Cancelling my Wedding Band - HELP!

Milly33

whippet wrote: »

they couldn't have gig lined up as the OP had booked them.

Not on that day but soon to come. Sure why not!! Ah tis all silly really. If they wanted to have compo they should have asked for a bigger deposit.. If they are in the business long enough they will know people cancel sometimes..

If they come the day of your wedding just get security to remove them..

Honestly why are people being so hostile about it. Tis faults on both sides but they are suppose to be the professionals and should know again that this kinda things happen to everyone take it with a pinch of salt and €50..

And to rant this really annoys me

"2 hours work per night? Are you having a laugh OP? Firstly the wedding market tends to be 2-3 nights/week max - most bands do play this, and if they want to book 2- 3 nights to play a week then that is the bands bady not the ops.

The cost is split between numerous members, there is often equipment hire/maintenance to be paid - your in a band this again is the bands baby most bands if going good have their own equipment or should have if they are any good, as you get fuzzy with the sound and all that goes. Do you pay for equipment hire when you go to a concert?

fuel costs, accommodation costs if it is a long way from home - fuel cost fine but tis up to the band again if they want to stay so again not OP's problem

2 hours of music time is the minimum, there's also the 1 hour setting up before and after the gig, the rehearsal time for first dances etc., not to mention driving time to and from the gig. Some bands have worked a day job, then driven 2 hours to a gig, spent 4-5 hours setting up, gigging, taking down and the driven 2 hours home again. Hardly easy peasy. Wedding music isn't a 7 day a week industry. " - again the bands call!!

I get paying good money for a good band but stuff like that above annoying me.. Do work pay me to get clothes to ware to work, do they pay my travelling expenses to work mmmm no.. Rant over haha

bladespin

On an aside, €2000 is a very, very high price for a band.

Also OP, if they've been around any length then they won't do anything as stupid as turning up at the wedding, if that happened and you publicised the fact they did then that would pretty much be the end of them, reputation means a lot as regards bands (and everything else IMO).

WildCardDoW

You're best off offering nothing, anything else could mean you agree with their view and they could then take it further.

Or else get a contract drawn up to cover yourself. :P

Evil_Bilbo

tightropetom wrote: »

Quibbling over 50 bucks? It's probably the least you could offer for the inconvenience.

Just my 2c. Rant over.

They are welcome to the 50 bucks, I just dont really want to fork out shed loads of cash as compensation for loss of earnings, which is what they are looking for.

Fishyfreak

I cannot believe the amount of people recommending that you voluntarily pay them.

The band are trying to bully you with threats now, any goodwill/sympathy towards them should be long gone. No way would I hand over another cent.

muffler

Fishyfreak wrote: »

I cannot believe the amount of people recommending that you voluntarily pay them.

I certainly wouldn't call it that.

tightropetom

Milly33 wrote: »

if they want to book 2- 3 nights to play a week then that is the bands bady not the ops.

You've missed the point - these functions tend not to happen on the other days, so not really the band's choice! :-)

Do you pay for equipment hire when you go to a concert?

It's often one of the expenses for a concert so ticket costs usually cover this.

fuel costs, accommodation costs if it is a long way from home - fuel cost fine but tis up to the band again if they want to stay so again not OP's problem

No - but it's up to the business if it wants to factor these costs into its total cost. If the customer doesn't like it - DON'T BOOK THEM!!! :-)

again the bands call!!

Exactly - so if people don't like it, don't book them.

I get paying good money for a good band but stuff like that above annoying me.. Do work pay me to get clothes to ware to work, do they pay my travelling expenses to work mmmm no.. Rant over haha

Some jobs do! Especially if long travel is required I get fuel expenses for my day job!

Having said that, the band should have set out Ts&Cs.

tightropetom

Evil_Bilbo wrote: »

Business is business, but I was of the opinion a deposit was a security for both parties. I get it back if they cancel, they keep it if I cancel.

It does kinda suck that they didn't set out terms and conditions for cancellation and how the deposit works. I know a lot of bands ask for a non-refundable deposit, usually around 10%. The non-refundable part is to cover such cancellations, and cover some of the loss of earnings. Some offer full return of a deposit if cancelled before a certain time.

It will be interesting to see the outcome on this one.

Milly33

that's more or less it they didn't mention any t's & c's Oh I sound like an ad haha.. Ah hopefully youll get it sorted out and there wont be much bad feelings

Red Nissan

Re the [second] email threatening that individuals would seek their own redress, keep this email and prepare to take it to court.

The band is or maybe a legal identity, individual members are of no concern to you. In light of this you may have done the right thing after all, very unprofessional letter indeed.

I would not offer them anything now and if any individual member of the band tries to come after you, they will be committing an offense and a judge will deal with that for you.

Steviemoyne

I have no idea if this is relevant, but: If the deposit of €50 isn't there in the event of a cancellation then what exactly is it for?

Did they at any point even say what the deposit was for? (I can't recall seeing it previously so apologies if it's been mentioned in a previous post).

maximoose

Offer them nothing.

