Function advice needed

[threnodyangelfire]

Hi All

I'm organising a big function for saturday, and I'm having some issues with the caterers. I'd like to lay it out for you and let me know if I'm being unreasonable.

I initially booked this in July, at a cost of $35/head - which bought it to $1995 plus tax. I agreed to the terms and conditions and they asked for an upfront payment of $1250 which I balked at and came to a payment agreement with them of $400/month. To date $1600 has been paid, with the balance outstanding of $395 plus gst.

The caterering agreement is for a "Gourmet bbq" which includes 3 hours bbq service.

After no contact for four months, when I emailed the woman taking care of it last week to settle up, she informed me that there was now a staff charge for 2 wait staff at $650.

Being on a tight budget (which is why we chose the $35/head option) I contacted her quite alarmed, and she apologised and told me she forgot it was a bbq service. I took this to mean that the staff wouldn't be needed and we laughed about it and all was good.

I get the final bill in my inbox tonight and it has not only the wait staff still on it BUT an addition $440 for a BBQ hire! I inquired and was told via email that she had gone through this with me and confirmed it via email - neither of which actually occurred.

None of the additional costs have been ever mentioned prior to last Monday. This brings the original quote from $35/head to around $50/head, which would have made my choice possibly different had I have had this information at the outset.

I am four days out of this function and I do not know what to do. I don't know whether I am being unreasonable in refusing to pay the extra or not, even though I actually do not have the budget in the function

Any advice appreciated. I think I'm developing an ulcer over this!

[Leaffan]

You don't have a signed contract from July?

[threnodyangelfire]

You don't have a signed contract from July?

Yeah I do - which states the $ amount per head and details no additional charges.

I've been awake all night tossing and turning over this :(

[Giles]

This sounds like a legal question, which would require someone familiar with Australian and New South Wales contract law (given threnodyangelfire's location). If I were in that situation, I'd be talking with a lawyer on what options are open.

[Contrapuntal]

You are not being unreasonable.

[Leaffan]

I wouldn't think of a lawyer. I'd be approaching the caterer with the contract in hand and, being very polite I would mention that none of the additional charges were agreed to originally, nor were they agreed to by email.

If polite discussion doesn't resolve it I would probably start suggesting that the courts could get involved.

Couldn't you get your own BBQ, or borrow a BBQ for the occasion? Surely BBQs are as plentiful there as here?

[Zsofia]

If you can you should go and speak to them in person, contract in hand, and express in no uncertain terms how displeased you are.

[gigi]

Couldn't you get your own BBQ, or borrow a BBQ for the occasion? Surely BBQs are as plentiful there as here?
For 57 people, it's nicer to have a larger grill and all the fixings and materials brought in ("gourmet BBQ"). I'm assuming even without waitstaff it still means someone is there manning the grill?

IMHO, if you have a completed contract you have been paying in installments, certainly you are being reasonable in expecting it to still hold.

[threnodyangelfire]

Ok well I called the bar owner and he was livid - if people don't want to have functions at his pub because of the caterers, he loses income too.

He mediated and we sorted it out - I agreed to pay another $500 and they agreed to come down $1300.

Yay