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Mobile Disco Double Booking
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I run a successful mobile disco, and get my bookings via a couple of agencies.
When I apply for a booking, I do that by text, and when it is confirmed, I exchange e-mails with the client confirming the date, fee, location, times and invite the client to send a play list, and contact me with any queries by mail or phone, quoting both mail and mobile number.
I was booked for last night, my last contact with the client was by mail in early October confirming my attendance as agreed.
I sent a text to confirm I was en route, but signed it 'Andy the DJ', and not as I usually do,
'Andy's Vintage Disco'
When I arrived, there was another mobile disco set up in place.
I phoned my client who advised me that she had been trying to contact me for weeks to confirm, and her son had also tried to contact me, and that I had not replied to mobile messages or e-mails. She said she advised if she did not hear, she would book elsewhere - and was clearly as good as her word.
I advised that I had received no calls or e-mails from her, and I had texted my departure, to which she replied, she assumed that was from the 'new' DJ she had booked.
I asked which number she had been calling, and she quoted my mobile, with one digit incorrect, which explains the lack of response.
She got very distressed, advising that she was seventy-two - booking the disco for her daughter, and it had been a very fraught experience for her, and she began to get upset, so I left it there.
I am thinking - since she obviously had my correct mobile number, and my e-mail, since we exchanged messages via both media - did she simply get a cheaper quote, which does happen, although never to me before.
Then I think she could have simply rung and said the party was off, I would be none the wiser, so why risk me turning up, which I did, and possibly causing a scene, which I did not, would anyone go to that trouble when they could simply cancel?
But my actual question is - since we have an agreed contract, and I lost the money for the gig, together with the four other potential gigs I turned down on the basis that I was booked, and I took my gear there and back for nothing - should I pursue my fee, or part of it, or simply put it down to experience, and maintain closer contact with clients in future, the lesson learned.
Any input as to how I stand legally - or how anyone thinks I should I proceed, if at all, would be appreciated.
When I apply for a booking, I do that by text, and when it is confirmed, I exchange e-mails with the client confirming the date, fee, location, times and invite the client to send a play list, and contact me with any queries by mail or phone, quoting both mail and mobile number.
I was booked for last night, my last contact with the client was by mail in early October confirming my attendance as agreed.
I sent a text to confirm I was en route, but signed it 'Andy the DJ', and not as I usually do,
'Andy's Vintage Disco'
When I arrived, there was another mobile disco set up in place.
I phoned my client who advised me that she had been trying to contact me for weeks to confirm, and her son had also tried to contact me, and that I had not replied to mobile messages or e-mails. She said she advised if she did not hear, she would book elsewhere - and was clearly as good as her word.
I advised that I had received no calls or e-mails from her, and I had texted my departure, to which she replied, she assumed that was from the 'new' DJ she had booked.
I asked which number she had been calling, and she quoted my mobile, with one digit incorrect, which explains the lack of response.
She got very distressed, advising that she was seventy-two - booking the disco for her daughter, and it had been a very fraught experience for her, and she began to get upset, so I left it there.
I am thinking - since she obviously had my correct mobile number, and my e-mail, since we exchanged messages via both media - did she simply get a cheaper quote, which does happen, although never to me before.
Then I think she could have simply rung and said the party was off, I would be none the wiser, so why risk me turning up, which I did, and possibly causing a scene, which I did not, would anyone go to that trouble when they could simply cancel?
But my actual question is - since we have an agreed contract, and I lost the money for the gig, together with the four other potential gigs I turned down on the basis that I was booked, and I took my gear there and back for nothing - should I pursue my fee, or part of it, or simply put it down to experience, and maintain closer contact with clients in future, the lesson learned.
Any input as to how I stand legally - or how anyone thinks I should I proceed, if at all, would be appreciated.
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Thank you - and yes, I probably am!
I don't think the time and trouble it would take to chase down any or all of the fee is really going to be worth it.
My gut instinct is a lady who is not tech savvy and genuinely got confused about contacting me.
The room for the function was awful, and the disco she has hired looked really cheap and nasty - maybe she is regretting her decision today!!
I don't think the time and trouble it would take to chase down any or all of the fee is really going to be worth it.
My gut instinct is a lady who is not tech savvy and genuinely got confused about contacting me.
The room for the function was awful, and the disco she has hired looked really cheap and nasty - maybe she is regretting her decision today!!
O_G - // Maybe wise, in future, to confirm you're arriving on the agreed date: that way if they mess up contact with you, you have double checked by correctly contacting them. //
Indeed - as I advised in my OP, I did text my departure to the venue, around 16:30 in the afternoon, but I didn't sign my business name, so that's another lesson learned.
Indeed - as I advised in my OP, I did text my departure to the venue, around 16:30 in the afternoon, but I didn't sign my business name, so that's another lesson learned.
As a mobile DJ myself, I can understand your frustration.
My advice would be to contact her again, explaining the situation and that you are out of pocket due to no fault on your behalf, ask for a cancelation fee, say half of the original fee.
Why should you be out of pocket due to someone elses mistake?
If she fails to respond or fails to pay, then send another message saying that you will take her to the Small Claims Court to recover the whole fee, plus court costs etc.
The small claims is easy and you recover any fees, costs etc from the client.
Over 40 years I have had to do this about 4 times due to similar circumstances, each time the clients settled before it got to court.
Good luck.
My advice would be to contact her again, explaining the situation and that you are out of pocket due to no fault on your behalf, ask for a cancelation fee, say half of the original fee.
Why should you be out of pocket due to someone elses mistake?
If she fails to respond or fails to pay, then send another message saying that you will take her to the Small Claims Court to recover the whole fee, plus court costs etc.
The small claims is easy and you recover any fees, costs etc from the client.
Over 40 years I have had to do this about 4 times due to similar circumstances, each time the clients settled before it got to court.
Good luck.
I would ask for reasonable expenses
and basically leave it at that
and rein back any compulsion to observe that you have taken care to make sure your letter arrived t the right destination
I would start taking a deposit and ( do you have any contract, surely you do_)put in a cancellation clause
CCJ is an awful hassle to carry out - you will plead the contract and she may defend on reasonable efforts to contact you. it is very time consuming and not very productive
and basically leave it at that
and rein back any compulsion to observe that you have taken care to make sure your letter arrived t the right destination
I would start taking a deposit and ( do you have any contract, surely you do_)put in a cancellation clause
CCJ is an awful hassle to carry out - you will plead the contract and she may defend on reasonable efforts to contact you. it is very time consuming and not very productive
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