Q. I work for a Public Benefit Organisation (PBO), and was able to book a free venue for an educational event we were hosting. However, the venue failed to secure our booking correctly and double booked us. The result was we had to cancel our event three days before it was due to take place, which lost us both clients and money. Can I lodge a claim against this venue, to demand payment for the financial damage caused?
A. We all know hindsight is a perfect science and we all work on trust. However sadly sometimes that trust is misplaced – as happened in this case.
Do you have a signed Terms & Conditions (T&Cs)? If yes, begin by reading them carefully to see if there are guidelines for how a disagreement should be handled. If there are such guidelines, try to enforce them. Don’t proceed with your own arrangements until you have done this. Even if the other party submit their T&Cs, try and get yours on the table as well.
If this does not work, or you do not have a signed T&Cs, you can always lodge a claim. However, keep in mind that litigation is expensive and best avoided. Before you litigate, get professional advice on the evidence you have and that you require, as well as your chances of success.
Going forwards, I would caution you to always ensure the person you are dealing with is authorised, and to obtain a booking confirmation in writing on the entity’s letterhead and signed by the duly authorised person.
DISCLAIMER: Each case depends on its own facts & merits. The above does not constitute advice. Independent advice should be obtained in all instances.
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Send your questions for Advocate Louis Nel to pippa@indpendentwriting.co.za. We will respond to all your questions even if it takes time and additional research, so please be patient. However we will give preference to the most pressing and commonly asked ones.
