Hi
Carolynv29, I used this new Aussie
Legal AI tool I've been using and responded with the below. You can ask it any questions I think
"Based on the provided information, it's important to remember that contracts are subject to the principles of contractual law. These principles state that once a contract has been made and is legally binding, all parties are obliged to fulfill the terms.
However, the matter here hinges on interpretation of the defined term 'cancel'. From a lay perspective, you're not cancelling the entire agreement but rather modifying it. Hence, it is essential to look at how the term 'cancel' is defined or used in your contract.
The general principle in contract law is that a party should be put in the position it would have been in had the contract been performed (Robinson v Harman (1848) 1 Exch 850). Therefore, cancellation fees are designed to cover the provider's loss resulting from the cancellation. In this regard, it would be relevant to point out that amendment to the package should not ipso facto trigger the cancellation clause, especially if the provider can still render part of the service without suffering a loss.
Also, you would have to thoroughly review the contract under the Competition and Consumer Act 2010 (Cth), Schedule 2 (“Australian Consumer Law”), particularly with reference to Section 23 which deals with unfair terms in consumer contracts. If the cancellation fee can be deemed as a penalty or if it goes beyond what would reasonably protect the legitimate interests of the venue provider (Paciocco v Australia and New Zealand Banking Group Limited [2016] HCA 28), then it might be rendered void.
However, it's critical to have these discussions with the venue manager or, if situation turns detrimental, consult a legal professional in your jurisdiction for personalized advice. Considering the circumstances, approach the discussion with the venue manager by providing your reasons for the modifications in a polite but assertive manner and seek to negotiate a mutually beneficial solution avoiding undue cancellation fees. Lastly, it would also be helpful to gather evidence demonstrating that the fees being charged is higher than the losses the provider would incur due to the modifications.
For any legal discussions and actions, a legal professional in your jurisdiction should always be consulted for the most personalized and accurate advice."