If everything that you have said is true ie. no contract, no formal terms and conditions laid out even by email when booking, and them ignoring your contact attempts when trying to cancel 6 weeks before the event - I don't really see any wrongdoing on your side and can't see how any of them could "pursue" you legally.

Cabaal

Any agreement you have/had is with the band as a whole, its the group.

This nonsense of individual members going after you is nonsense, they get paid when the band does a gig....they don't show up on their own and get paid.

The fact they are trying to pressure you into agreeing to something is suspect to me and is a pressure tactic to get you to agree to something under pressure.

They should have had you sign a contract at the beginning, or atl;east have their Terms & Conditions outlined in an e-mail which you respond to agreeing to the terms.

I know for my wedding band I agreed on certain terms being added or removed and then signed a contract and provided a deposit. If a band can't be arsed to provide a contract then they are only leaving themselves open to cancellations when they will be at a loss.....very stupid thing for them to do.

Skid X

Evil_Bilbo wrote: »

I think I will offer them ...

It might be better not to disclose the details of what you would be prepared to settle for on the thread.

It's a small World, one of the band members (or someone who knows them) could be reading it.

Hoppy90

You have fulfilled the obligation to the band as of now. They felt the rest of the money was only required upon fulfilling their part of the deal. That has been terminated by yourself and as a result the initial payment required by them has been lost.

Bunch of amateurs. Tell them to get stuffed and enjoy your wedding.

Zillah

If there were no terms and conditions agreed to when you first booked them then there are no terms and conditions. They are no more entitled to spring out a secret T&C document now than you are, stating that they have to pay you a ton of diamonds if they cancel.

The only terms of your deal were thus:
- You will pay them 2k
- They will perform at your wedding
- You will give a 50 quid deposit

It doesn't matter if they have a detailed T&Cs document sitting in a safe under their bed, you weren't made aware of it and you didn't agree to it.

The presence of a deposit, to me, directly implies that you are entitled to cancel the contract with the penalty of forfeiting the deposit. That's the bloody point of a deposit. If they want to make it harder or more punitive then they should have customers agree to T&Cs that do so.

I think you shouldn't offer to pay them a penny, that might demonstrate you admitting fault. Concede that they can keep the deposit and go enjoy your wedding. Maybe they'll learn to not make deals like cowboys in future.

One caveat: I am not a lawyer and I don't have any experience with wedding bands, I'm just going by the basic contract laws here.

sweetie

muffler wrote: »

Seriously?

So if you fell behind on your mortgage or phone or electricity supply payment etc etc then you would forward any demands for payment to the Gardai?

Im amazed, I really am.

Eh, no but if I started receiving veiled threats from someone (concerning a civil matter) I would at least threaten to report them to the Gardai to try and put an end to it.
As the OP wrote: "or else he will pass on my contact details to the band members who will pursue me individually"

At the end of the day the OP is wrong in their actions but I believe legally in the clear and the band haven't got a clue on running a business.

CaraMay

Hope they don't show up at the wedding.

Cabaal

CaraMay wrote: »

Hope they don't show up at the wedding.

"If" they did the hotel can remove them from the premises,

Such an action would do more harm to them then the OP in fairness, they'd be complete idiots to do such a thing

Mad Bull

smcgiff wrote: »

Or turning up on your wedding day. I'd offer them €200 on receipt of a €250 invoice.

You'd be a fool then.
Don't offer a penny.

donegal.

How much are you paying for the new band ?

(and i recon €250 is plenty to pay for canceling )

Mad Bull

Im stunned that this thread has gotten so many replies.

This shouldn't be an issue.

Bands take deposits , so they get to keep it if you cancel the booking.

Booking cancelled= 50 euro gone. ( The bands fault for taking such a small deposit)

This should not even be an issue.

If they ring again, tell them to take a long run off a short pier.

Dublinstiofán

Evil_Bilbo wrote: »

DublinStiofan,

seriously man - cop on to yourself!

"do the right thing"??? Let them play? Are you mental? They are not really my favourite people at the moment as well you can imagine - actually the last people I would like at my wedding right now - imagine having them play? How could you enjoy their music knowing they are just there because they threatened to pursue you legally if you didnt let them play.

Also - It would mean cancelling the new band, starting this whole thing off again with them

Wise up.

And i'm sure your not their favourite at the moment either.

You put yourself in this position, i didn't put you in it so don't blame me. But the only way your going to
get yourself out of the mess you got yourself into, without penalty is if the original band play the gig you
contracted them to play, weather you like it or not! Its a fact, you don't like it or want it but unfortunately
for you your going to end up paying for your mistake otherwise, and €50 wont get you out of it which is
what you are upset about.

Evil_Bilbo wrote: »

In January I went to see an awesome band, befriended the guys in the band - they agreed to play my wedding

Also - It would mean cancelling the new band, starting this whole thing off again with them

And am i really the mental one? You want to change your wedding band at a months notice to let some 'new friend' play it
at the drop of a hat. Maybe you should have though about the consequences of cancelling your original band before you
double booked them for an occasion you already have a band contracted for!

Evil_Bilbo wrote: »

Wise up.

