Impact of Covid-19 on Brides and Grooms
Over the past 5 months we’ve seen the wedding industry go into turmoil with the future still uncertain. Understandably the hearts of brides, grooms and parents across the country sank when the announcement was made by the Prime Minister. Months and in some cases years of planning: setting a date, choosing a venue, deciding on catering, inviting guests etc.. came to a sudden halt and the thought of losing thousands of pounds and years of savings unimaginable. Putting aside (momentarily) the emotions we share with you some of the many challenges couples are facing:
1. Contracts
It’s more than likely that couples would have signed several contracts with their suppliers ranging from wedding planners, venues, caterers, bands, florists, photographers and make-up artists. All of those contracts will be unique and have its own idiosyncrasies. Couples are getting confused as to (a) what their rights are (b) what can be challenged and (c) what remedies are available to them. Unfortunately for the suppliers, many of their contracts are out of date and not fit for purpose.
2. Consumer Rights Act 2015
By law, this legislation provides for suppliers to provide fair terms in the contract to consumers for the services to match what was agreed and for those services to be carried out with reasonable care and skill. Some terms and conditions can be unenforceable if they give too much power to the business providing the service. The courts will enforce these rights.
3. Wedding Insurance
Not all couples have taken out wedding insurance. Those that did will feel relieved to a certain extent depending on the small print in the terms and conditions of their insurance provider. John Lewis Insurance appears to be the only wedding insurer that has paid out to couples for claims made on their policies and have in turn stepped into the shoes of the couples by way of subrogation to claw back monies which it has paid out to couples from the venues/suppliers. At present, it’s not possible to get wedding insurance.
4. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
There is a big debate on whether these regulations apply in the wedding industry and to what extent. Our take is that a venue is probably one of the exemptions but there may be other suppliers who were caught out by the regulations known as the “cooling off period regulations” which give statutory rights to consumers to allow a contract to be cancelled within 14 days of execution. Failure to provide those cooling off periods can have a massive impact on the validity of existing contracts.
5. Competition and Markets Authority (CMA)
The CMA work to ensure that consumers get a good deal when buying goods and services, and businesses operate within the law. The CMA are pro-couples and have prioritised the wedding and events sectors. The latest reports show that they are heavily inundated with complaints about: suppliers refusing to provide refunds; introducing unnecessary complexity into the process of obtaining refunds; charging high administration or cancelation fees; and pressurising consumers into accepting vouchers instead of cash refunds.
6. The role of the Government
Since 4 July 2020, weddings and civil partnerships were finally allowed to take place but limited to: 30 people (including all guests, officiant and any staff no employed by the venue), enough space to socially distance at least one metre, short ceremonies, no food or drink, group singing and playing of instruments avoided, small reception celebrations the list goes on. Not exactly the wedding anyone would have ever imagined.
The Lockdown Regulations (Section 5 of The Health Protection (Coronavirus, Restrictions) (No. 2) (England) Regulations 2020)) sets out the specifics in terms of size and location of the venue and the Government published guidance on how to have a Covid-19 secure wedding (https://www.gov.uk/government/publications/covid-19-guidance-for-small-marriages-and-civil-partnerships).
Whilst it was a welcomed move by the Government to ease the lockdown it still leaves many couples in limbo. How do you plan for future weddings when the future is still unknown?
However, the Government does and can impose legislation which makes it difficult for couples to make the ultimate decision whether to cancel the wedding altogether or whether to postpone to a future date for a wedding that may not end up being the one that was dreamt of.
7. Health and Safety
In normal circumstances the topic of health and safety would barely feature. Now, it is at the forefront of every couples mind. More so if the couple have decided to down-size the wedding or license a dry-hire venue to fit into the current government guidelines. To a certain extent it is almost going back to the drawing board and deciding: who to invite? can they sit together as a bubble? What about grandma and granddad and those in vulnerable categories? Can we have a band/choir singing? what do I do if my guest doesn’t follow the Government guidelines?
8. Threats of litigation
Couples are well within their rights to take court proceedings against suppliers for breach of contract, unfair terms and cancellation rights. Most claims we have seen are under £10,000. Such claims would therefore fall within the Small Claims court which are designed for litigants in person (ie: without the need for using lawyers).
9. Across the Globe
We have seen ‘Drive-Thru Weddings’ across the globe set up to let those ready to tie the knot in a memorable way (in the convenience of a car), reducing the risk of spreading coronavirus, saving a lot of money and stress with wedding planning. It is an interesting concept, could we see that happening in England?
Summary
It is impossible to feel that no one is immune from the impact of Covid-19 on their lives. 2020 has effectively been a write-off for the wedding industry and we are waiting with bated breath to feel that we can go into 2021 with a high degree of confidence. It is estimated that a million couples will get married in 2021 but we are paying a price at the moment for a lack of a roadmap and the degree of uncertainty hanging over the country and the world generally.
For many couples, knowing their contractual position and options is critical and we would strongly recommend they have the ability to seek independent legal advice.
We at Front Row Legal have launched a designated ‘Legal Surgery’ service to provide legal advice and guidance on Covid-19 related issues: www.legal-surgery.com. Our senior partner, Richard Cramer, has first-hand experience on dealing with such matters having been faced with the cancellation of his eldest daughter’s wedding which was due to take place on 29 March 2020.
Many thanks to Robina Hussein, Partner of Front Row Legal for this article.
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