This is because the marriage would be radically different from what was originally agreed. In a previous article, we discussed the CMA`s general guidelines for cancellations and refunds related to COVID-19 by consumer-focused businesses. In this article, we examine the main attractions for companies of the latest specific wedding instruction of the CMA, which adds to its general guide. The CMA also recently published an open letter to wedding providers and its agreement with Bijou Weddings Group. If blocking laws prevent (or prevent) the holding of a marriage, it is likely that the company has had to bear certain costs that a court would accuse it of repaying the consumer. Legislation on the maintenance of these costs does not explicitly specify what costs can be withheld and which costs cannot be withheld, and the courts have not provided detailed guidelines on this. The CMA presents its views on the costs that a court would be most likely to leave to a business under the legislation. This statement sets out the CMA`s opinion on consumer rights to reimbursement from the wedding business, with which they had their contract, whether or not they had insurance (although the CMA does not expect businesses to expect consumers who have recovered their money from an insurer to expect them to pay it back because they are unable to repay what they have paid). Force majeure clauses are effective, but they are also very narrow. To excuse an offence, the nature of the event must be explicitly stated in the clause. Some events, often included in the force majeure clauses, are the acts of God, state measures, the embargo, war, terrorist acts, natural disasters, fires, floods, labour strikes and, above all, pandemics. Sometimes a force majeure clause is broad to include any event “not reasonably under control” of a party – in this case, the specific event does not need to be described in clause 2.2 Be careful to carefully read the clause to see what is covered or not. A company could attempt to use commercial terms to limit its liability to the reimbursement of consumers whose marriages cannot take place, or to recover additional costs.
The CMA believes that a court could probably find that such clauses are abusive and unenforceable if they want to prevent consumers from obtaining refunds, as stated in this statement. However, the marriage transaction may withhold certain amounts limited in relation to the expenses it has already made for the marriage. This statement sets out the CMA`s views on the operation of the law regarding marriage service contracts that have been or will be affected by the coronavirus pandemic (COVID-19). In practice, the consumer should not be held responsible for anything other than a fair cancellation fee (if included in the contract). This should be a part of the price of marriage, which is reduced to reflect: marriage societies must comply with all legal restrictions in force. You will also need to assess whether and how wedding ceremonies and related receptions can take place. While some couples were content to wait to see if their marriage could take place, for many it was not a viable option, especially where they had to decide whether to spend money. Each case must be judged on its own merits, but according to the CMA, it is likely that it can only be kept for the wedding: similar considerations apply with regard to the number of guests who can attend the wedding and/or reception.