UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law

We paid to host an film at an cinema. The event definition

Customer Question
Hi We paid to host an...
Hi
We paid to host an film at an cinema. The event definition is
Event:" the event for which Hirer has hired a cinema auditorium and/or other part of a cinema."
However, the release date of the film got changed after the contract was signed and the company has enforced event cancellation charges as we did not cancel in enough time so a 50% cancellation fee was applied. THe new release date was no longer convenient to us. I was thinking that possibly the contract is void? because of the date was changed and so the enforcement of the cancellation charges is not valid?
Kind regards
Submitted: 2 years ago.Category: UK Law
Show More
Show Less
Ask Your Own UK Law Question
Answered in 4 minutes by:
9/22/2015
Solicitor: Alex J., Litigator replied 2 years ago
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,794
Experience: LLB, LPC, DELF
Verified

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
We actually paying the cinema to show the film, we paid for a total number of guests which was the whole capacity of the cinema- food and drinks package too. The cinema company told us the date of the film release had been put back to the following week which was no longer convenient. We indicated a new "likely" preferred date but did not confirm it at all. The cancellation charges are as follows:
a) If Hirer has to cancel or postpone its confirmed booking at any time prior to the Event, such cancellation must be notified to ODEON in
writing and the following scale of cancellation charges will apply.
i) 75 or more days’ notice: no charge;
ii) 65-74 days’ notice: 25% of the Price;
iii) 45-64 days’ notice: 50% of the Price;
iv) 31-44 days’ notice: 75% of the Price;
v) 0-30 days notice: 100% of the Price.
Solicitor: Alex J., Litigator replied 2 years ago

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?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Amendment and Cancellation by Odeon
a) Should ODEON, for reasons beyond its reasonable control or for operational reasons, need to make any amendments to the booking, ODEON reserves the right to off an alternative choice of facilitiesmentions Sales of Goods Act 1979 (not excluded)
Solicitor: Alex J., Litigator replied 2 years ago

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
I was sort of thinking that they have made a new offer(date) which we never agreed to. The original date was a fundamental in the sense that was the opening release date and did not fall into school half term week. The new opening date fell into school half term week, they still offered the opening night and were fairly flexible about other dates. The cancellation fee is about £15k. We cancelled the event saying unfortunately due to circummcumstances beyond our control we need to cancel the contract stated date.
Solicitor: Alex J., Litigator replied 2 years ago

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Date, start time and end time of Event: Friday 23 October, 2015 (If the pre-release becomes available you will have the priority to change the dates for your event if you wish)
There is no pre-release. Friday 23rd was the opening night of the film. Yes they are supplying the film from the distributor - Sony.
Customer reply replied 2 years ago
To confirm we never received a revised contract with a new date.
Customer reply replied 2 years ago
I did the inform them that" due to circumstances beyond our control we wish to cancel the event on 23 October."
(This date no longer exists, anyway)
Solicitor: Alex J., Litigator replied 2 years ago

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?

Ask Your Own UK Law Question
Customer reply replied 2 years ago
We paid all the money up front, "cancelled" 57 days notice and they kept 50% of the fee and reimbursed the other 50%. We actually asked them to kindly use some of the fee to host a smaller event which would only cost about 25% of the original fee is we would have been happy them keeping 25pc and moved on. They refused this.
Solicitor: Alex J., Litigator replied 2 years ago

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
this was my first draft on an initial letter: (we due to give this area manager a call tomorrow) contract attached
Dear Mr ZinzanEvent for Spectre Screening 23 October 2015 – Cancellation charge £15,288In response to the Odeon’s “ The Lounge”decision to charge a 50% cancellation charge in relation to this event we wish to complain.It is our mutual understanding that we agreed to an event date of 23 October which coincided with the Spectre official UK release date and more importantly from our standpoint it did not fall in the Children’s school half- term week. (This drove the decision to hire the whole cinema as we were very confidence in achieving the required capacity) As you are aware on numerous occasions we pointed out to “the Lounge” the evidence on social media sites that suggested the film would be held in the UK on the “global” release date on 6 November 2015. I set out below a very high level summary of the timeline of events leading up to our notification to the Lounge to cancel the planned Event on 23 October.20 July – The Lounge advised that 23 October was not possible and a suggested date change of 26 October was put forward
22 July – 24 July – Some discussion with the Lounge over alternative dates
27 July – xxxxxx advised Odeon that we would not be holding the event.In light of the fact xxxxxx never agreed to the date of the new event we believe a cancellation charge should not have be levied. We note that we gave the Lounge 55 days’ notice to a date which no longer existed and a new event date was never actually determined.We look forward to discussing this matter with you on Thursday.Kind regardsIan
Solicitor: Alex J., Litigator replied 2 years ago

Hi, Thank you. I have just received this. I will review today. Kind regards AJ

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Hi Just checking when are you going to reply
Regards
Ian
Solicitor: Alex J., Litigator replied 2 years ago

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
ok,thanks
Solicitor: Alex J., Litigator replied 2 years ago

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.

