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Contract law

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  • Contract law

    I have apparently entered into a contract without knowing.

    I received a number of quotes on a "search for a quote" type website. One of them was much lower than the others I further clarified with them some things and they doubled the quote, but it was still a quote I was happy with so asked how do I book.

    They sent me a link to an online booking form that asked for some more details and at the bottom had a signature and a box saying I would agree to the terms and conditions.

    following me filling this out they revised my quote to double the agreed amount saying that I needed extra things, that I had not asked for or did not need.

    it pissed me off a bit so I decided to continue my hunt for quotes elsewhere and did not reply to their message.

    I then found services elsewhere, a week later I received an email with an invoice from the first company I replied saying I no longer wanted their services as their new quote was not what I asked for and too much.

    They then replied saying I can cancel but am subject to a 100% cancellation charge which they have applied to the second quoted amount, not the higher amount but the amount I had said I was happy with so in effect a 50% cancellation fee or 100% of the amount we had originally agreed on.

    This is all for an event I am helping to organise and I am an unpaid volunteer at the event, neither I nor the event which is not for profit can afford to pay for services we will not receive.

    I was not aware that filling out a booking form was a contract, and never been in a position where I am being asked to pay for services that have not been provided and will never be provided.

    The company are saying that in their terms and conditions they state they have the right to change the price to whatever they want. They do have a clause stating that. but they also have a clause stating

    "All fees and invoices must be made in full to secure your booking. If anything is outstanding then your booking is not guaranteed, and your required dates are available for others to book and secure. We will be unable to dispatch medics to your event unless our entire booking process is completed." and about 100 other terms that are all for the benefit of themselves and basically say they can do whatever they want.

    To which he has said that clause is for them not the consumer.

    Now he is threatening me with court to claim the invoice. As an unpaid volunteer who is also loosing my job on Wednesday, I'm dumbfounded that this can happen.

    I'm not sure if this would be considered sole trader b2b or b2c as it's a community event, but we are selling tickets, but that is just to cover our costs, I've thought of it as a hobby rather than a business.

    Any help or advice as to what I should do would be gratefully received.
    Tags: None

  • #2
    Long time since I studied contract law but I don't think there is any contract.
    You did not agree to pay them and they can't impose a contract unilaterally.
    There must be a meeting of minds.I suspect court talk is simply to try and intimidate you. Hopefully more knowledgeable will post soon.
    Best of luck on job front. We are in difficult times.
    It may not have legal significance but what charity is being helped.

    Comment


    • #3
      Originally posted by RightStuff View Post
      ... They sent me a link to an online booking form that asked for some more details and at the bottom had a signature and a box saying I would agree to the terms and conditions.

      following me filling this out ...
      A contract may have been created at this stage, You need to examine the terms.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        No money was paid. No work done.

        Memories of present, present, promisee, value and legality.

        We will be unable to despatch medics to your event unless our entire booking process is completed.

        It appears not to have been completed so they would not be able to fulfil their side of the contract. It seems reasonable to a layman that there was no contract.

        As you say may have been created. Three years of studying law taught me to be wary of making a definite statement.

        Comment


        • #5
          is usually a morass of terms in a contract on the web. Disentangling them can be by no means easy. Rules which apply for signification of assent for one purpose may not apply for others.
          Best of luck.

          Comment

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