Hula Groove Wedding Band

A question about : Hula Groove Wedding Band

Morning,

My fianc! booked (online) a wedding band.
She accepted the Terms and was expected to pay a 25% deposit via BACS. She only did this after communication with the band suggesting they would get booked up, so she felt pressured into it by the band.

A weekend past and we checked our budget and had a change of heart. We contacted the band to release the date and have been threatened with legal action if we don't pay 75% of the fee in 7 days.

The cooling off period for distance selling doesn't cover this, and the band is going to charge 8.5% interest for everyday we don't pay.

No money has been exchanged.
We're deeply disappointed that no one has been able to help, and this should be a happy time for us.

The wedding is in 5 months and we cancelled 3 days after booking.

What to do?

Best answers:

• Hi,
  I think you need to let us see the appropriate T&C's before we can add much here. Have you got them to hand?
  The Unready
• I'm probably going to be corrected on this, but I believe that any penalty paid for cancellation should be proportionate the time you have had it booked and the time remaining to the date of the event.
  The band have not been able to trade the date due to your reservation for one week, but have 5month to take a booking for the date. If they can't get a booking within this time they were probably a bit crap anyway.
  I would put something along those lines to them in writing and tell them that the 25% deposit you have paid is your final, generous and reasonable settlement for this unfortunate situation.
• when is your wedding, did it mention online anything about cancellations ? we hired a band for my daughters wedding however i sent a postal order for a deposit and told them id pay the balance at the venue on the night before they played, slightly different to your situation.
  Ive never heard of a a wedding band doing this to a customer i mean what would happen if you changed your mind ie decided not to get married, or decided to marry abroad or just changed the entertainment to a dj or something there must be something in their t&c to cover all these things, I would think the court thing is just a threat but in this day and age you just never know id call them and explain that you just dont have the money to have the band and that you would really like to but finances just arent there.
  I would imagine the fact you paid a deposit to keep the date and change your mind you dont get the deposit back and that should be the end of it.
  let us know how you get on
• Quote:
  I would put something along those lines to them in writing and tell them that the 25% deposit you have paid is your final, generous and reasonable settlement for this unfortunate situation.[/QUOTE]
  I may have read it wrong but I don't think the OP has paid anything at all yet - the first post says 'no money has exchanged hands'. If they haven't confirmed the booking with a deposit the situation may not be clear cut.
• Tell the band to get lost AND to return your 25% deposit or you will sue them.
  Your fiancee had a contract with the band to perform in 5 months time. Your fiancee has now changed her mind and decided that she doesn't want the band.
  This is an anticipatory breach of contract (i.e. it hasn't happened yet, but everyone knows that it will), and can be treated by the band as if the contract has been broken already.
  So what damages is the band entitled to for your fiancee breaching the contract? Any loss that they would incur by the breach, hence why they are asking for the full fee.
  However the band has a duty to mitigate its loss, so it has to do what it can reasonably do so it doesn't lose out. This means that if it manages to book another gig for the date that you had booked it for in 5 months time, then it has lost nothing.
  The duty is on the band to do this, so it can't just put its feet up and not bother to advertise its services. It has to take reasonable steps to fill the cancelled date in 5 months time.
  Now what is the chance of the band not having a booking for that date in 5 months time if they are any good. About zero.
  And if they start telling lies about not getting a booking, get a friend to contact them a few weeks before the wedding date in 5 months time, and ask if they can book them. And when they say that they are not available...
• I'd write or phone tell them that your fiance only booked the band because she felt pressured. Now three days later after consultation with other people organising the wedding you realise that you can't afford them and you will not be confirming the booking by paying the deposit.
  If they threaten you with legal action tell them to go ahead as you have taken advice and you have done nothing wrong as no money or confirmation has taken place.
• I feel totally let down regarding the Distance Selling Act and the terms for Cooling Off. That law has to change, surely.
  Please let me stress, no money has been exchanged. We received an auto email confirmation with bank details for the deposit, but then changed our mind.
  Cancellation policy...
  “In the event of Client cancellation or postponement more than 6 weeks in advance of the performance, 75% of the agreed Band fee will be due. At less than 6 week’s notice or in the event of any breach of these Terms and Conditions the full fee will be due.”
  The above is the part of the T&Cs..
  Full T&C's below..
  Terms & Conditions
