Advice please re contract - Court Action

[AndreaH]

Can anyone please explain simply for me what the following paragraph means. 'Submission of an online booking form is the basis of the contract between the organiser and the client and is subject to a deposit payable within 7 days. You may cancel the booking within 7 days of the confirmation email and/or invoice (cooling off period) without charge. If the client does not notify in writing within 7 days that they wish to cancel this contract then the client is subject to all terms and conditions of the contract and is liable for all payments due.' Does it mean that if no deposit was paid within the specified 7 days that the contract doesn't stand or would the payments still be due? Many thanks!

[pt2537]

Re: Advice please re contract - Court Action

Can anyone please explain simply for me what the following paragraph means. 'Submission of an online booking form is the basis of the contract between the organiser and the client and is subject to a deposit payable within 7 days. You may cancel the booking within 7 days of the confirmation email and/or invoice (cooling off period) without charge. If the client does not notify in writing within 7 days that they wish to cancel this contract then the client is subject to all terms and conditions of the contract and is liable for all payments due.' Does it mean that if no deposit was paid within the specified 7 days that the contract doesn't stand or would the payments still be due? Many thanks!

It seems to me that prima facie the wording means you can cancel the booking but must give notice within the specified period. If no cancellation notice is sent then the contract stands and the fees are payable.

Of course, there are far more facts that would be required to properly consider the matter so the above is nothing more than a preliminary view and should not be relied upon as accurate advice

[AndreaH]

Re: Advice please re contract - Court Action

Thank you. I just found this paragraph on their website, would that imply the same? Basically I filled in an online booking form and then became ill so never sent a deposit or anything and was unable to exhibit at the event. I was under the impression that if I didn't pay the deposit etc. then I wouldn't have been allowed to exhibit even if I was able to do so. 'Stands are limited for each profession on a first come first served basis and are only secured on receipt of a booking form and deposit payment of 50% of the stand fee within 7 days of invoice date. The full balance is payable 30 days before the event. Should the balance not be paid then the stand may be re sold. Prices depend on space size and are subject to VAT. Please email/call for advice on what sized stand would best suit your business.'

[ostell]

Re: Advice please re contract - Court Action

I read that to mean that the contract is subject to a deposit being received within the 7 days. No deposit, no contract.

[charitynjw]

Re: Advice please re contract - Court Action

My two-pennerth

The contract is in place.

There is offer, acceptance & consideration.

The deposit payable is a term of the contract, & failure to honour it breaches the contract.

The cooling off period required via the Distance Selling Regs has expired.

[Guest]

Re: Advice please re contract - Court Action

My two-pennerth

The contract is in place.

There is offer, acceptance & consideration.

The deposit payable is a term of the contract, & failure to honour it breaches the contract.

The cooling off period required via the Distance Selling Regs has expired.

Yes I agree, as an aside this would not be the case in a consumer contract under distance marketing provisions and the CCA, in that case the contract is actually made when the goods or finance are provided, either party can withdraw at any time before.

I thought interesting although off topic slightly