A client says that they cancelled their appointment due to an emergency. What is your guidance?

There are situations where imposition of a cancellation fee may not be considered fair or reasonable. Businesses must comply with national unfair contract terms laws.

These laws protect consumers against contract terms that are unfair, for example:

  • because they make you liable for something that is outside your control;
  • charge your credit card without giving you notice or an opportunity to dispute the charge; or
  • make attempts to charge you the full cost of your appointment, irrespective of your reason for late cancellation

If there is a crisis (such as flood or bush fire) or other circumstances beyong your control which prevent you from cancelling your appointment with sufficient notice, this is known as 'frustration of the contract' since the contract con no longer be performed.

Think Local, however, will request evidence to support the 'frustration of the contract'.

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