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Asked in Los Angeles, CA Mar. 18, 2020 ,  4 answers Visitors: 12
Can I get a full refund from my wedding venue due to the COVID19 virus (force majeure)?

4 Answers

Anonymous
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Posted on / Mar. 21, 2020 18:58:41

Interesting questions being posted about how to deal with contracts interrupted by covid-19 coronavirus!
(1) Force Majeure: Basically when an "act of God" type of situation interrupts contract performance. Some contracts specifically address this possibility and many do not. If the contract specifically addresses it, the contract controls. In many ways global pandemic is as novel a legal concept as covid-19 is a novel coronavirus so there could be some argument about when these clauses will apply, particularly depending on how they were drafted.
(2) Who keeps the deposit? Assuming there is a written contract, an attorney would need to evaluate the terms. Many people post a small bit of a contract on Avvo and think that an attorney can give an answer but there are often additional terms in a contract that would shift an answer. This is why the attorneys will generally tell you they need to see the entirety of the contract to provide an answer. (It isn't just wanting to get you to pay them money, but a necessity of providing an accurate answer!)
(3) When is it worth litigation? For cases larger than the small claims limitations, many attorneys will do a low-cost initial consultation. This will answer a number of questions including giving you an idea of the economics of your case. For instance, many clients are surprised that the prevailing party doesn't always get their attorney fees back under California law. In a contracts situation, there needs to be a written attorney fees provision in the contract in order to get attorney fees in a lawsuit; however, there may be additional claims that can be added to a lawsuit that would allow for recovery of attorney fees. Your attorney can help you get a clear picture of how clear the contract was written, who it favors, any other possible factors like other claims, the likely costs involved with litigation, etc. and then you can formulate a strategy for legal representation that works for your particular economics and facts.
(4) Negotiation & Settlement: The coronavirus situation is not "fair" to either side of this contracts question! I believe we will see a lot of cases where both sides have been hurt economically and, assuming the contract isn't crystal clear, both sides may be wanting to avoid the costs involved with having a court determine the outcome. This is where attorneys (possibly on both sides!) can be truly invaluable. Sometimes you need the attorney who will "crush, kill and destroy" for trial but sometimes years of negotiation skills can create a quicker settlement resolution. Sometimes a little compromise ends up being less costly both in money and emotional cost and your attorney can help you find the tipping point for your case.
(5) Rescheduling: In this particular question, the wedding venue wants to keep the money and offer a new date. That could be a fair resolution. The argument can be made that the services have not been made impossible because they could be rescheduled; however, the poster points out that we are living in a great deal of uncertainty regarding future dates which is a valid concern. The contract provides a roadmap and in this case seems to favor the venue, although the entirety of the agreement has not been provided and so this is only an initial thought. There is definitely a basis to argue and litigate as implied in other attorneys answers to this question, which brings us back to the negotiation point.
On a personal note, my own son has just contracted for a wedding venue and I'm hoping that the virus situation does not cause a reason to reschedule so my heart particularly goes out to all who have been put in this terrible position relating to such a joyful plan.

Anonymous
Reply

Posted on / Mar. 20, 2020 17:52:54

Without reviewing the entire contract, it's just a guess, but my guess just based on the "force majeure" language you quoted only protects the venue, but not the customer, so no refund was agreed to by the parties in the event of a force majeuer event. I've researched force majuere fairly recently, and don't recall any cases about a global pandemic, but I believe this would qualify.

That means your best option, though as you state, there's risk, is to re-schedule your wedding and hope for the best. Perhaps you can reduce the risk by choosing a date in mid-late 2021.

Anonymous
Reply

Posted on / Mar. 18, 2020 18:46:38

This is a duplicate post. As you were told in prior responses to your other post, the facts matter and it is also unclear why the coronavirus has made this event become "impossible" when it appears on its face it can merely be postponed. If you are going to use a different venue, then that deflates your argument that "refund" request is really about the coronavirus as opposed to simply wanting a different venue. Ditto if you are no longer getting married.

Anonymous
Reply

Posted on / Mar. 18, 2020 16:21:41

Generally speaking, a force majeure clause will likely apply to the COVID-19 issue at hand, but it depends on the wording of the specific clause. In this scenario, what will likely happen is that the venue will credit you the money for use at a later date versus refund you the money entirely. Reach out to the venue in writing to convey that based on this clause, each parties performance is temporarily suspended and that you want to reserve a new date, paying the remainder of the deposit per that new date. Goodluck to you and hope your wedding happens soon!

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