When an act of God is involved, is all the risk on the client regarding re-scheduling a cancelled event?

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When an act of God is involved, is all the risk on the client regarding re-scheduling a cancelled event?

My wife and I were scheduled to be married 2 monthas ago. It happen to be the same day as a hurricane. A statewide state of emergency was issued and there were multiple road and bridge closing. The Red Cross even used the facility as a phone center. I paid in full and when the topic of re-scheduling was brought up that morning, the caters informed me that only the linens would have to be repaid for. The majority of the food could be frozen and what couldn’t are relatively low cost items. I agreed and canceled. His wife called me that afternoon and told me it would be $3900 to re-schedule. What are my rights?

Asked on October 17, 2011 under Business Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you had a scheduled event (marriage reception) that was cancelled due to the recent hurricane and you want to know whether or not you are entitled to any deposits back or any addiitonal fees due to its cancellation based upon inclimate weather, you need to carefully read your contract with the owner of the facility in that its terms and conditions control the obligations owed you and vice versa in the absence of conflicting state law.

Carefully read any terms concerning rescheduling fees and the like and why any fees might apply to your situation.

I am a bit uncertain as to what you mean by a $3,900.00 fee to rechedule the event. Is the $3,900.00 a new cost above what you agreed to pay for the event? Is the $3,900.00 a penalty to you because your rental could not happen due to poor weather?

If the answers are "yes" to the above questions, the $3,900.00 charge to reschedule a cancelled event due to inclimate weather does not appear right.


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