Navigating Wedding Cancellations In The Time Of Covid-19

The COVID-19 pandemic has forced many couples to cancel or postpone their weddings. This has led to uncertainty and confusion, with many venues, caterers, and other vendors refusing to issue refunds or offer alternative dates. Legally, the situation is complex, and it's important to review the terms of the contract and any force majeure clauses that might apply. In this context, a force majeure clause may excuse contract performance in the case of an act of God, but it's not guaranteed. Couples should carefully review their contracts and seek legal advice if needed. It's recommended to postpone rather than cancel, and to keep vendors and guests informed as soon as possible.

Communicating the cancellation to guests

Communicating the cancellation of your wedding to guests due to COVID-19 can be a difficult task. Here are some tips to help you navigate this challenging situation:

Be Strategic and United

Before reaching out to your guests, ensure that you and your partner are on the same page and present a united front when sharing the news. It's important to share updates strategically, starting with your closest family members and working your way out to extended family and friends.

Show Understanding and Empathy

Recognize that this news may be disappointing for your guests, especially those who are elderly, at-risk, or immunocompromised. Show empathy and understanding in your communications, and respect that everyone has different comfort levels during the pandemic. Be kind and considerate in your interactions.

Use Your Wedding Website

Utilize your wedding website to quickly and effectively communicate the cancellation to your guests. Update the website with a clear and concise message, expressing your regret and explaining the reasons for the cancellation. Here is a suggested template:

"Dear [Guest Name(s)],

Due to the ongoing COVID-19 pandemic, we have made the difficult decision to cancel our original wedding plans. While we had hoped to celebrate with you in person, our priority is the health and safety of everyone involved.

We are deeply saddened by this turn of events, but we hope you understand that we must abide by social distancing guidelines and keep our gathering intimate.

We will be in touch regarding future celebrations when it is safe to do so. Thank you for your support and understanding during these challenging times."

Provide Practical Information

Along with the cancellation message, include practical information on your wedding website, such as the date you expect to celebrate in the future, any non-refundable expenses your guests may be able to help with, and any other relevant details.

Offer Individual Conversations

Be prepared for guests who may have concerns or who are disappointed they cannot attend. Offer one-on-one conversations to address their worries delicately. Assure them that you are taking every precaution and that you will respect their decision if they choose not to attend.

Remember, this is an unprecedented situation, and your guests are likely to be understanding of the changes. Focus on maintaining grace and sensitivity in your communications, and know that your loved ones want to support you during this challenging time.

Legal implications of cancelling wedding contracts

The COVID-19 pandemic has disrupted the wedding plans of many couples, leaving them with no choice but to cancel or postpone their weddings. Wedding contracts are legally binding, and most weddings involve various contracts with vendors like decorators, caterers, photographers, and venues. So, what are the legal implications of cancelling these wedding contracts?

Firstly, it is crucial to carefully review the terms of the contract. Some contracts may include a force majeure clause, which excuses contract performance in the event of unforeseen circumstances beyond the control of either party, such as an "act of God". If a force majeure clause is included, the next step is to determine if COVID-19 meets the contract's definition of force majeure and if it significantly impacted contract fulfilment. A court may rule that a pandemic falls under the force majeure clause, but this is not guaranteed.

If the contract does not contain a force majeure clause, alternative legal doctrines may apply, such as the "impossibility of performance" or "frustration of purpose". The "impossibility of performance" doctrine requires demonstrating that the cause of the contract's impossibility was not foreseeable, which may or may not include the COVID-19 outbreak as determined by a court. On the other hand, the "frustration of purpose" doctrine applies when an unforeseeable event undermines the value of the contract, such as government orders limiting gathering sizes. In such cases, the contract may be deemed frustrated, and the consumer would be entitled to a refund of any money paid, including non-refundable deposits.

It is important to note that even if the contract is covered by a force majeure clause or deemed frustrated, the right to a refund depends on the specific wording in the contract. Additionally, venues or suppliers may deduct reasonable costs incurred while organising the wedding, such as food costs or specific business overhead costs.

To summarise, the legal implications of cancelling wedding contracts due to COVID-19 depend on the specific terms of the contract and the applicability of legal doctrines like force majeure or frustration of purpose. It is advisable to carefully review the contract, negotiate with vendors, and seek legal advice when considering cancelling a wedding contract.

The force majeure clause

A force majeure clause is highly recommended in wedding contracts as it clarifies the rights and obligations of both parties in case of unforeseen events and helps prevent disputes or misunderstandings. It can also provide protection in the case of the ongoing COVID-19 pandemic, but the specific language and coverage should be carefully reviewed and discussed with legal counsel to ensure it adequately addresses any potential issues related to the pandemic.

If a force majeure event occurs, both parties may have the right to cancel or postpone the wedding without incurring significant penalties. However, this depends on the specific language of the force majeure clause and the governing laws of each state involved. For example, a lower standard might be applied to a wedding delay, while a higher standard might be required for a wedding cancellation.

To invoke the force majeure clause for a wedding cancellation, it must be established that the event meets the contract's definition of force majeure and that it sufficiently impacted the contract's fulfillment. Some contracts may also detail the degree of impact required for applicability. It is important to note that even if a wedding contract covers COVID-19-caused wedding cancellations, the right to a refund depends on the specific wording in the contract.

When reviewing a force majeure clause, couples should pay attention to the specific events or circumstances covered, any notice requirements, refund or rescheduling provisions, and the governing law. This will help them make informed decisions and mitigate potential risks.

The doctrine of frustration

The COVID-19 pandemic has thrown many wedding plans into disarray, with changing restrictions making it difficult to finalise details and forcing many couples to cancel or postpone their big day. When it comes to cancelling wedding contracts due to the pandemic, there are several legal options to explore, including the doctrine of frustration.

To establish frustration, it must be shown that the event undermined the value of the contract. The doctrine of frustration does not apply if the contract has simply become more difficult or costly to fulfil—it must be shown that the original purpose of the contract has been fundamentally compromised. If the doctrine of frustration is successfully applied, both parties are released from their contractual obligations, and any payments made under the contract may be refunded, although this is subject to the expenses incurred by the other party.

It is important to note that the doctrine of frustration is not always straightforward and may vary depending on the specific circumstances and the jurisdiction. In some cases, courts have been strict in interpreting frustration, and not all contracts are enforceable. Therefore, it is advisable to seek legal advice when considering cancelling a wedding contract due to COVID-19 to understand your rights and options.

Wedding insurance

However, it's important to note that wedding insurance policies do not cover all scenarios. For example, cancellation due to cold feet, self-inflicted injuries, sexually transmitted diseases, drug or alcohol abuse, or existing medical conditions is typically excluded. Additionally, if COVID-19 has already been deemed a known threat at the time of purchasing the insurance, it is likely that the policy will not cover any losses related to the virus. Many insurers are now explicitly excluding COVID-19 from their policies.

Therefore, it is crucial to carefully review the terms and conditions of any wedding insurance policy before purchasing. It is also advisable to have a detailed conversation with your insurance agent to understand the specifics of your coverage.

If you purchased wedding insurance before COVID-19 became a known threat, your policy may cover losses if you need to cancel due to illness or travel bans. However, this is not guaranteed, and different insurance companies have taken varying positions on this matter.

In summary, while wedding insurance can provide financial protection in certain circumstances, it is essential to understand the limitations and exclusions of your specific policy.

Frequently asked questions