Wedding Woes: Covid Cancellations And Deposit Refunds

The COVID-19 pandemic has caused unprecedented disruptions to the wedding industry, with many couples forced to postpone or cancel their weddings due to government restrictions and health concerns. As a result, the issue of wedding deposit refunds has become a highly contested topic, with some vendors refusing to return deposits, leaving couples facing financial losses. While there is limited legal precedent, the Competition and Markets Authority (CMA) has issued guidance stating that most contracts would be 'frustrated' by COVID-19, indicating that deposits should be refunded. However, the final outcome often depends on the specific circumstances and the terms of the contract.

Check your contract for a Force Majeure Clause

If you're looking to get your wedding deposit back due to COVID-19, one of the first things you should do is check your contract for a Force Majeure Clause. This is a standard clause in many service contracts that frees both parties from their obligations due to an unforeseen circumstance or an 'act of God'. Force majeure is French for 'superior force', and it covers situations such as extreme weather, war, strikes, or government regulations that could interfere with your wedding planning or day.

In the context of the COVID-19 pandemic, a force majeure clause could be invoked if your contract includes specific language referring to a "contagion", "epidemic", "pandemic", or "public health crisis". This clause would allow you to renegotiate or terminate your contract without incurring penalties. It is important to note that the specific language and coverage of the force majeure clause should be carefully reviewed and discussed with legal counsel to ensure it adequately addresses any potential issues related to the pandemic.

If your contract does not include a force majeure clause, you may still have some options. You could try to renegotiate the contract with the vendor to include this clause, or you could invoke common law defences to contractual obligations, such as the doctrines of impossibility and frustration of purpose. These are similar to force majeure but are more narrowly interpreted by courts and require a stronger argument.

It is always a good idea to approach your vendors with humility and understanding. The pandemic has put everyone in a difficult position, and working together to find a solution is often the best approach. You may be able to move your deposit to a new date or swap it for alternative services. However, if you are unable to reach an amicable agreement, consulting with a lawyer is recommended to understand your legal rights and options.

Insist on your terms and conditions regarding postponing

Postponing a wedding is a challenging task, and it's essential to approach the situation with humility and understanding. Here are some detailed instructions on insisting on your terms and conditions regarding postponing your wedding while also being flexible and empathetic towards your vendors:

Understand Your Contract:

Before insisting on your terms, carefully review your contract with each vendor. Look for clauses related to cancellations, postponements, and force majeure. A force majeure clause frees both parties from their contractual obligations due to unforeseen circumstances like an "act of God." If your contract includes such a clause with language referring to "contagion," "epidemic," or "public health crisis," you may be able to invoke it to renegotiate or terminate your agreement. Even without a force majeure clause, common law defenses like the doctrines of impossibility and frustration of purpose may provide leverage, although they are more narrowly construed and require a more robust effort to invoke.

Communicate Your Intentions:

Contact your vendors as soon as possible to discuss postponing your wedding. Be transparent about your intentions and explain the reasons behind your decision. Show understanding for their situation as well, as they are also facing financial challenges due to the pandemic. Work collaboratively to find a solution that satisfies both parties.

Propose Alternative Arrangements:

When insisting on your terms, be open to finding a compromise that respects the terms and conditions of the contract while also accommodating the vendor's needs. For example, suggest moving the deposit to a new date without penalty, even if it's a year or more in the future. This shows your commitment to honouring the agreement and helps the vendor retain your business.

Offer Flexibility:

While insisting on your terms, try to remain flexible where possible. If your original vendor is unavailable on the new date, consider accepting an alternative vendor that they recommend at the same price. Alternatively, discuss options to swap the deposit for other services the vendor may offer, such as a portrait shoot or event photography for a different occasion.

Document All Agreements:

Once you and the vendor have come to a mutual understanding, ensure that all agreements are confirmed in writing. Send a follow-up email summarising the discussion and the agreed-upon terms. This helps to prevent misunderstandings and provides documentation that can be referred to if any issues arise in the future.

Remember, while it's important to insist on your terms and conditions, maintaining a respectful and empathetic attitude towards your vendors will likely yield a more positive outcome for all involved.

Ask for a partial deposit refund

Asking for a partial deposit refund for a wedding that has been cancelled or postponed due to COVID-19 can be a tricky situation, but there are a few approaches you can take to increase your chances of success. Here are some steps you can follow:

• Review your contract: Carefully read through the contract you signed with the wedding vendor. Pay close attention to the sections regarding deposits, cancellations, and postponements. Look for any clauses that might apply to your situation, such as a force majeure clause, which could release both parties from their contractual obligations due to an unforeseen event like the COVID-19 pandemic.
• Communicate: Open a line of communication with the vendor. It's important to approach this conversation with humility and understanding. Express your situation and explain why you are requesting a partial refund. Be prepared to negotiate and work together to find a solution that works for both parties.
• Offer alternative solutions: Instead of a partial refund, consider proposing alternative options. For example, you could suggest moving the deposit to a new date if you plan to reschedule the wedding. This shows the vendor that you still intend to honour your agreement and value their services.
• Emphasize flexibility: If you are willing to be flexible with dates or services, this could increase the chances of the vendor agreeing to a partial refund. For instance, if they are unable to accommodate your new date, suggest that they provide an alternative photographer or videographer at the same price. This demonstrates your willingness to compromise and maintain a positive working relationship.
• Seek legal advice: If you are unsure of your rights or feel that the vendor is being uncooperative, consider consulting a lawyer. They can review your contract, explain your legal options, and help you navigate this complex situation. Keep in mind that legal action should be a last resort, as it may damage your relationship with the vendor and could result in additional costs.

