wandringstar Posted April 9, 2017 Report Share Posted April 9, 2017 (edited) a verbal contract can be legally binding. Edited April 9, 2017 by wandringstar Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted April 9, 2017 Report Share Posted April 9, 2017 Would depend on the place but 100% is a big high as they would be making a profit on that.... Also depends if they ordered extra in just for that group... Would look to compensate but not make a profit Quote Link to comment Share on other sites More sharing options...
Dougy Posted April 9, 2017 Report Share Posted April 9, 2017 Next time you plan a night out with friends stick to the local fish and chip shop. It seems obvious that your friends couldn't afford the prices. Lol Quote Link to comment Share on other sites More sharing options...
Jaymo Posted April 9, 2017 Report Share Posted April 9, 2017 Would depend on the place but 100% is a big high as they would be making a profit on that.... Also depends if they ordered extra in just for that group... Would look to compensate but not make a profit So, let's say it happens 7 nights in a week and the venue is fairly small so this booking was their only booking each night. Then each night the group cancels- where is the profit? All well and good saying pay enough to cover their costs,but it's not a charity soup kitchen. It seems that people expect everything for nothing, try running a business on thin air! Quote Link to comment Share on other sites More sharing options...
wandringstar Posted April 9, 2017 Report Share Posted April 9, 2017 quite a popular thread. I hate the thought of messing someones business about, on the other hand I have been messed about by restaurants and other businesses with zero regard for me. Quote Link to comment Share on other sites More sharing options...
Jaymo Posted April 9, 2017 Report Share Posted April 9, 2017 quite a popular thread. I hate the thought of messing someones business about, on the other hand I have been messed about by restaurants and other businesses with zero regard for me. Yes, but have you been messed around by this particular one! There are of course some fine dining establishments as are there some truely atrocious ones who take the mickey- only this afternoon whilst dining out in Florence we were hit with a 'tax' just for dining outside- the fact of the matter was there isn't even any interior space. When one of the girls queried this charge she was met with the excuse it's a city tax. Well first time we have heard of this as I'm here once a month and never charged before. So, in this instance I wouldn't return but that's not to say the next place is as bad Quote Link to comment Share on other sites More sharing options...
wandringstar Posted April 9, 2017 Report Share Posted April 9, 2017 Yes, but have you been messed around by this particular one! There are of course some fine dining establishments as are there some truely atrocious ones who take the mickey- only this afternoon whilst dining out in Florence we were hit with a 'tax' just for dining outside- the fact of the matter was there isn't even any interior space. When one of the girls queried this charge she was met with the excuse it's a city tax. Well first time we have heard of this as I'm here once a month and never charged before. So, in this instance I wouldn't return but that's not to say the next place is as bad very true. never had a problem in mcdonalds though. Quote Link to comment Share on other sites More sharing options...
Flashman Posted April 9, 2017 Report Share Posted April 9, 2017 (edited) a verbal contract can be legally binding. But we live in the real world, with burdens of proof. Also, my previous comment was, "what were the agreed terms of the contract?" Edited April 9, 2017 by Flashman Quote Link to comment Share on other sites More sharing options...
wandringstar Posted April 9, 2017 Report Share Posted April 9, 2017 what you mean, ring up and book a meal and wait for a contract in the post, to agree on, sign and send back. No, the world works on whats reasonable or not, like your mobile phone contract with its fair usage policy. If the restaurant went to a small claims court, they would win. Would you fill your car up, drive off, and say you haven't got any money this week, but maybe next week. Quote Link to comment Share on other sites More sharing options...
HDAV Posted April 9, 2017 Report Share Posted April 9, 2017 If the restaurant went to a small claims court, they would win.Would you fill your car up, drive off, and say you haven't got any money this week, but maybe next week. What would they win? "Hello is that Tesco, do you have any petroleum for sale? Oh you do excellent I'll come and buy 100l on Friday" Dear mr you failed to come and buy any petroleum so we are suing you for the petroleum you didn't have? Yeah whatever, if the person who booked wasn't informed at the time of booking the cancellation policy then that's unfair contract terms and they wouldn't get a bean! Quote Link to comment Share on other sites More sharing options...
wandringstar Posted April 9, 2017 Report Share Posted April 9, 2017 you don't book petrol, its not the way that industry works. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 9, 2017 Report Share Posted April 9, 2017 you don't book petrol, its not the way that industry works. I think his point is that the example you used would equate to the OP and his friends going to the restaurant and eating their meals, then ********* off without paying the bill Quote Link to comment Share on other sites More sharing options...
HDAV Posted April 10, 2017 Report Share Posted April 10, 2017 I think his point is that the example you used would equate to the OP and his friends going to the restaurant and eating their meals, then ********* off without paying the bill Quite! Why don't we book petrol? Or milk? Or anything else? If a venue requires a payment to hold a booking (all very reasonable) the. It should be charged at the time of booking. If they accept a booking without taking a deposit that's their own fault, at least the OP called to cancel many would just not turn up! Quote Link to comment Share on other sites More sharing options...
Mice! Posted April 10, 2017 Report Share Posted April 10, 2017 Have to agree with the above comment we went out couple of weeks ago about twenty of us the restaurant wanted a £10 deposit per person non refundable I thought this was strange but lads at work all said it was common these days for booking large group. Quote Link to comment Share on other sites More sharing options...
flynny Posted April 10, 2017 Report Share Posted April 10, 2017 I agree and I am not trying to wriggle out of it. No terms were agreed and all booking was done verbally. On the website it states 25% is taken from a card used for reservation which none ever was. Don't worry bout it then mate, Just don't use your name if you want to go there in the future lol lol A lesson learnt about booking for other people, Flynny Quote Link to comment Share on other sites More sharing options...
