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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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On the 14-08-15 I completed an electronic E-mail form to secure

Resolved Question:

On the 14-08-15 I completed an electronic E-mail form to secure a hospitality table at the 2016 grand prix event -no monies have been paid but 50% of the £6000 is due on the 28-08-15. Today on the 25-08-15 I have notified the hospitality company of my wish to cancel the booking and have received reply that I will still have to pay the 50% to exit the booking
What are my rights re- cooling off period etc.
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
As the booking was made online the distance selling regulations apply. However catering and leisure activities for specific dates are not covered by the 14 days cooling off period. However what do their terms and conditions say? Do they say you have to pay the 50% to secure the booking?
Do you have their terms and conditions to hand?
Kind regards
AJ
Customer: replied 1 year ago.

Hi AJ the copy of the order form refers me to a web page www.corporatehospitality.com/terms which when I look at the appropriate part I cannot interpret it properly

My order form however does say that "on receipt of this contractural agreement by facsimile transmission duly signed ,your order is accepted, confirmed and an invoice will be issued"

Note the order form was transmitted electronically by E-Mail and I used an electronic signature box to sign my name

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Have they actually purchased your tickets yet?
Was the electronic signature just a tick box?
Kind regards
AJ
Customer: replied 1 year ago.

Firstly I have no knowledge if they have secured my tickets, to the best of my knowledge the actual date for the event is yet unknown and tickets would be released by the Silverstone organisers in due course probably sometime next year,My understanding is that this hospitality company secure tables for the event outside the venue in a local golf club and have an allocation of grandstand tickets they can draw down on from Silverstone box office when they are released

It was an electronic signature that was in my name that I clicked on and moved into the acceptance block

Expert:  Alex J. replied 1 year ago.
Hi
Thank you.
It does say that you need to pay the 50% on formation of the contract but I would note the following:
- As you have pointed out formation only occurs on the return of a signed facsimile - according to their T and C;
- To claim £3k for tickets they have not yet secured and where they have suffered no other losses would just be a pure penalty for terminating the contract, which is entirely against public policy - and should in theory be unenforceable.
I would write to them and say that you deny any liability for the £3k as there is no way they could have incurred any cost for tickets that have not been released yet. I would say to them that furthermore you do not believe based on their terms and conditions a binding contract was formed. Say that if they continue to pursue for this money you will deem it unlawful harassment under S.40 of the Administration of Justice Act 1970 and reserve the right to complain to Trading Standards - www.tradingstandards.uk/advice/
.
If you want to try and resolve this quickly - I would also suggest that you offer a small payment to cover admin costs but nothing - say that any such payment is without admission of liability and is a gesture of goodwill only.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3522
Experience: Solicitors 2 years plus PQE
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