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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70412
Experience:  Over 5 years in practice
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can a social club cancel a booking

Resolved Question:

can a social club cancel a booking
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

we run a country and western club ,the management of the club where we hold our monthly dance night just rang me to state that i have to rebook jan and feb club nights as they have booked a more lucrative party's on these nights we have bands booked and people coming to our club night ,to cancel or to relocate is not an option all of our club nights are booked 12 months in advance

Expert:  Jo C. replied 2 years ago.
What are the dates of the events cancelled in January please?
Customer: replied 2 years ago.

January 24th

Expert:  Jo C. replied 2 years ago.
Ok.
Are they offering you another date close to that?
Customer: replied 2 years ago.

at this point no but if they were to offer a further date we would be unable to re book a band as country bands are booked months in advance plus and we would also be liable for a cancellation fee

Expert:  Jo C. replied 2 years ago.
Ok.
Does your contract with them allow them to cancel?
Customer: replied 2 years ago.

we only have good will bookings through a diary

Customer: replied 2 years ago.

we do not have a contract as such just good will we book a date they hold that date open for us

Expert:  Jo C. replied 2 years ago.
You do have a contract even if it not one that is reduced to writing.
Unless they are relying on specific agreed clauses allowing for cancellation, if they have offered the venue to you and you have agreed then they should not cancel. That is a breach.
You are under a duty to mitigate your loss by trying to rearrange for another evening. To claim your consequential losses you will need to show that you have tried and cannot and why you cannot.
Ultimately though you cannot force them to agree if they will not. All you can do is sue them for your losses. It is possibly an idea to write to them threatening to sue if they do not agree. A letter before action can often achieve miracles.
Can I clarify anything for you?
Jo
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