Vince Green Posted April 10, 2017 Report Share Posted April 10, 2017 (edited) Years ago a distant relative was invited to a big birthday function at a place called the Bel Air in Northwood, very posh. Nothing was said about payment before the evening so they assumed it was on the host. At the end of the evening, by which time most of the guests had left and the host was paralytic, a bill appeared and the suggestion was made that the remaining guests split it. Big, big argument, police called and all sorts. The drinks bill was huge, people had been knocking it back all night. You have to set out the ground rules in advance Edited April 10, 2017 by Vince Green Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 10, 2017 Report Share Posted April 10, 2017 Years ago a distant relative was invited to a big birthday function at a place called the Bel Air in Northwood, very posh. Nothing was said about payment before the evening so they assumed it was on the host. At the end of the evening, by which time most of the guests had left and the host was paralytic, a bill appeared and the suggestion was made that the remaining guests split it. Big, big argument, police called and all sorts. The drinks bill was huge, people had been knocking it back all night. You have to set out the ground rules in advance Dangerous to make assumptions lol! Did they have to cough up? Quote Link to comment Share on other sites More sharing options...
Vince Green Posted April 10, 2017 Report Share Posted April 10, 2017 Dangerous to make assumptions lol! Did they have to cough up? No they didn't, they told the restaurant what they had eaten and paid for that, then the police let them leave. The people who booked it were real Walter Mitties, they booked a flash venue with 100 or so guests for a birthday party and it turned out they didn't have a pot to pee in. All their relatives and people who knew what they were like took the precaution of leaving before the end. Rather indicative really because the relatives had been knocking back the booze like they were on a mission then all jumped up and left together. We never did hear the final outcome but I suspect the restaurant lost out in a big way. Quote Link to comment Share on other sites More sharing options...
Lloyd90 Posted April 11, 2017 Report Share Posted April 11, 2017 No they didn't, they told the restaurant what they had eaten and paid for that, then the police let them leave. The people who booked it were real Walter Mitties, they booked a flash venue with 100 or so guests for a birthday party and it turned out they didn't have a pot to pee in. All their relatives and people who knew what they were like took the precaution of leaving before the end. Rather indicative really because the relatives had been knocking back the booze like they were on a mission then all jumped up and left together. We never did hear the final outcome but I suspect the restaurant lost out in a big way. Scum pure and simple. The people who knew about it but still smashed the booze and ran are just as bad. Quote Link to comment Share on other sites More sharing options...
Mungler Posted April 11, 2017 Report Share Posted April 11, 2017 Back on subject, it sounds too vague to me. I'd be surprised if there was a contract (offer, acceptance and consideration are required). If there was a contract then it's about the measure of 'loss' and the restaurant would be obliged to 'mitigate' any loss e.g. Freeze any food bought for use another day, tell any extra staff hired not to come in, make the table available for others to use etc When looking at it logically the measure of loss is not and cannot be full price - that's over egging the pudding so to speak. I reckon 25% is about right and realistically that is what they should have taken off a card at the time of booking. Quote Link to comment Share on other sites More sharing options...
rimfire4969 Posted April 11, 2017 Report Share Posted April 11, 2017 A few places I book now want a card over the phone or online to stop the no shows from happening, looking at some of the cancellation policies mostly 25% set menu price, one well known place £20.00 per head. Quote Link to comment Share on other sites More sharing options...
Vince Green Posted April 11, 2017 Report Share Posted April 11, 2017 Its not just restaurants, my son is getting married next year and most of the bookings, church, venue, car, photographer etc has been money up front. Quote Link to comment Share on other sites More sharing options...
iano Posted April 11, 2017 Report Share Posted April 11, 2017 Back on subject, it sounds too vague to me. I'd be surprised if there was a contract (offer, acceptance and consideration are required). If there was a contract then it's about the measure of 'loss' and the restaurant would be obliged to 'mitigate' any loss e.g. Freeze any food bought for use another day, tell any extra staff hired not to come in, make the table available for others to use etc When looking at it logically the measure of loss is not and cannot be full price - that's over egging the pudding so to speak. I reckon 25% is about right and realistically that is what they should have taken off a card at the time of booking. Offer, acceptance, and consideration were present, as far as I can see. IANAL however. It would be an interesting case, the court would probably read in a right to cancel based on the risk of damages; If the restaurant could demonstrate that it was common place that cancellations made that quickly were normally charged, and that that they have resulted in a loss, the implied cancellation policy would cover that. If the cancellation was made a month in advance and the venue tried to hit them for a fee, the courts would have them out on their ear. Quote Link to comment Share on other sites More sharing options...
leeds chimp Posted April 11, 2017 Report Share Posted April 11, 2017 Back on subject, it sounds too vague to me. I'd be surprised if there was a contract (offer, acceptance and consideration are required). If there was a contract then it's about the measure of 'loss' and the restaurant would be obliged to 'mitigate' any loss e.g. Freeze any food bought for use another day, tell any extra staff hired not to come in, make the table available for others to use etc When looking at it logically the measure of loss is not and cannot be full price - that's over egging the pudding so to speak. I reckon 25% is about right and realistically that is what they should have taken off a card at the time of booking. Nail on head.... So, let's say it happens 7 nights in a week and the venue is fairly small so this booking was their only booking each night. Then each night the group cancels- where is the profit? All well and good saying pay enough to cover their costs,but it's not a charity soup kitchen. It seems that people expect everything for nothing, try running a business on thin air! Or try running the business better... Large group then take a deposit Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.