Force Majeure - act of god affecting contract?

jcarver007

Just looking for some advice regarding cancelled contracts during pandemic. My service is bespoke  in that the item is made to the clients specifications in advance. We have had a couple of clients cancel and request full refund citing the pandemic being an act of god. We had offered to deliver the bespoke items at a later date of their choosing which they initially accepted, but  they have now demanded full refunds. Do the clients have grounds for this citing an act of god?
To add, the items we create are bespoke and therefore not bound by the usual distance selling regulations.
Any thoughts?

Mrsn

Surely a refund would only be due if you were unable to provide the service they have paid for? It appears that the work has already been carried out from your post?

My guess, they are tightening their belts and looking to recoup as much money as possible.

McKneff

Is there such a thing as an act of god if no one can prove god exists x

jcarver007

So we were unable to provide the service as the client events were cancelled due to the government advice given regarding covid19. The service my company provided  was for the creation of something bespoke and the delivery and set up of it. The items were created in advance but unable to deliver as the clients cancelled.
Most of our clients have postponed till later in the year but just these two who have not although one did initially say it would be changed to a different date, then changed their mind.
Any thoughts?

hb2

It seems that you did provide the service as you created a bespoke item for the client. The only thing you have not, yet, been able to do is deliver it? 

Galloglass

"Acts of God" and "Force majeure" are simply shorthand titles for unexpected events. It will come down to the wording of any contract, whether it could have been anticipated and what a judge decides on the facts. Apologise to your clients and say that as these are not defined terms, you'll have to go to court to have a judge decide if it was an "act" or simply buyer's remorse (another shorthand title). 

Don't be shy of using a court to clarify issues and deciding one way or another. It is what they are good at, and they have centuries of experience of all sort of unexpected events.

h20poloman

We booked a package holiday with Freedom Asia to Vietnam & Cambodia from 19 April - 9 May 20. It was obviously cancelled so we asked for a full refund under the The Package Travel and Linked Travel Arrangements Regulations 2018 . The company refused citing "force majeur" as the reason. Every week I read advice sites such as Money Saving Expert and Daily Mail travel pages and they continually state that customers whose package holidays are cancelled are definitely due a refund within 14 days; force majeur is never mentioned as a possible caveat. I would say the majority of travel companies include a "force majeur" clause in their Ts & Cs but this is never highlighted by travel advice publications when advising customers. Can anyone advise please whether Covid-19 comes under the "force majeur" clause and, if so, why Martin Lewis and others don't advise customers accordingly. Thank you.

jcarver007

h20poloman 

I saw a post by Martin on Twitter today which mentioned some new regulations the government are looking at bringing in regarding refunds due to covid 19. As far as I know, travel companies and airlines need to refund customers if the flight is not going ahead.
I think in my situation its different as it was a bespoke work of art created for the client, client wanted to change the date, then they changed their mind. We could still have delivered the item but the client cancelled. 

With airlines etc, they seem to have cancelled their flights etc so would need to refund.

jaa1971

Just looking for some advice regarding the holiday i was on. I was 5 days into 14 day package holiday when i received a message from the Airline, they had to cancel the original schedule flight back and i had to fly back that evening. Between the Airline and my Insurance company they keep stating that it is the other one's responsibility for a refund towards the days lost. The insurance Company has quoted the Package and Travel regulations of 2018. Is anybody else in the same situation or if they have been who should i contact. TIA