  Venue Requirements
  Although the Band will consult with the Venue manager it is the Client's responsibility to ensure that
  the Venue is suitable for the Band’s performance.
  The Venue must provide a safe and adequate source of power suitable for the Band’s PA, lighting rig
  and equipment. The Band require 2 x 13 amp main sockets for the PA system & instruments and 2 x
  13 amp sockets for the lighting system.
  The Venue must provide a safe, dry and even performance area of sufficient size to accommodate
  the performance of the Band with appropriate licenses and no inhibiting noise limiters set below
  90db. The stage area must be flat, dry and even and made from a solid material of sufficient
  strength to support the Band and their equipment.
  Minimum performance areas
  9-piece: 6.5m (21 feet) wide by 3.5m (12 feet) deep.
  6-piece: 5.5m (18 feet) wide by 3.5m (12 feet) deep.
  4-piece: 4m (13 feet) wide by 3.5m (12 feet) deep.
  Acceptable Temperature Range
  The Client agrees to maintain the performance area and artists’ rest area at a temperature between
  13°C (56°F) and 30°C (86°F) at all times.
  Parking and Vehicle Access
  The Band must be able to unload their vehicles within 50 mts of the performance area. The route
  from the parking area to the performance area must be unobstructed flat ground suitable for the
  movement of wheeled trolleys. In the event that the Band are unable to unload within 5O mts of the
  performance area, have to negotiate more than 10 steps, narrow doors/gates, gravel paths or other
  similar obstructions additional loading fees may be applied. All access roads and entry points must be
  suitable for a Transit-size van and 2-wheel drive vehicles.
  It is the Client’s responsibility to ensure that the Band is provided with sufficient parking facilities at
  the Venue for all vehicles associated with their act. If no legal parking is available at the Venue,
  rendering the Band incapable of unloading, or after unloading the Band is unable to secure legal
  parking within a ј mile radius of the Venue, the Client agrees to pay for any reasonable parking
  expenses thereby incurred. This includes, but is not limited to parking meters, car park fees, parking
  tickets, wheel clamp removal, impound release fees etc. The Band will make all reasonable attempts
  to find legal parking where possible.
  Setup and Breakdown
  Required set-up times are as follows:
  9&6 piece bands: 2 hours
  4 piece band: 45 minutes
  The Band will normally arrive 2 hours before the start of the first performance to setup and test their
  equipment regardless of whether guests are already present at the Venue. If you require the Band to
  arrive more than 2 hours before the first live performance or before 6pm an additional charge will be
  payable.
  A fast set up is also available however this will not however provide time for a sound check or any
  contingency time for any technical issues that may occur on the day. If the Client requires the Band
  to carry out a fast set up the Band will not be held responsible for any sound quality issues or delays
  to the start of the performance.
  The Band must be able to safely and conveniently dismantle and load their equipment no later than
  midnight. If the Band are unable to breakdown their equipment by midnight or if the Client has
  requested the Band to play live or pre-recorded music after midnight, a fee of Ј250 for each
  additional hour will be charged. This charge will also apply if the Band is in any way prevented from
  dismantling or unloading their equipment after midnight. The Band will require approximately one
  hour after the performance to dismantle their equipment and load their vehicles. Please ensure that
  the Venue managers are aware of this requirement.
  Performance Duration
  The 9 & 6-piece Band will perform a total of 140 minutes of live music finishing by midnight, either
  as 2 sets of 70 minutes with a break or 3 x 47 minute sets with 2 breaks unless otherwise agreed.
  The 4-piece Band will perform a total of 120 minutes of live music finishing by midnight, either as 2
  sets of 60 minutes with a break or 3 x 40 minute sets with 2 breaks unless otherwise agreed.
  If the Band is unable to setup or start performing at the agreed time for reasons beyond their control
  they will not be obliged to extend their performance.
  Once the Band’s equipment has been setup and tested, the Band may agree to leave pre-recorded
  music playing through the PA system before the performance and between sets. The Band will bring a
  selection of music but will also play the Client’s own compilations should they have a particular
  preference. It is agreed by the Client that any equipment and instruments of the Band are not
  available for use by other performers or persons.
  Noise Restrictions
  While the Band will always try to play at a volume appropriate to the Venue, the minimum level of
  volume is largely dictated by live drums. As a result, the volume of the Band cannot be controlled in
  the same way as pre-recorded music. If the Band is asked to play music at a volume that they
  consider unsuitable for their performance, the Band will immediately cease playing and the Client
  will be liable for the full performance fee. The Band will stop playing immediately when instructed
  to do so by the Client, the Venue manager, catering staff, police, local council or by any member of
  the public.
  Refreshments
