Q: Can force majeure be invoked if there is no longer a state of emergency?
I signed a contract for a hotel for my wedding block last June 2020 (height of the pandemic).Wedding is Oct. 2021. The contract that I signed states that with 20 rooms booked, I will get a free shuttle service and if the rooms aren't booked then I can upgrade or receive a discount for one of their contacts for a school bus or coach.Fast forward to May 2021,the hotel is claiming that they cancelled their shuttle service (a new manager took over and never informed me the shuttle was "cancelled")and so they cannot provide me a shuttle or credit towards the shuttle,even though the rooms will be booked. They are trying to say that the shuttle was "complimentary" but that word was not used in the contract,I never received notice, and there was an agreement that 20 rooms booked=shuttle service.They tried claim force majeure, but the state of emergency has been lifted several weeks ago in NJ, plus the contract was signed DURING pandemic. Do I have grounds to fight for credit?
A: Yes, I believe you are on very strong grounds for several reasons. Although noted stated in you query, I am basing my response on the assumption that the agreements executed were prepared by the facility. Therefore, if there is a question of interpretation, the court will decide against the drafter of the agreement. Further, the Court has consistently taken the position that every contract, whether or not the language appears, is deemed to have a provision for good faith and fair dealing. I would suggest you meet with an attorney and take a very strong stand against the facility.
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