Goverment banned weddings

sshaikh31

So I was supposed to get married today (12 April). I paid a premium to get this sought after date. I got a call on 21st March from my venue that they are no longer able to hold weddings due to the goverment ban on venues due to covid-19 pandemic. We were not offered like for like dates (week days only) and off peak dates, that do not work for our families. We were left with a "like it or lump it" attitude from our venue. No offer to refund at all or to pay back the difference between off peak dates and the peak date we selected. We were advised we would not be getting a refund and that they have not cancelled the wedding.  They can hold it but it's the goverment, and so my grievance is with the goverment and I should take it up with the goverment.
My view is that the ban is placed on them and not me. 
Having reviewed the terms and conditions there is no clause at all, covering any instance where the venue has to cancel an event for reasons either in or out of their control. No force of Majurue clause  or act of god clause, which would provide legal cover for this unprecedented instance. The only term that is relevant to cancellations is : we advise wedding couples to get wedding insurance to cover circumstances outside of their control where they have to cancel I.e.illness. all cancellation terms are geared to the client, and does not cover the interest of the client at all.
I have requested a refund on the basis that they have not been able to provide the service, the alternative dates do not work and are very limited, and they have unfair terms, which do not cover this circumstance, and therefore can not create a new term to keep money in this situation. They also have no guidance / term around postponing. 
I am thinking of taking legal action (unfair cancellation terms, potential frustrated contract and that they have cancelled, and therefore we are due a refund) , but I wanted to see if anyone has any thoughts or views on if we have a strong case, or to provide any potential counter arguments the venue's legal representatives may come back with. 

Jeremy535897

I take it you had no wedding insurance? Have a look at the other threads on this forum about delayed weddings and lack of refunds. There are quite a few.

sshaikh31

No wedding insurance unfortunately. I regret it now! However, policybwording for many policies either dont cover infectious diseases, or if they do, they may not cover government bans / changes in regulations. 

unholyangel

Have a look at the consumer right act. 

They are in breach of contract. The fact the breach is beyond their control just means they wouldn't be liable for additional losses like disappointment, the cost of sourcing an alternative etc. 

7Phil

You should at the very least be offered an equivalent-value service as a replacement. The were not able to hold your wedding on the agreed date but that is neither their fault nor yours.
Usually this should come to a negotiation between you both about the new date and whether the value of the service you receive is fair. Obviously, you can't both go on endlessly about what works perfectly for each side.
They may be booked up to the neck with weddings and you can't expect them to displace another couple's wedding to make availability for you.
If you can't work out a replacement date you might need to start to talk cancellation. The money you paid will depend on the Ts&Cs.
You should expect better than what they are offering so far. 
I don't know how far you can go though. If you are talking about a lot of money I'd seek pro advice.

sshaikh31

Thanks - talking over £16k dry hire. Alot of money, to be given a weekday or a winter. They did not really want me to go into next year, as they want  to sell dates, I get the commercial aspect. Not fair though.

I appreciate they cant displace a wedding and I understand it's directly their fault but the ban has been placed on them, they called me to say they couldnt hold the wedding not the other way round. Its not my fault but it's them who have the restriction and ban is placed on them.  Its like if I get an illness, that's not my fault, I did not ask to get I'll, it's out of my control, but in that case I'm liable to pay the full balance and recommended to get insurance (per their t&cs)  So I think that it should be a fair playing.field really. If they have to cancel, for whatever reason, they should refund. 
There is alot of uncertainty around this virus when we can hold a large wedding of 400 people (asian wedding), and so they have said I can move it again if this doesnt resolve (I.e ban still on, although not if social distancing advice as then its business as usual), and I then its endless postponing. Until.which point they could go bust. It just doesn't seem.fair to me and goverment need to advise but this rightly so is not a priority.
The t&cs do not cover anything about them having to cancel or postpone for reasons in or out of their control. It entirely focusses on what happens if I cancel. I.e illness or due to unforeseen (personal) reasons. 
In my non legal education and purely based on research:
The cancellation clause seems unfair and could be caught as being an unfair term. I.e all skewered to protect the venue, and not transparent or fairly protects the client equally.  I cannot see a Force Majeure clause or provision for a postponement. It may be arguable that the contract has been frustrated. Further, it could be argued that any new terms to postpone, could also constitute an unfair term of the contract.