Remember, the key to successfully requesting a partial deposit refund is to approach the situation with empathy and flexibility. The COVID-19 pandemic has impacted both couples and wedding vendors, so finding a solution that works for everyone is ideal. By following the steps outlined above, you can increase your chances of reaching a favourable outcome.

Negotiate with the vendor

Before negotiating with your wedding vendor, it is important to understand your contractual rights and obligations. Review your contract thoroughly, paying close attention to the deposit, cancellation, and postponement clauses. Some contracts may include a Force Majeure clause, which frees both parties from their contractual obligations in the event of an "act of God." If your contract includes such a clause, you may be able to invoke it to renegotiate or terminate your agreement. However, this clause must specifically refer to situations like the COVID-19 pandemic using terms such as "contagion," "epidemic," or "public health crisis."

Even without a Force Majeure clause, you may have legal leverage through the doctrines of impossibility and frustration of purpose, which are similar to Force Majeure. However, these doctrines are more narrowly construed by courts and require a stronger argument for their application. If you are unsure about your legal rights, consider consulting a lawyer to review your contract and advise you on your options.

When negotiating with your vendor, it is essential to approach the conversation with humility and understanding. Remember that the COVID-19 pandemic has impacted vendors financially as well, and they may be more willing to work with you if you demonstrate empathy and a willingness to compromise. Start by contacting the vendor by phone to discuss your situation and explore potential solutions together. During the call, you can suggest some of the following options:

• Rescheduling: Offer to reschedule your wedding to a later date, even if it is tentative, to retain their services and maintain a positive working relationship. This option may be more feasible if you are willing to push back your wedding by a year or more to align with the vendor's availability.
• Alternative services: If you are unable to retain the same vendor due to scheduling conflicts, ask if they can provide alternative services of similar value in place of your original agreement. For example, a photographer may offer a portrait shoot, event photography, or a newborn shoot instead of wedding photography.
• Partial refund: If the vendor is unable to provide alternative services, kindly request a partial refund of your deposit. Explain your financial situation and express your desire to continue working with them in the future. They may be willing to return a portion of your deposit to maintain a positive relationship.
• Referrals: If the vendor is unable to refund your deposit, ask if they can recommend other vendors or services that may be of assistance. While this doesn't directly resolve the deposit issue, it can help you find alternative solutions and demonstrate the vendor's willingness to help.

Remember that the goal of the negotiation is to find a mutually beneficial solution. Be open to creative solutions and remain respectful throughout the process. It is important to follow up any verbal agreements with an email confirmation to ensure both parties understand and agree to the new terms.

Take legal action

If you are unable to come to an agreement with your wedding vendor about a refund, you may need to take legal action. Here are some steps you can take:

• Review your contract: Before taking any legal action, carefully review your contract with the vendor. Look for any clauses related to cancellations, refunds, or force majeure events. A force majeure clause can free both parties from their contractual obligations due to an "act of God" or unforeseen circumstances. However, it must include specific language related to the current crisis, such as "contagion," "epidemic," or "public health crisis."
• Consult with an attorney: If you are unsure about your rights and obligations under the contract, consider consulting with an attorney. An attorney can review your contract and help you understand your legal options. They can also advise you on any applicable common law defences, such as the doctrines of impossibility and frustration of purpose, which may provide leverage in negotiating a refund.
• Send a demand letter: Before filing a lawsuit, consider sending a demand letter to the vendor. This letter should outline your request for a refund, the reasons for it, and any relevant legal arguments. It should also include any supporting documentation, such as emails or text messages, that support your claim. Give the vendor a deadline by which to respond and indicate that you will be pursuing legal action if a resolution is not reached.
• File a lawsuit: If the vendor refuses to refund your deposit, you may need to file a lawsuit. Depending on the amount in dispute, you may be able to file in small claims court, which typically has less formal procedures and lower costs. In court, you will need to present your case and provide evidence that supports your claim for a refund. This may include emails, text messages, or other documentation that demonstrates the impact of COVID-19 on your wedding plans.
• Pursue alternative dispute resolution: In some cases, you may be able to resolve the dispute through alternative methods such as mediation or arbitration. These processes can be less costly and time-consuming than traditional litigation. However, it is important to seek legal advice before agreeing to any alternative dispute resolution process to ensure your interests are protected.

It is important to note that taking legal action may be costly and time-consuming, and there is no guarantee of a successful outcome. Carefully consider your options and seek legal advice before proceeding.

Frequently asked questions