  It is the Client’s responsibility to ensure that the Band and Crew are provided with adequate
  refreshments throughout their stay at the Venue. The minimum that must be made available is a free
  unlimited supply of soft drinks and a hot meal (with a vegetarian option) for all members of the Band
  and Crew. Sandwiches, baps, rolls and cold buffets will not be considered a suitable meal. If the
  Client has requested a set up before 3pm then one lunch (with a vegetarian option) and soft drinks
  must also be provided by the Client in addition to the evening meal. If a suitable meal is not supplied
  a charge of Ј15 for each member of the Band and crew to obtain outside catering will be payable.
  Storage and Rest Area
  The Client must ensure that there is a separate, dry and comfortable indoor area for the Band to
  change in and rest. The area should preferably be lockable and must include sufficient chairs for the
  entire party. Cloakrooms, tents, kitchens, toilets and bathrooms are not acceptable for this purpose.
  PA and Lighting
  The 9-piece and 6-piece Bands will supply their own PA, lighting rig and sound technician suitable for
  audiences of up to 500 people.
  The 4-piece Band will supply a PA system suitable for an audience of up to 150 people and basic
  stage lighting. A more powerful PA system and lighting for the 4-piece Band is available at an
  additional fee upon request.
  Contracts & Booking requirements
  The Band cannot guarantee the presence of any specific Band members at the event. All Band
  members are subject to change without notice.
  A deposit of 25% is due at the time of booking. The remaining cleared payment must be received no
  later than 14 days before the event (by bank transfer or cheque).
  Cancellation and Postponement Policy
  In the event of Client cancellation or postponement more than 6 weeks in advance of the
  performance, 75% of the agreed Band fee will be due. At less than 6 week’s notice or in the event of
  any breach of these Terms and Conditions the full fee will be due.
  All engagements made for the Band are conditional upon the Band’s ability to fulfil them. In case of
  detention by sickness, accident, or any legitimate or unavoidable cause, it is understood that, there
  shall be no claim for damages by the Client. In the event of force majeure, the inserted clause
  (below) will apply and Client will not be entitled to any form of compensation.
  In the event of the Band having to cancel due to sickness, accident, or any legitimate or unavoidable
  cause the Band will endeavour to provide the Client with a suitable replacement.
  Event of Force Majeure
  Act of God including but not limited to fire flood earthquake windstorm or other natural disaster; act
  of any sovereign including but not limited to war invasion act of foreign enemies hostilities whether
  war be declared or not civil war rebellion revolution insurrection military or usurped power or
  confiscation nationalisation requisition destruction or damage to property by or under the order of
  government or public or local authority or imposition of government sanction embargo or similar
  action law judgment order decree embargo blockade or labour dispute including but not limited to
  strike lock out or boycott; interruption or failure of utility service including but not limited to
  electric power gas water or telephone service; failure of the transportation of any personnel
  equipment machinery supply or material required by the company; any other matter or cause beyond
  the control of the company
  Thanks....!
• If you haven't paid a deposit or signed any contracts there's no problem.
• Isnt Hula Groove by any chance is it?
  Have you checked their website to see if they are still advertising themselves as avilable for the night in question?
• I believe there is a problem which I hope we can overturn.. They say we clearly agreed to the Terms & Conditions and digitally agreed to it. With this in mind they say we owe them 75% (a lot of money) for the cancellation. I understand the need for cancellation policies, i'm not doubting that. What I am doubting is the fact that (within a reasonable amount of time), and with no money exchanged we have simply changed our minds.
  We shouldn't be taken to court over this.
  I think on principle I will speak to legal advisor tomorrow.
• Get legal advice but I sure as hell would not pay the extortinate amount they are requesting seeing as you have cancelled so far in advance.
  There may well be issues with unfair terms of contract here.
• There seems to be a growing band of people who think that they can mess people around by changing their minds, having accepted terms and conditions, and simply walk away from their obligiations.
  I'm sorry OP but no-one held a gun to your OH's head to book the band. The band may have given the impression that they would be booked up and hence unavailable but at the end of the day they were out to sell their wares and that's what salesmen do...try to create the illusion that it will be the end of the world if the buyer doesn't make a decision there and then. It may have been more appropriate to check the budget before booking the band and not afterwards.
  My feeling is that you will have to at least pay them the deposit and I also have the feeling that if this did go to court then you would be liable for the 75%.
  Personally after reading their t&cs I would have walked anyway......sound right little divas