Mount Juliet, TN asked in Civil Litigation and Contracts for Florida

Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken place in Nov 2020, now the company is trying to give me new rules that are not in the contract saying I have to pay the whole amount minus the event fee by the original date if i wanted to book for Aug 2021 and it had to be the amount contracted in my original agreement.....Do I have a case

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1 Lawyer Answer
Giselle Ayala Mateus
Giselle Ayala Mateus
Answered
  • New York, NY

A: The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able to ask for a refund. Additionally, if what you want is to negotiate, you should go back to the contract, if it says that no reformation of the Agreement can be made except with a written Agreement signed by the two parties you have an argument to work with. Additionally, considering the current situation is arguable that a 100% puts you in risk of loosing your money if another event which may be considered "foreseeable" prevented you or the other party to perform. In conclusion, you need to ready carefully the contract, in case you arrive to an agreement with the other party, a strong force majeure or default clause considering the possibility of no performance is advisable, so that you haver the possibility now to ask for a refund if something happens.

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