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Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Please can you clarify the exact nature of the service? Were you hiring the space in order to exhibit the film? Or were you paying the cinema to show the film? Kind regards AJ
Hi, Thank you. Does it say any where in the terms and conditions that they reserve the right to change the date where it is outside their control?
Hi, Thank you. I am afraid that I do not think the contract will be void unless you specifically agreed that the date was fundamental you actually agreeing the contract. Are they flexible on the re arranged date or will they only offer you one date? Would you still do the showing if you could agree an appropriate date? Kind regards AJ
Hi, Thank you. Was the date included in the contract for any reason? Were the cinema actually supplying the film as well? If they were supplying the film and the date was in the contract, then I think you have an argument to you rejecting the new date does not count as a cancellation by you. On that basis you should not be charged the penalty. I look forward to hearing from you. Kind regards AJ
Hi thank you - it only says that Odeon can terminate for circumstances beyond its control. Odeon did not terminate they tried to change the date. When they changed the date you then terminated. As the date was stated in the contract they should not be allowed to unilaterally change it unless such right to do so exists in the contract. In that regard the clause says they can offer alternative facilities but presumably it has to be assumed the date is to crucial to the agreement to change it? - considering what to do next have they given you half the money back?
Hi, Thank you. Could you possibly send me a copy of the contract by pasting it into this link, I can then suggest the wording of how you should respond to them to put pressure on them to refund some of the money - Kind regards AJ
Hi, Thank you. I have just received this. I will review today. Kind regards AJ
Hi, Thank you. My apologies - I unhelpfully had my laptop replaced yesterday. I will reply today. Again my apologies for the delay. Kind regards AJ
Hi, Thank you. This document says a) there is a formal agreement to follow and b) It also only says what happens if the Hirer cancels. You didnt cancel the event, they did because you were not able to accept the changed date. I would write to them and say:
- They unilaterally tried to change the date;
- You did not cancel reservation you only objected to the change of date;
- You have taken no action to actually cancel the booking;
- Say if they do not contact you in 7 days to reach a reasonable settlement (and say you are open to a smaller viewing on another date) - you reserve the right to commence county court proceeding and complain to trading standards.Given the sum of money involved this could probably be dealt with in a small claims court, but the fact that they are keeping half the money when they could not show the film on your requested day would be hard to justify in court. Ultimately they are charging you a penalty for the contract not proceeding, the 50% fee cannot be a genuine estimate of their losses.
Hi, Thank you. The fact that you used the words "cancellation" gives then grounds to have an argument, but ultimately the contract is to show the film Spectre, if the film is not released then there would haven nothing to show. Did you confirm the alternative date in writing? Kind regards AJ
Hi, Thank you. You can use that as evidence (along with the fact that film was not actually released) that you were only trying to change the date not cancel the whole thing. I think the main way this is likely to be resolved is by the cinema giving you a more suitable, I would be suprised if they insisted on defending on this in court.