Covid 19 and section 75

leacrom36

Hi,
We are due to get married in April. I’m concerned that if the UK heads the same was as Italy and goes into lockdown then we will be unable to go ahead with the wedding.
we do not have wedding insurance as I didn’t know it was a thing.
We have made a lot of payments to the venue via credit card. My question is am I likely to be successful in a claim under section 75 of the consumer credit act if the wedding had to be cancelled? 

Thank you so much for taking the time to read this 

Ergates

I don't think so.  Section 75 makes the credit card company equally liable as the company you paid, in cases where there is a problem with the product or service you paid for (e.g. your fridge breaks, or you never got the thing you paid for).  If you have to cancel due to external circumstance, I don't think the company would be liable, which would mean the CC provider would also not be liable.
Maybe if *they* cancel, but probably not if *you* cancel.

jimbo26

If you cancel you will get nothing. Sec 75 is not a substitute for insurance.

sivs

Can't you apply for wedding insurance now? 

born_again

sivs said:

Can't you apply for wedding insurance now? 

Given Italy has cancelled all weddings etc till 20/04 at the moment. Might be longer. Not much chance.

OP if it is cancelled. Then you are looking at chargeback 1st. But you will have to wait till day after event, which you have not said.

I would speak to your card provider and put them in the picture now. 

Willing2Learn

born_again said:

sivs said:

Can't you apply for wedding insurance now? 

Given Italy has cancelled all weddings etc till 20/04 at the moment. Might be longer. Not much chance.

The OP never said the wedding was in Italy.  They were just wondering if there is a likelihood of a lockdown in the UK, similar to the one in Italy.

leacrom36 said:

We are due to get married in April. I’m concerned that if the UK heads the same was as Italy and goes into lockdown then we will be unable to go ahead with the wedding.

Hi leacrom36 and welcome to the forum.  Hopefully a lockdown won't become a reality in the UK and your wedding ceremony and reception will all go smoothly for you.

Tildaplum

If the venue cancels the wedding and effectively tells you 'sorry but we are closing up and you cannot come' then you are obviously due a refund from the venue. If they can't or won't pay then your CC is jointly liable and you can claim under section 75.

The venue will in turn claim on their insurance assuming they have any 'loss of business' insurance.

If, on the other hand, the venue remains open but YOU cancel (eg for fear of guests getting infected etc) then you have no claim against either the venue or the card.

All this is assuming, of course that there is no 'if we have to close because of coronavirus then we get to keep all the money' clause in the contract you signed with them. Check your contract T&C.

phillw

leacrom36 said:

My question is am I likely to be successful in a claim under section 75 of the consumer credit act if the wedding had to be cancelled?  

It would rather depend on your definition of "had". There is a big difference between
"I'm worried about my guests, so I had to cancel."
and
"The police turned up at the wedding to arrest me."
It's easy to say, but don't worry about it as there is currently nothing you can do.
The wedding will either go ahead or it won't. If it doesn't then you will either get your money back or you won't. Until you can present a reason for cancelling the wedding, then you can't really figure out the likelihood of how successful you will be.
If the venue tells you that the wedding cannot be held there, then really the venue should refund you and you shouldn't have to make a section 75 claim at all. But if they refused then the section 75 claim should succeed.