Legal Issues Regarding Postponing a Wedding Due to COVID-19
Organizing a wedding party It's a task that demands time and planning. The expectation created is very high, and it involves logistics with service providers, party venues, etc. But, in times of the Covid-19 pandemic, the celebration may be postponed. "He can?"
In 2020, the pandemic caused by the novel coronavirus caught many couples by surprise who had already signed contracts with suppliers and event venues, for example. The recommendation of social distancing and isolation, recommended by the WHO (World Health Organization), led to the postponement of events. And it can even lead to a frustrating cancellation, undermining any remaining expectations.
So, the question is: how do you postpone a wedding? Are there any penalties involved? Learn more about the subject and get your questions answered! Understand more about it. Legal Issues Regarding Postponing a Wedding Due to Covid-19.
How can I postpone my wedding due to Covid-19?
The truth is that it's a severely difficult decision. Besides the expectations created by the couple, postponing or canceling a ceremony and reception involves legal issues. Considering that all the procedures involve service providers, contractual clauses, and pre-scheduled dates, signaling a change of plans is not so simple.
But if there is no alternative but to postpone the marriageGiven the restrictions declared by government agencies, how should we proceed?
First, the contract drawn up with the professionals and businesses beforehand should be analyzed. There are usually clauses that allow for cancellation or postponement due to force majeure. In this case, contractual liability is waived, provided that the pandemic is the reason for such a decision.
When should the event be suspended?
Regardless of the definition, it's important to act quickly, not allowing dialogue with the companies to be left until the last minute. Just like the wedding hosts, the service providers cannot be held entirely responsible, since they could have received notification in advance.
It's important to point out that this communication should come from whoever signed the drafted contracts. Therefore, given this uncertain scenario, the best course of action is to opt for postponement/cancellation as soon as possible, avoiding penalties for an excessively late suspension.
Possible supplier requirements
Although much of the market is aware of what is happening, some suppliers may create difficulties for rescheduling. They are questioning new regulations issued by the authorities, under the pretext of being obligated to fulfill their commitments.
To overcome obstacles, it's necessary to discuss rescheduling the date, in the short or long term. This includes inquiring about the likelihood of securing the same venue and suppliers for the much-anticipated celebration later on.
The best approach is to seek a mutually amicable agreement, ensuring the best possible arrangement. When explaining the decision, justify it by stating that the main reason is the social distancing and isolation rules due to Covid-19. This should work without problems.
But what if a company wants to impose a hefty fine or disagrees with the postponement?
Legal basis for postponing marriage.
Ideally, you should seek help from consumer protection agencies, such as PROCON, to mediate this issue. And, according to the guidelines established by the agency, there are three ways to resolve this problem:
- To request a rescheduling of services;
- Try replacing it with another product, or even a similar service;
- To obtain a credit based on what has already been paid, which can be used in the future with the same company or service provider.
Nevertheless, the approach is geared towards reasonableness for both parties, in order to avoid legal implications. It is worth remembering that the period we are experiencing is atypical in all economic spheres; therefore, it is necessary to be flexible and opt for the most favorable decision.
Another important point to highlight is that the analysis needs to be done individually, avoiding comparisons with other contractual situations of acquaintances and relatives. Cases must be studied separately, as the coronavirus pandemic presents a completely atypical situation.
Therefore, it is not possible to point to quick or advantageous solutions for only one side.
Finally, fees can be applied, yes. But everything will depend on the agreement made to postpone or cancel the wedding. Mediation, when there is no agreement, can be done by lawyers or by PROCON (Brazilian consumer protection agency). This also applies to a possible refund.