Does 14 day cooling off period apply to bands?

emzippy

Hi All,

Would really appreciate some advice on this.

We contacted some bands a few weeks ago to book someone for our wedding next year - in approx. 14 months time.

A band got in touch with us and we agreed to book them. We met one of the band last week and we paid a deposit. I had asked for a contract in writing but they told us they didn't have a contract. I received a receipt for the deposit.

We now want to cancel the band we booked (as we want to book someone else) and have advised them of this. The first band have told us that they will only return our deposit once they have rebooked the date. They told us that the deposit is usually non-refundable however this was never stated on their website, in writing or verbally.

From a consumer rights point of view, does the 14 day cooling off period apply here? Or do we have any rights? Or is it a case of hope for the best that they resell the date and chalk it up to experience?

I feel that we've given them ample notice to get a refund but I don't know what our rights are.

Thanks in advance.

amcalester

What did you think the deposit was for?

PopTarts

Some info here (maybe)

https://amp.independent.ie/business/personal-finance/recovering-deposit-after-cancelling-contract-36784631.html

duffman13

What band was it, most of the ones I contact offered a deposit return if you cancelled with a certain period (9-12 months)

emzippy

duffman13 wrote: »

What band was it, most of the ones I contact offered a deposit return if you cancelled with a certain period (9-12 months)

I don't want to name them as I don't want to be unfair to them online. They definitely don't have their terms and conditions on their website though. When we were looking for bands some websites stated that deposits could be refunded within a specific time frame. This was partly my reason for asking the band for a contract. Maybe I should have pushed to receive a contract.

I don't want to be unfair to the band as I know it's an inconvenience for them but we have given them a lot of notice of cancellation.

That's why I'm wondering whether booking a band falls under the 14 day cooling off period legislation. I really want to do what's fair.

Thanks for your response.

drunkmonkey

Have you went and seen any of these bands at a wedding before you go book another one. Don't go on recommendations go check them out yourself before deciding.

davo10

Wouldn't this come under change of mind? When you handed over the money a contract was formed, it can be verbal and does not have to be written, you agreed to pay the balance, they agreed to play at your wedding.

I'm pretty sure the cooling off period applies to online purchases, you mention that you met a band member and handed over the money so it's not distance selling.

I think it's fair that they will give you the money back if they get another booking for that date.

NinetyTwoTeam

i think they're being fair enough offering to refund the deposit once they fill the date. of course if they say they haven't got it booked you have no way of really knowing.

but obviously they take deposits to stop people booking dates and then cancelling.

i wouldn't think there is any legal recourse or cooling of period, you'll probably just have to wait it out. if they don't contact you to arrange a refund then you could always just stick with them, they mustn't be that bad if you wanted to book them and gave a deposit so far in advance.

and tbh having worked in many weddings, there's not much difference from one version of Sweet Caroline to the next. I couldn't tell you the name of a single band that played at any of the 100+ weddings i waited at, or any of the ones I attended. guests tend to remember the food and the weather and speeches most.

i know you want the day to be exactly what you want but if you just keep the booking you have one less thing to worry about, rather than worrying about the refund, will the other band still be available if and when you get the deposit back or will you have to shell out for another deposit now just to make sure, etc. just something to consider.

Former Former

Cooling off applies to distance selling.

If you saw the band perform (you don't say if you did) and met the guy in person (you did) then I'm not sure you've any grounds