Wedding venue refusing to refund

[Roarasaur]

Our wedding was booked for april 2020 and we postponed until april 2021. The government guidance is now of course that we can have the church wedding but without reception.
We have asked for a refund from our wedding reception venue and they have refused, saying that the guidance can change up to 12 hours before our wedding at which point we would be expected to go ahead with whatever is allowed. If we do not agree to this the that is us 'cancelling' and we would then not be entitled to a refund. Clearly 12 hours is not adequate time to plan a wedding!! They have also said that they would plan as if the wedding is going ahead (ordering food, drinks, cleaning, booking staff etc) and if the wedding was not able to go ahead for any reason we would still be liable for their "expenses".
We have taken legal advice and sent a letter and email to which they have responded the above, they have also not given us a refund within the 14 days we set out in our letter.
The whole experience has become extremely sour and difficult. We are planning to go to small claims court however are feeling extremely nervous (neither of us have any experience with anything similar).
Is anyone in a similar situation?
Anyone have any advice?
Thank you

What was in the contract you signed?

@Ifailed

What was in the contract you signed?

That's irrelevant if the contract contains "unfair terms". Being ordered by the government to not take place over-rides any non cancellation clauses.

I think it depends when in April you were due to get married. Before the 12th April and the venue won’t be open and therefore they need to refund you or allow you to postpone. They won’t be open before the 12th April so it can’t change 12 hours before. After the 12th the guidance is saying there could be 15 guests. So you wanting to cancel because you can’t have everyone there probably wouldn’t fall into the Covid cancelling the event criteria and is instead you cancelling which is not usually covered, or will incur costs at that point.

As of April 12, you can have an outside reception of a sit down meal of up to 15 people. When is your wedding planned for?

Sorry our wedding is 24th April with 130 guests. We interpreted the CMA guidance to mean that if the wedding is "significantly impacted" by covid restrictions we are entitled to refund or reschedule. As we have already rescheduled once, and after the way we have been treated by our venue, we do not wish to reschedule.

Just to add, there is no outdoor event space at this venue (only a car park) as it is on a river bank

Even if there is only a car park, if they think they could safely deliver a wedding in the car park or river bank for 15 people then they will be able to go ahead with the wedding from their point of view. It’s obviously not what you pictured but contractually they’re probably fine.

Have you checked with them how they plan to host an outdoor wedding ensuring the health and safety of you and your guests? Indoor weddings won’t be considered until May. The guidance says these steps won’t happen before these dates but these dates may be delayed.

Hey, that's called a 'frustrated contract' due to circumstances outside of yours and your venues control.

They should be issuing you a refund, the government guidance for weddings at this date is not the same as what you would've signed up for in your original wedding contract.

There's no way the gov will lift restrictions allowing this to take place.

@InTheNightWeWillWish

Even if there is only a car park, if they think they could safely deliver a wedding in the car park or river bank for 15 people then they will be able to go ahead with the wedding from their point of view. It’s obviously not what you pictured but contractually they’re probably fine.

Have you checked with them how they plan to host an outdoor wedding ensuring the health and safety of you and your guests? Indoor weddings won’t be considered until May. The guidance says these steps won’t happen before these dates but these dates may be delayed.

This comment is wrong and misleading on the side of, they cannot expect you to go ahead with 115 people less than you would've signed up for on your contract. That's breaking the contract and not providing the service agreed.

@Roarasaur

Just to add, there is no outdoor event space at this venue (only a car park) as it is on a river bank

Have they explained how they can hold a reception for 15 people if there is no outdoor space?

@GloriousGoosebumps it's irrelevant regardless of what their answer to that is, 15 people is not what the OP signed up for on the original contract and therefore the agreement is not being met.

They are entitled to a refund due to it being a frustrated contract.

OP you need to be firm with them, get your money back.

You might find that a properly worded letter before claim kicks them into geat with them realising you are serious.

www.gov.uk/government/publications/wedding-services-coronavirus-covid-19-cancellations-and-refunds/wedding-services-affected-by-covid-19-statement-of-the-cmas-position-on-cancellation-and-refunds#glossary-of-technical-terms

I've attached a screenshot of the frustrated contract section and the breach of contract (which they would be if they made you have 15 people)

Also to add, if they are insistent on purchasing the food even though the current guidelines are there in black and white, say you will collect the food and want proof of purchase if you can't get a full refund (they won't throw money away knowing full well it's not going to go ahead)

@InTheNightWeWillWish

Even if there is only a car park, if they think they could safely deliver a wedding in the car park or river bank for 15 people then they will be able to go ahead with the wedding from their point of view. It’s obviously not what you pictured but contractually they’re probably fine.

Have you checked with them how they plan to host an outdoor wedding ensuring the health and safety of you and your guests? Indoor weddings won’t be considered until May. The guidance says these steps won’t happen before these dates but these dates may be delayed.

This is completely misleading advice.