Navigating Wedding Cancellations During The Covid-19 Pandemic

The COVID-19 pandemic has disrupted many weddings, with more than 260,000 weddings postponed or cancelled in 2020 alone. Couples have had to make difficult decisions about whether to cancel or postpone their weddings due to government restrictions, venue closures, and concerns for the safety of their guests. Some couples have chosen to go ahead with their weddings, while others have had to deal with the financial and legal implications of cancellation or postponement.

Cancelling a wedding due to Covid may result in a breach of contract with the venue

If you need to cancel your wedding due to COVID-19, the first thing you should do is review the terms of your contract with the venue. Look for any mention of whether the deposit is refundable and check for a force majeure clause, which may excuse contract performance in the case of an 'act of God'. This type of clause will list a series of events that make contract performance impossible and may or may not be clearly labelled.

If your contract is written but doesn't contain a force majeure clause, you may be able to argue 'impossibility of performance', where you need to show that the cause of the cancellation was not foreseeable. A court may or may not determine that the COVID-19 outbreak was reasonably foreseeable.

Another legal theory that may be applicable is 'frustration of purpose', which protects the parties when an unforeseeable event ruins the value of the contract. For example, if there is an executive order that limits gatherings to a certain number of people, this could be a basis for claiming that the purpose of the contract has been frustrated and should be cancelled.

If the venue cancels your wedding, you may be able to get your deposit back. This is especially true if the contract becomes impossible to perform due to circumstances beyond the control of either party, such as a statutory prohibition on large gatherings. In this case, the contract is typically nullified, and both parties are exempt from performance and must be put back into their original financial position, including the refund of deposits.

However, if the venue has already spent your deposit on wedding preparations, directors and officers of incorporated businesses may be personally liable for the improper conduct that allowed the misdirected spending.

Wedding insurance may help cover costs if you need to cancel due to Covid

Wedding insurance is a financial agreement that protects you against losses if your wedding is cancelled or otherwise affected by unforeseen circumstances. While it won't cover you if you simply change your mind about getting married, it can provide peace of mind and protect your investment in case of unexpected problems.

There are two main types of wedding insurance: liability insurance and cancellation insurance. Liability insurance covers you if you or a guest causes property damage to the venue or if someone is injured at the event. It can also include host liquor liability, which covers you if a guest leaves the event drunk and gets into an accident. Cancellation insurance, on the other hand, provides reimbursement for lost deposits and non-refundable amounts if you have to cancel or postpone your wedding due to unforeseen circumstances. This could include vendor bankruptcy, extreme weather, or sudden illness or injury to the couple or their immediate family members.

When purchasing wedding insurance, it's important to read the fine print carefully to understand exactly what's included in the policy. In general, wedding insurance covers the venue, vendors, wedding items, and sickness or injury before or during the wedding day. Some policies may also cover wedding gifts, rings, and even the rehearsal dinner and other related events.

The cost of wedding insurance can vary depending on the provider, event location, and amount of coverage desired. Basic policies typically range from $75 to $550, while general liability insurance costs around $185 and covers up to $1 million in accidents. Cancellation coverage is based on the price of the wedding and can start as low as $75.

To ensure you have the right coverage, it's recommended to start researching wedding insurance shortly after you begin planning your wedding. This way, you can outline your deposits and understand how much coverage you need. While you can purchase wedding insurance up to a few weeks or even days before the wedding, it's best to get coverage in place as soon as possible, especially since the wedding industry often involves non-refundable contracts.

Some couples chose to go ahead with their wedding despite a positive Covid test

The COVID-19 pandemic has forced many couples to postpone or cancel their wedding plans. However, some couples have chosen to go ahead with their weddings, even when one or both partners have tested positive for COVID-19. For instance, a couple in California, Patrick Delgado and Lauren Jimenez, had to change their wedding plans multiple times due to the pandemic. When Lauren tested positive just three days before their wedding in November 2020, they decided to get creative. They exchanged vows while holding the ends of a ribbon, giving them the feeling of holding hands. Lauren, dressed in her wedding gown, sat by her bedroom window on the first floor, while Patrick stood in the front yard underneath, holding a sign that read "almost married". The couple took precautions by wearing masks and limiting the number of guests to 10, with some watching from their cars.

