Can He Sue Us?

[JammyWotsit]

Hi There,
We are a small business that arranges events. A customer booked on to an event for 2 people using our online booking system. Unfortunately we arranged the event as requested at our end, but for a week later by mistake (Human typo error).
The customer made his way to the event and found that unfortunately it had not been prepared as requested.
He is now demanding that we refund for all of his travelling expenses (said that he drove over 5 hours each way), hotel accommodation for him and his friends, all in excess of 5 times the amount that he paid for his original event.
I completely accept that we messed up, but can be actually sue us for these payments?
Any help at all would be much much appreciated!
The Worried one. x

[Buenchico]

Any person who suffers a loss through your negligence can demand compensation for such loss and pursue the matter via the County Court if necessary. (It would be for the court to decide what expenses could be justified but they could certainly include the costs of wasted travel, etc).

If Barmaid (who is a barrister in the civil courts) posts here her advice should definitely take precedence over mine but my own advice would be for you to make a written offer of compensation (containing the words "without prejudice"), for an amount lower than that which is being claimed, and hope that (in order to to get a quick settlement) your customer accepts it.

Chris

[JammyWotsit]

Thanks Squillions! I completely agree that he is due compensation, it is the amount that concerns me ;-)

[boxtops]

I would hope that this is what your public liability insurance is for, to cover you in the event of your negligence...... put the claim to your insurers, it's up to them to negotiate the amount of the settlement with your customer.

[tonywiltshire]

Yes he can ask for damages if your negligence or carelessness amounting to the culpable breach of a duty has caused him loss or harm but no damage to his reputation has been caused, particularly if you have special skills. If this has been accepted my suggestion would be that you calculate in a generous way his loss and make an offer to him of this amount (do not try to be mean as this may rebound). If this is refused and progresses to Court the Court will be less than impressed if a reasonable offer has been made and refused.

[EDDIE51]

As I see it what he is claiming seems reasonable , he and his friends have had a wasted journey and needed to stay overnight as a same day return was not reasonable. I assume the people would have stayed in a Hotel anyway but the event they came for did not happen due to your mistake. I think he would win if it went to court and get a payment for distress as well as expenses.
Pay up and bear it !