Please :rolleyes: I'm not in your predicament so, i hope the original band get justice!

Howjoe1

What if your wife saw a nicer dress a few weeks before the wedding and cancelled the order?

What if you saw a better hotel offering a better last minute deal, would you cancel the booking?

Probably not if you stood to lose a significant deposit.

What happened here? you secured the initial band for a token/goodwill deposit, which I'm sure you were grateful about at the time. Now you want to dump them and leave them with a wedding date booking that they are unlikely to be able to replace at this short notice. Sounds a bit mean spirited to me, but then given the terms you can go ahead and do what you want. You might have felt a bit peeved if someone cancelled on you at the last minute.

the_syco

Evil_Bilbo wrote: »

I've just received another email from the band leader in the same vaguely threatening tone - basically saying I have to make an offer of compensation by tonight "or else he will pass on my contact details to the band members who will pursue me individually"

Although I think your handling of this sucks, and that you should pay them some compensation, I suppose that line shows their mentality. Also may explain the lack of a decent deposit.

Any emails you get that are threatening, let the Gardai know about them, and let the band member know that you have let the Gardai know about their threatening letters.

Dublinstiofán

Sam Kade wrote: »

Sounds like they know they haven't a leg to stand on by going to court so they are they are going to try and extort some money out of you without taking that route. Tell them you paid the deposit and that's the end of it.

To me it sounds like they know exactly where they stand going to court and are hoping he doesn't
pay them by tonight as they have requested.

They can then pursue him for loss of earnings and compensation and it almost certainly will end up
costing much more than the original €2000 in the end. If he loses (which i suspect from a previous
case i've seen) he may be out of pocket by up to €5000 when legal fees from both sides and
compensation is taken into account.

If it was me i'd rather call them today and iron out a figure around the €500 to €1000 mark and
admit my mistake and make sure it never happens again. Rather than getting caught up in the
legal system and have it go on for years.

Only other option is to let them play it as contracted, pay them what their due
and thats it, whether you like it or not.

DesperateDan

Dublinstiofán wrote: »

which i suspect from a previous
case i've seen

Care to enlighten us with the details of that one? Because I highly doubt it's the same scenario. This is a rather specific case and the band have no recourse whatsoever.

Toobz

Evil_Bilbo wrote: »

For those of you who say that I should have cancelled with the first band before booking the second band - I totally see where you are coming from - hind-sight is a great thing, but to be honest, at the time, I was more thinking about "what if I cancel the first band, and then the second band cannot play"?

I checked and double checked all communications and terms and conditions (of which there were none) to make sure this crap wouldnt happen if I did cancel, and AFTER that I began negotiations with the new guys in relation to cost / set lists etc. Once they were 100% confirmed (they live in london, but are doing an irish tour the week before the wedding), THEN I cancelled the first band - 4 weeks later they decide to unleash this crap. I didnt just do this on a whim - I pored over every detail of it for ages before making my final decision.

Also - when I said they are ridiculously highly paid - I meant this compared to a regular band. Playing in pubs / clubs will give a purse of 500 MAX for night - just because its a wedding, the price is quadrupled. Anyway - that's totally off topic.

I know i'm a bit late to this but that line has to be the most ignorant from the OP.

This is you being very greedy, having your cake and eating it too.

I play in a band and although 2000 is extortionate who's to say these guys aren't a 7 piece band with brass backing etc. Between the van, lights, P.A. instruments, skins, strings, lessons. There is tons of overheads. We don't work 2 hours. From the moment we travel to wherever we are technically working. I've travelled 6 hours there and 6 hours back, waited while people had there dinner then rushed in to set up, sound checked, play, take down gear and go home.

The people replying saying not to pay the band haven't really looked at OP's posts. Do they work in a profession where they can be hired and dropped and left unpaid? The OP can't even take a share of the blame when other posters tell them they're wrong.

I hope a band member gets word of this thread.

slimjimmc

the_syco wrote: »

Although I think your handling of this sucks, and that you should pay them some compensation, I suppose that line shows their mentality. Also may explain the lack of a decent deposit.

Any emails you get that are threatening, let the Gardai know about them, and let the band member know that you have let the Gardai know about their threatening letters.

Cops will laugh at the email, there's nothing in that which indicates any threat to the person (illegal), it could equally be construed as a threat to pursue the OP through the courts (not illegal). However, if they threaten you personally then by all means report them

sadie06

The band have messed up by failing to set out terms and conditions and taking such a small deposit, but I strongly feel you are morally obliged to compensate them. It looks like you have decided to do so....great.

Of course it matters whether the deposit was placed a year ago, or three months ago. Why? Because as others have said, the working week is limited for wedding bands, and the longer they have had your booking in place, the more times they have refused that date to others. Can you not understand how galling that would be?

You stress that you have made a lot of sacrifices over the last 18 months, and I get that. You don't own financial hardship though. You know nothing about what's going on in the member of this band's lives, or how much any or all of them may have been relying on your booking. I'm a musician, and I can tell you this much; I don't know many wealthy musicians!

Also, you clearly have no idea what it is you are actually paying for. Maybe this will help: