Couples who missed out on their dream weddings and deposits due to coronavirus cancellations have been given new hope.
Solicitor Advocate John Carruthers believes that certain clauses in wedding venues' cancellation policies are not enforceable in law and that couples should be entitled to money back if their special day cannot go ahead.
In one case he has recently handled, a venue was holding back nearly £8000 from a couple who were paying up their £10,000 Hogmanay wedding for 100 guests.
It then couldn’t go ahead with those numbers due to coronavirus restrictions.
Mr Carruthers, from Oracle Law, in Glasgow, looked into the finer details and realised that under the Unfair Terms in Consumer Regulations 1999 some hotel terms and conditions are unenforceable in law.
He believes it is an important step in helping people see their deposits being returned and has now had many more couples get in touch.
Mr Carruthers said: “We were happy to take on the case where the bride was refused a return of the £8000 she had paid even although the hotel could not provide the wedding she had planned.
“The hotel’s terms and conditions were straightforward and simply said that the deposit, which was paid in tranches, was not refundable.
“These clauses are commonplace but in our opinion unlawful where they apply to consumers. We contacted the solicitors for the hotel and explained we believed the clause was unlawful and why as they haven’t actually received any ‘goods’.
"The hotel agreed to refund most of the deposit.
“We have no doubt this is just the tip of the iceberg. I know hotels are in a difficult situation at the moment.
“In many cases, I suppose, the deposit has been withheld for commercial reasons. However, to me it is clear if a wedding is cancelled, the bride should be entitled to her money back.”
Mr Carruthers said with more than 70,000 weddings being cancelled or postponed in the UK due to coronavirus restrictions, there could be many couples out there who may have felt they had to accept they would not see their deposits again.
He added: “In this case the wedding venue cancelled the wedding themselves – it was not the bride’s fault. There was very strong indication that this was unfair.
“Even if a hotel doesn’t cancel and you have a wedding booked for next June, perhaps, but don’t want to go ahead with the wedding as no one knows what the world will look like then, there is an argument under consumer contract law that you could get your deposit back. If you cancel months in advance then it could be argued you have cancelled when the hotel hasn’t accrued any losses.
“It would be entirely different if you cancelled a day before the wedding and the venue had a slot which couldn’t be filled or staff had already been hired, but if it is some months away then you should be able to get your money back.”
Bride-to-be Cheryl, from Renfrewshire, had been planning her Hogmanay wedding for more than a year but with 100 day guests and 25 evening guests it could not go ahead.
She was offered an alternative date of February but didn’t feel confident that things would be any different by then.
She said: “There were a number of things in the contract which I had asked for which couldn’t be delivered in these circumstances such as the bar running to 2am, 100 day guests an 25 evening, a dance floor and piper.
“I got to the stage where I just wanted to cancel and then I was told to correspond with their lawyers from then on. I must have tried about a dozen lawyers before Mr Carruthers agreed to take the case on and the venue quickly made an offer which I accepted. I don’t know what we will plan now. I suppose we will just have to wait and see.”
With restrictions in place for some time Mr Carruthers said they have seen a number of couples come to them for statutory declarations which is one of the requirements for getting married abroad.
He added: “Many people still want to get married now, they just don’t want to do it in the UK. We have a number of brides coming to us for statutory declarations for weddings in Cyprus. It is easy to get over there and there are few coronavirus restrictions.
"They may have seen their weddings cancelled here a couple of times now and it is easier for them to have 20 or so relatives with them abroad.”
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