Cancellation Rights and our Cancellation Policy
Cancellations are very rare, in fact in some 8 years of catering we've only ever had our services cancelled once. Both businesses (corporate clients) and consumers (private clients) have no cancellation rights unless they were negotiated and agreed as part of the contract prior to an initial payment being made.
Cancelling where no cancellation rights exist - our policy:
Due to the very nature of catering, once you make a booking you have engaged our services for the agreed period resulting in other potential clients being turned away. We also begin to incur expenses regarding your booking and we may take other bookings linked to your booking. If you need to cancel our first preference would be to agree a Variation to Contract for a requote to supply our services on an alternative date at a new price. This new price would take into account any losses incurred by our company for the cancelled date. If an alternative date is not an option, we are happy to offer a partial refund for expenses not yet incurred. These amount to fuel not used, food not purchased. Items which we would have expected to have spent money on and are now not needed assuming you have provided enough notice so that such expenses have not already taken place. Subject to how much notice to cancel you give, we may also be able to secure an alternative booking for your date, however tendering for alternative bookings will incur further admin charges. Basically the value of any refund that we offer will be at our discretion and as a gesture of goodwill. Please note that depending on the payment schedule agreed with you a balance may still be due to be paid in the event of a cancellation.
We try to keep abreast of changing Consumer Law. Please find to follow some information we have based our current policy on. If you feel we are currently in breach of any policies then do please advise us.
Regulation 28 of the Consumer Contracts Regulations 2013 lists the cases for which consumer cannot cancel a service contract, i.e.:
Contracts for accommodation, transport of goods, vehicle rental services, catering or services related to leisure activities where such services are bought for a specific date.
Consumer Rights Act - these rights apply to Consumers [source www.citizensadvice.org.uk]:
Cancelling a service you’ve arranged
If you want to cancel a service you’ve arranged online, over the phone or by mail-order (eg a photographer for a wedding or a caterer for a party), you get a 14-day cooling-off period during which you can cancel for any reason and get your money back.
You also get this cooling-off period if you were approached by the business somewhere off the business’s premises and it costs £42 or more.
Your cooling-off period begins the day after you enter a contract with the business - verbal or otherwise.
When you don’t get 14 days to cancel
If you went into the business’s shop or premises to arrange the service you won’t get this cooling-off period.
You also won’t get a cooling-off period for:
- accommodation (eg a hotel room or a short-term let)
- transport of goods (including courier services)
- vehicle rental services
- catering or leisure activities for specific dates (eg hotel and restaurant bookings, theatre tickets, catering for a wedding or party)
For these services you’ll have the same cancellation rights as if you were making arrangements for them from the seller’s premises.
Getting your money back
If you paid up front or made a deposit and cancel in the cooling-off period you’ll be entitled to receive all of the money back. The only exception is if you asked for services to be provided during the cooling-off period, in which case the business will keep what’s necessary to cover the cost of services provided up until you cancelled.
If you didn’t give the business any money but they provided services during the cooling-off period at your request, you'll probably be expected to pay them for these unless your contract with them states otherwise.
If you think they’re withholding too much of your deposit or charging you too much you should try negotiating with the business.
Cancelling a service you arranged while on the business’s premises
If you haven’t formed a contract with the business for the services you won’t have to pay anything. If you’ve paid up front for the service or made a deposit you’re entitled to get all of it back.
You may have a contract even if there’s nothing in writing, for example if you’ve accepted a quote, paid the fee or a deposit or verbally told them to go ahead with the service.
If you’ve formed a contract with the business and you cancel, you’re unlikely to get all your money back unless there’s a generous cancellation clause written into your contract.
The business could:
- charge a cancellation fee
- hold some or all of your deposit to compensate for their financial loss (eg where they set aside time to provide the service and can’t book another job for the same period)
- demand money if their loss due to your cancellation isn’t covered by any deposit
Check your contract for terms and conditions on cancellations.
You should try negotiating with the business if:
- a cancellation charge seems unfair
- the business is holding or demanding more money than needed to cover their financial loss
- you paid everything up front (always inadvisable) and they’re keeping more than necessary to cover their loss
Negotiating with the business
You should always try to negotiate with the business if you feel you’re being unfairly charged for a cancellation or they’re keeping too much of your deposit.
Ask if the business is a member of a trade association, as the association may be able to help you in your negotiations.
If your negotiations are unsuccessful you could try an alternative dispute resolution (ADR) scheme - a way of solving disagreements without going to court. Ask the business if they’re a member of one.
If they don’t respond, they’re not a member of an ADR scheme or won’t use ADR, keep a record of the fact that you asked them (and the date). You’ll need this if you end up in court.for a cancellation or they’re keeping too much of your deposit.
E&OE