Can you request a potential additional payment at own discretion? Let's say you sell a service/activity to a customer for €150. Can you state something like this in your contact? An initial €150 payment must be payed upfront. An additional charge of €850 may apply afterwards at our own discretion. This may be for, but is not limited to, damages or other loses due to your usage of our service. This is similar to my previous question: Can you refuse to pay back deposit at your own discretion? but differs in the fact that this would be an additional payment after the service is complete that is not required to be payed up front. Answers for any jurisdiction would be useful, but preferably Ireland and the European Union
Not as such. As the contract author, you must clearly and specifically identify risks that you want to other party to accept. Your whims i.e. &quot;our own discretion&quot; are not a clearly identified risk. The trivial solution is to state that there are two payments, €150 up front and €850 afterwards. Then, you claim the right to waive (at your sole discretion) part or whole of the second payment. It should be noted that the tax implications of such a contract could be non-obvious. You probably have to claim the whole €1000 as income when the contract is signed, and any waived payment as a discretionary expense. You're unlikely to get a VAT refund on that €850, I suspect. So given that you'd have paid €187 to the Irish government, refunding €850 would be hard.
What §670 BGB basically says is that the default is that companies have to reimburse you for expenses that you incurred for interviewing with them. If they don't want to reimburse you, they have to tell you so in writing before you incur any costs. That way it's your decision if you still want to go if you have to pay for expenses yourself. It does not mean your expenses have to be paid, it means you should know beforehand whether they will be paid. So what I take from your story is that you never actually asked the company for reimbursement, expecting the Agentur für Arbeit to pay that for you. Well, no company is going to pay your expenses if you don't ask for it. And that's not a crime. You also never told the Agentur für Arbeit that you were not informed beforehand that your expenses would not be paid. They asked for proof, you delivered proof. It's not their job to find out how or when you got handed this written statement and if that constitutes a violation of §670. And as a little reality check: paying your expenses (probably something along the lines of a cab fare or bus ticket?) is way more cost effective for the AA than suing a small company for the same amount. Just the time of the lawyer filing the suit will probably cost more than your public transportation ticket for the next year.
If you have no contract to provide the service then you have no obligation under contract law to do so. However, if you are aware that withdrawing the service could or would cause damage to their business then doing so may leave you open to a suit on the basis of negligence; particularly if you do so precipitously and without warning. You should write to them in the following terms: Despite our agreement that the contract would not be renewed you have not made any arrangements to stop using my service. Consequently I consider that by your actions, you have continued to treat the contract as ongoing. I am happy for this arrangement to continue on a month-by-month basis and will be invoicing accordingly. If this is acceptable, please respond by 4pm on x/y/z; if you do not do so I will switch the service off at 4pm on x/y+2/z
If a business literally has an &quot;exact change only&quot; policy, that can't be enforced in post-pay situations. But if they have a &quot;you are free to overpay, but we won't give you change back&quot;, that's different, especially if it's communicated from the beginning. If they tell you they don't give change, then you're taking their goods/services implicitly agreeing to their terms.
In general, you still need to pay for the drink. If you had purchased the drink (on credit, ie a tab or similar as you appear to have done), and you had offered the vendor CASH, and he had refused, [if you can prove you offered him cash] he would be unable to pursue you for the debt (technically you would still owe it to him, but as he had declined government issued tender the government won't act on his claim, so he has no remedy available to him to extract payment - although he can refuse to serve you in future etc). Paying through a debit card is not the same as paying cash - although the money goes out of your account and into his, its not "legal tender" in the same way cash is.
Yes The document is called an invoice and the customer has taken the clothing “on account”. Most businesses of any size outside the retail sector operate this way. Remember that you are effectively lending your customer money. What are the terms of this loan? What are you going to do when/if they don’t pay? You need to deal with this either in your sale contract or a separate credit contract.
If you paid by a credit card, the proper procedure is to simply do a chargeback. If the hotel doesn't back down, then the credit card network will hold arbitration. I wouldn't expect them to win, since they don't have anything but their word for it. The hotel does have the option of suing you, but it's unlikely that they will do so for £200, and again they don't have much of a case. Their third option is to just report it to credit reporting agencies as a unpaid debt. For this, there's not much you can do other than have the fact that you dispute it included in your file. Theoretically, you could sue them for defamation, but that would be impractical.
This practice is probably not illegal, but I think it is at best ethically dubious. The invoice specifies &quot;&quot;Advising in relation to employment agreement with X&quot;, but according to the question no advice about X was given or even asked for, and while advice about Y was discussed, no such advice was given. That suggests that the asker owes the solicitor nothing. However the asker was informed of the hourly charge and then continued to discuss the issue. it could be argued that the constitutes an implicit contract to pay that rate for those discussions. It seems that the asker never said &quot;does that rate apply to this telephone call&quot;, nor did the solicitor say &quot;that hourly clock starts now if you want to continue&quot;. This leaves the situation less clear than it could have been. The second email, as described, seems to imply that the work of giving advice had not yet commenced, and thus no fee was due for services to date. A person in this situation could reply with a letter (sent by email or postal mail or better both) saying that no advice was given, no useful service was performed, and there was no agreement to pay for any service, so no fee is due. If the solicitor takes this to a court case, the asker may well want to consider consulting a different legal professional. This is a case where the exact facts may well matter, so no more precise answer can, I think, be given here.