In another instance, a couple in Singapore, Tan Qi Ting and Joel Teng, faced a similar predicament when Tan Qi Ting tested positive for COVID-19 a day before their wedding reception. Rather than postponing, they chose to have the bride attend the wedding virtually via video call to protect the health of their guests, particularly their elderly grandparents and friends with young children. The groom walked down the aisle alone, while the bride watched and interacted with guests through a video call, projected on a screen for all to see.

A couple in India also decided to proceed with their wedding despite the groom testing positive for COVID-19. The ceremony took place with the permission of the local administration and the presence of senior police officials. The couple, along with a priest and a few close family members, wore blue protective suits (PPE kits) to prevent the spread of infection.

While these couples chose to continue with their weddings despite positive COVID-19 tests, they adapted their celebrations to prioritise the health and safety of their guests, demonstrating resilience and creativity in the face of adversity.

Covid restrictions and guidelines may force the cancellation of a wedding

Covid-19 has had a significant impact on weddings, with many couples forced to cancel or postpone their big day due to restrictions and guidelines implemented by governments worldwide. While the specific rules vary by location, some common measures that may necessitate wedding cancellations include guest limits, social distancing, and mask mandates.

For instance, in England, a four-step plan was announced in February 2021 to ease restrictions over time. The initial step allowed weddings and civil partnership ceremonies with a maximum of six attendees, while receptions were prohibited. In Step 2, the guest limit was increased to 15, and outdoor receptions were permitted with specific conditions. Step 3 allowed up to 30 guests, and receptions could be held in COVID-secure indoor or outdoor venues. Finally, in Step 4, the government aimed to remove all limits, subject to the outcome of the scientific Events Research Programme.

Similarly, Scotland's coronavirus timetable for easing restrictions increased the guest limit to 50 for wedding ceremonies and receptions starting April 26, 2021, but with no alcohol permitted. Wales allowed wedding venues to host clients by appointment only from April 12, 2021, with further restriction details yet to be announced. Northern Ireland reviewed its regulations on April 15, 2021, allowing up to 25 people at wedding ceremonies, but requiring a risk assessment for events with more than 15 attendees.

In New York State, wedding receptions were permitted at 50% capacity, up to a maximum of 150 people. However, attendees were required to undergo COVID-19 testing before the event, provide contact information for tracing, and wear masks unless eating or drinking. Socially-distanced dancing was also allowed under strict guidelines.

In India, the Uttar Pradesh government issued directives allowing a maximum of 25 people to participate in weddings and related functions due to the coronavirus pandemic. Invitees were mandated to follow COVID-appropriate protocols, including the use of masks and sanitizers, and social distancing for seating arrangements. Proper sanitation and cleanliness of toilets at the venue were also required.

These restrictions and guidelines may pose challenges for couples planning their weddings, potentially leading to cancellations or modifications to their original plans. It is essential to stay informed about the latest regulations in your specific location to make informed decisions regarding your wedding during the COVID-19 pandemic.

It is important to check the contract with your venue and suppliers if you need to cancel or postpone your wedding

Before calling any vendors, review your contracts in detail to understand their cancellation policies, including how to give notice of cancellation and what money you can expect to get back (or have to pay). The contract will act as a guide for how the venue will expect you to notify them of a cancellation and will outline what will happen if you do cancel. It is also likely to indicate the best way to contact a vendor, as some may require notification via phone or in person.

If you have a contract with the venue that includes catering or floral services, for example, then cancelling that one contract through the venue is sufficient. However, if you have separate contracts for these services, even if they are handled by the venue, you will need to contact the relevant vendors directly to give them notice.

Cancellation policies will vary from vendor to vendor. Some vendors are more likely to give you money back than others. For example, day-of vendors such as photographers, DJs, hair and makeup artists are more likely to return some money as their final payments aren't usually due until the day of the wedding or closer to the date.

If you have event postponement and cancellation insurance, this will also come into play in the event of a cancellation or postponement. This type of insurance covers customers if an emergency interferes with their event and can reimburse you for non-refundable payments made to book a venue and vendors.

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