Cancelled wedding

isplumm

8. If the hotel is unable to honour any booking for any cause outside of its control it shall be entitled to cancel the booking without liability.

9. In the event of disappointment relating to any part of the contract due to its own negligence, the hotel will not be responsible to compensate any amount in excess of the contracted service

Isn't point 8 the key point ..... they could say that they have cancelled the wedding because of your father & bad blood between them & him .... the threat of him making a scene on the day, etc .... that is outside their control - so they wouldn't have any liability ... whether he would do is irrelevant ... it is what they think that is important ...

As to the cheque .... couldn't you have written back & stated that you are cashing the cheque, but still reserve the right to sue them for damages if you end up paying more ??? (or words to that effect?)

Mark

Steve_xx

isplumm wrote: »

8. If the hotel is unable to honour any booking for any cause outside of its control it shall be entitled to cancel the booking without liability.

9. In the event of disappointment relating to any part of the contract due to its own negligence, the hotel will not be responsible to compensate any amount in excess of the contracted service

Isn't point 8 the key point ..... they could say that they have cancelled the wedding because of your father & bad blood between them & him .... the threat of him making a scene on the day, etc .... that is outside their control - so they wouldn't have any liability ... whether he would do is irrelevant ... it is what they think that is important ...

As to the cheque .... couldn't you have written back & stated that you are cashing the cheque, but still reserve the right to sue them for damages if you end up paying more ??? (or words to that effect?)

Mark

They could say that, but whether it holds up in a court is debatable.

However, they've said nothing, or rather, they've written nothing down on paper.

Clearly, there is a breach of contract here. The remedy for which is to sue for any damages that may result from the breach. Those damages would include any associated costs of setting up a new venue with similar fare to that proposed originally.

Tozer

Steve_xx wrote: »

They could say that, but whether it holds up in a court is debatable.

However, they've said nothing, or rather, they've written nothing down on paper.

Clearly, there is a breach of contract here. The remedy for which is to sue for any damages that may result from the breach. Those damages would include any associated costs of setting up a new venue with similar fare to that proposed originally.

I don't think that this circumstance is beyond their control. It is not that they cannot host the reception but rather they have decided that they don't want to.

Steve_xx

Tozer wrote: »

I don't think that this circumstance is beyond their control. It is not that they cannot host the reception but rather they have decided that they don't want to.

I agree with you. They could not reasonably invoke this term.

bap98189

Do not pursue this. People are debating whether or not particular clauses of your contract with the hotel will hold up, but one thing is certain, you do not want to have your wedding there. By all accounts, the new management have it in for you, and no doubt many of the staff will too. You can be quite certain of one thing, you will not have a pleasant day if you try to force them to go ahead with this. Cash the cheque and walk away rather than cutting your nose off to spite your face.

As for whether or not you can make them honour their contract, landlords can also ban any customer from their premises they want to, so you could find yourself paying for a wedding you are not able to attend.

Steve_xx

bap98189 wrote: »

As for whether or not you can make them honour their contract, landlords can also ban any customer from their premises they want to, so you could find yourself paying for a wedding you are not able to attend.

This does not alter the fact that the landlords have decided not to honour the contract entered into, without just cause, and therefore there is breach.

Tozer

Steve_xx wrote: »

This does not alter the fact that the landlords have decided not to honour the contract entered into, without just cause, and therefore there is breach.

Absolutely. I don't think anyone is suggesting that the OP insists upon having her wedding at the place!

Steve_xx

Tozer wrote: »

Absolutely. I don't think anyone is suggesting that the OP insists upon having her wedding at the place!

I think that orginally, after the problemous meal, that she did want to have the wedding there due to the fact that it was already arranged in part. She seems to have, sensibly in my view, changed her mind.

I think bap98189 was implying that if she did go ahead and insist on the wedding being there, and the landlords relented, that on the day the landlords could end up greeting the guests with a refusal to enter the premises. Whilst this is always possible, it is highly unlikely. Some of the guests could be regulars at the establishment, and if they did bar the guests entry then you could imagine the adverse publicity generated if the local press became involved.

Tozer

I think this is a dead easy one.

There is a very clear breach of contract on the part of the pub. OP should find an alternative venue of the same quality.

If it costs more, then there is a damages claim. Together with a claim for disappointment against the original venue.

Fire_Fox

I am rather confused why you haven't mentioned the poor state of hygeine, illegally cold and undercooked food in your letter. I suspect they will write back and state they cancelled the wedding as you are completely unreasonable or you wanted to cancel and they simply returned your money. You can't then bring up the appalling management and service at a later date it will look trumped up.

I would consider writing to Environmental Health, copying in the pub and the brewery. Mr. Fire Fox is a chef so I know full well there is NO excuse for cold or undercooked food - that's what temperature probes and common sense are for. The hygiene of the toilets is also a health issue, whereas the cleanliness of the flat is completely irrelevant.

If you don't want to go that far you should at least mention the facts - that on the day you voiced concerns about food hygeine and cleanliness of the premises and did not receive a satisfactory response. To be honest tho, by not sending the food back or showing the waitress as she cleared your plates you would be seen to have accepted the meal.

Good luck, and keep us posted.