Overseas customer cancelled, recovering money owed?

Hello, I have an overseas customer who has cancelled a booking with me after signing a contract which states full payment will be due if they cancel at late notice (my contract goes into detail on this)

I have sent them an invoice for payment, minus the cost of goods I haven't yet supplied.

In the UK I know this is legally binding and if they fail to pay I can use the small claims court. The customer (an individual) is in Switzerland. They made a booking, signed my contract and paid a retainer. The full balance was due a week ago, this morning they sent a short sharp email saying they had cancelled and asking for the retainer back as well.

I have turned other people away for this date, and am now out of pocket if they don't pay.

This is what my contract says about payment and cancellations

Prices & payments
b) A non refundable booking retainer of £350 is required to secure the date. The balance is due in full no later than two weeks prior to the wedding date.
c) Dishonoured cheques will be charged at £30. Any costs associated with the recovery of any outstanding debts will be added to the account.
d) No services will take place until the payment is received in full. Should payment of the balance not be received by the specified date the photographer reserves the right to cancel the booking and levy the appropriate cancellation charges.
e) Cancellations must be made in writing and signed by the person who signed this contract. If cancellations are made within 12 weeks of the wedding the full amount owed under the contract will be due. Cancellations outside of 12 weeks of the wedding will result in the loss of the booking fee. If the cancellations turns out to be a postponement a new contract and
booking fee will be required for the new date.


What also concerns me is they paid the retainer by AMEX and might attempt a charge back, does anyone have any experience of charge backs with AMEX?
 
Sorry but no experience with AMEX / credit cards, but you have a binding contract in force and the T&C's are clear, the customer forfeits the booking fee and is liable for the balance.

I do not specialise in international litigation, but my understanding is that since Switzerland is a member EFTA and have signed up to the Lugano Convention on jurisdiction and enforcement on judgements, you are able to bring proceeings and enforce the judgement against your customer. My understanding on the Convention is that if performance was in Switzerland, you can issue the claim in that country.

Hopefully another lawyer who has experience on such cross-border contracts will post more details, but in summary, you have a good cause of action and are able to pursue the claim against your customer in Switzerland.

Regarding AMEX, I would not have thought that they would refund the customer without your permission, as payment has not been made by mistake or fraudulently, but is a commercial dispute between 2 contracting parties who happen to have made a transaction via AMEX. Be interesting to see who actually has experience of this though.
 
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But only if it is an expressed term in the contract (which I think is what you mean). And then the OP still has enforcement as a separate issue.

yes - sorry, badly explained!

i.e. do you have a clause in your T&Cs which they sign stating that it will be based in the UK courts...

enforcement will still be an issue, and the courts may be an issue because I believe that small claims requires person / business being sued to be based in the UK, so would have to be a more serious approach...

it may be a case of writing it off, but may be worth a try...

a deposit needs to be sufficient to cope with this situation based on no expectation of any further monies...

Alasdair
 
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