Kind regards

AJ

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Hi Alex
Thanks for the reply.
As a reminder the only "notice" we gave was that the "regrettably, due to circumstances beyond our control we need to cancel our event at the lounge 23 October 2015.Separately we indicated a preferred date is likely to be 30 Oct. (no confirmation of this)
Does this alter anything?
Solicitor: Alex J., Litigator replied 2 years ago

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

Ask Your Own UK Law Question
Customer reply replied 2 years ago
Thanks nothing confirmed only an email saying our preferred date is likely to be....
Solicitor: Alex J., Litigator replied 2 years ago

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.

Ask Your Own UK Law Question
Ask Alex J. Your Own Question
Alex J.
Alex J.
Alex J., Litigator
Category: UK Law
Satisfied Customers: 3,794
3,794 Satisfied Customers
Experience: LLB, LPC, DELF

Alex J. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,196 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,756 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

James Mather

James Mather

7,349 satisfied customers

Senior Partner at Berkson Wallace

Clare

Clare

Solicitor

9,490 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
When I file for small claims court in London and date set,
When I file for small claims court in London and date set, what if i can't be there as I am working overseas? Can I ask someone to act on my behalf?The reason for not filing at the moment as I have a … read more
Jamie-Law
Jamie-Law
5,342 satisfied customers
My friends downsyndrome sister recives disability living
Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support as she herself … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
I've been asked to go to an interveiw under caution for
Hi I've been asked to go to an interveiw under caution for suspected benefit fraud. What it was is I applied for housing benefit that I am entitled to as single mum and working tax. But what I didn't … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
My mother died intestate last July, she lived with my sister
My mother died intestate last July, she lived with my sister who I'd fallen out with some time ago, my brother contacted me on Boxing day and told me my mother had informed my sister that I wasn't to … read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,846 satisfied customers
My friends downsyndrome sister recives disability living
Second opinion] Hi my friends downsyndrome sister recives disability living allowance which is now being transitioned to PIP but she has nevet claimed income support. Is she entitled to income support… read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
Family mater get in ex girlfriend out of my property. What I
Family mater get in ex girlfriend out of my property … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
My ex wife is wanting to take our 4 year old daughter on
Hi, my ex wife is wanting to take our 4 year old daughter on holiday, that in it's self I have no issues with. I have asked my ex wife for a child travel consent form outlining details of the holiday … read more
ivorylounge
ivorylounge
38 satisfied customers
I ordered 5 items online, and paid for them. there then
I ordered 5 items online, and paid for them. there then followed a series of emails from the seller, sayting that the item was being 'tested', and that one of the colours I asked for was not available… read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
Please can you advice me what will likely happen with the
Hi please can you advice me what will likely happen with the following.In March me and my partner of 6 years had a domestic argument. She drank every day and often came across in my face and argumenta… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,612 satisfied customers
We have a survey to establish employee satisfaction and our
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I have not been paid for some consultancy work i did for an
I have not been paid for some consultancy work i did for an agency set up to manage a United Nations project. They claim the client will not pay them so they are not in a position to pay me. The agenc… read more
Michael Holly
Michael Holly
Bachelor\u0027s Degree
6,666 satisfied customers
I hope so. UK. Letters written, complaint filed with
Letters written, complaint filed with solicitor concerned.... Ideal outcome would be to compromise/mediation... … read more
ivorylounge
ivorylounge
38 satisfied customers
I, and one of my executors have changed our address since I
i, and one of my executors have changed our address since I made my Will. Do I need to modify myh Will or will a codicil do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers
If I have a complaint about my solicitors bill and after
If I have a complaint about my solicitors bill and after exhausting their complaints procedure and my complaint is then bing investigated by the legal ombudsman, does the interest on the bill freeze u… read more
Jamie-Law
Jamie-Law
5,342 satisfied customers
I want to know if my employer can tell me not to come in
i want to know if my employer can tell me not to come in anymore … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,196 satisfied customers
I recently moved my mother to live with me in May last year
I recently moved my mother to live with me in May last year as she has mixed dementia and has increasingly needed more support. I sold my home to purchase a larger house with an annexe to house my mot… read more
F E Smith
F E Smith
Bachelor\u0027s Degree
2,205 satisfied customers
I am trying to find out if copywrite exists on car adverts
Hello I am trying to find out if copywrite exists on car adverts from th 20's to the 50's. The car company was wound up. not absorbed in the mid 1960's … read more
JGM
JGM
Solicitor
Bachelor\u0027s Degree
6,702 satisfied customers
I have an executor for my late mother's will, however, he
I have an executor for my late mother's will, however, he refuses to do his job. What can I do? … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,490 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x