When an act of God is involved, is all the risk on the client regarding re-scheduling a cancelled event?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.