A woman has failed to get her full deposit returned after firing a covers band who said they probably wouldn't play ABBA songs at her 70th birthday.
The woman took the band to the Disputes Tribunal in a bid to get $250 back - they had returned the other half of the $500 deposit after she cancelled.
She had hired the group in early April - agreeing to pay $3000 for up to two-and-a-half hours of music - and told the Disputes Tribunal she had been assured the music would be “fitting for a gathering of older guests” at her event on August 6. The band had been recommended by the venue.
Ahead of the party she emailed the group with a request they play ABBA songs as many guests were big fans.
The band were reluctant, saying it was "challenging" for an all-male group to play their songs, but they would do what they could.
The woman later asked to create her own playlist, which the band said to send to them but warned it could be difficult to play and rehearse new songs.
However, they would do what they could to meet her needs.
Two days later the woman cancelled as “she was not going to get the music of her choice”.
The band returned half her $500 deposit. She wanted it all back however, and took a case to the Disputes Tribunal.
It was found her contract said the deposit was "non-refundable", and referee Paulette Goddard found she had received and accepted the terms and conditions.
There was nothing in the contract that said she could pick the songs, but there was an implied term that she could have been given a reasonable opportunity to have her preferences considered. The amount of money she was paying should also have been a consideration
“She was paying $3000 for 2 to 2.5 hours of entertainment which is a significant investment for which it would be fair and reasonable to have some input,” the decision said.
“However, she did not raise the issue of her preferences until four weeks and again approximately eight weeks after the contract had been formed.”
Goddard dismissed the claim, saying the band took the woman's requests into consideration.
“I am satisfied that it was [their] intention to play music which was in keeping with [the woman’s] wishes.
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