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What are my rights

nikkiandaidan
nikkiandaidan Posts: 6 Forumite
First Post
edited 4 October 2020 at 12:51PM in Coronavirus Board
I was due to get married in May but with Covid was unable to, the venue were very good and agreed a future date as a postponement. I signed a new contract for the future date in December knowing there was a chance of our wedding not being as we wanted with 50 guests during the day and 100 in the evening. We are getting married in church as this is important and the reception venue have been very understanding and are offering us dates around this. We have been offered to move the date up to April next year at no extra cost but have decided that we don't want to go ahead. What are our rights?
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Comments

  • sweetsand
    sweetsand Posts: 1,826 Forumite
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    Hi OP
    What does the contract state should you decide "not to go ahead"?
  • nikkiandaidan
    nikkiandaidan Posts: 6 Forumite
    First Post
    edited 4 October 2020 at 1:34PM
    If we choose not to go ahead within 3-1 month of the date we would be liable to pay 90% of the cost and within 1 month we would be responsible for the full cost. We are within the 3 to one month bracket.
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    Well your rights are already as stated then. If you are choosing to cancel then you are bound by their terms.

    If anything I would hold my nerve and wait for them to cancel, they legally can't honour your booking as it stands and no doubt they will have to then cancel it themselves. 
  • But my query is, does this fall under the frustrated contract rules? Am I entitled to a refund if I decide it is no longer what I want and choose not go ahead. The new contract talks about going ahead with reduced numbers. And only paying for those attending in relation to catering etc. If this is no longer what we want where do I stand?
  • bradders1983
    bradders1983 Posts: 5,684 Forumite
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    I would say its more about who blinks first.
  • Galloglass
    Galloglass Posts: 1,288 Forumite
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    I would say its more about who blinks first.
    If anything I would hold my nerve and wait for them to cancel, they legally can't honour your booking as it stands and no doubt they will have to then cancel it themselves. 
    For the contract to be "frustrated" something has to happen. As matters stand, as explained by Bradders, the contract hasn't failed. It might fail but this would be a presumption and not a failure. 

    You could invite the venue to agree the contract be void in return for say 25% or some such figure you feel you might pay (by judging the risk). This would allow both parties some peace of mind as no doubt the venue would like something rather than having the risk of nothing should they fail to provide the service again.

    You do not need to agree a third date if the date disappears again.
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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    But my query is, does this fall under the frustrated contract rules? Am I entitled to a refund if I decide it is no longer what I want and choose not go ahead. The new contract talks about going ahead with reduced numbers. And only paying for those attending in relation to catering etc. If this is no longer what we want where do I stand?
    Appears that the supplier can deliver the service that it's contracted to. What precisely does the new contract say?  
  • It's not as clear cut as you may imagine, as most contracts have a 'force majeure' clause (or something similar for events outside of their control). 
    A pandemic would certainly fall into this category... :)

    The best way (for now) is to open a dialogue and see what they're offering - what have your wedding insurance provider said so far? 
  • sourcrates
    sourcrates Posts: 31,946 Ambassador
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    Lol, you can buy wedding insurance ? is that incase the bride runs off with the best man senario ?
    I did get married once, wasn`t really for me, i`m not a religous type, and having an expencive piece of paper as proof of your love for someone just seemed pointless.
    I think Galloglass hits the nail on the head, current restrictions are due to stay for now, so let them make the first move in accordance with guidence.
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  • sweetsand
    sweetsand Posts: 1,826 Forumite
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    But my query is, does this fall under the frustrated contract rules? Am I entitled to a refund if I decide it is no longer what I want and choose not go ahead. The new contract talks about going ahead with reduced numbers. And only paying for those attending in relation to catering etc. If this is no longer what we want where do I stand?
    Di you agree to the "new contract" and the "fewer numbers"?? If not then you may have a case.
    ATB
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