Help with Cancelling a Marriage - Legal Aid

Questioner

Hello, I originally planned a wedding party at a restaurant/hall center with an extensive 3-course lunch for 100 people. According to the advertising booklet, that was also the maximum for the hall. I also visited the location. For the rest, it was fine. I had a quote made for that. However, later it becomes 120 people. The manager assured me that the space would be fine. I myself had my doubts whether there was enough space. With the benefit of the doubt after being called several times to ask if I should go ahead with it because the party was in 6 weeks, I signed the quote three weeks ago. After that I could make an appointment with the head of planning. Last week I was extensively explained how and where all the guests will be seated. However, due to the larger number, guests even have to sit at the table in the hallway. The definition of 'enough space' was taken very literally by the young manager. My doubts then grew worse, and I decided with difficulty that it was not acceptable that it would be so cramped and that guests would be placed in the hallway. So I cancelled the entire wedding party yesterday, As expected I got an angry response that this was not the normal course of business, and that I would expect cancellation costs according to the Uniform Conditions for the Hotel and Catering Industry (UVH). They want to appeal to article 9.4.2e which means 60% of the amount, because the party is in 3 weeks. This would bring the cancellation costs to over 7000 euros. The largest part of the quote is the lunch, but the menu composition has not yet been confirmed. The calculation of the drinks is also based on post-calculation. I have a few questions: *The complex consists of 2 buildings, a restaurant, and a building with halls. They also advertise the delicious food of the restaurant that is served in the hall. Can I then assume that according to the conditions 9.3.1.1a (restaurant reservation) I have no costs? The manager keeps insisting that it is article 9.4.2e (other catering agreements). *Can I appeal to article 8.1? That the room/space is not sufficient in terms of space? *And isn't the amount they mention an excessive burden? I assume that, for example, shopping for food and drinks is not done 3 weeks in advance. I wouldn't know what to do if I had to pay the full cancellation costs :/

Lawyer

I will ignore your questions for a moment because this is clearly a case of non-compliance with the agreement on the part of the restaurant / party room. You really need to send a registered letter in which you adhere to the obligations arising from the assignment agreement, including explicitly the verbal additions and commitments, and demand a period of two weeks for a suitable solution so that all your guests can enjoy their meal in the restaurant. Perhaps it is a solution to rotate guests, but then I think a price reduction is appropriate and certainly not a fine if you cancel anyway. I want to help you further, a letter from a lawyer makes so much more of an impression.

Questioner

Hello Mrs. Ferwerda, thank you for your response. I posted a registered letter yesterday, and stated that I do not expect them to be able to offer a suitable alternative (another larger room), and that I therefore want to terminate the agreement. And rotating the guests is not a solution. They immediately threatened with cancellation costs. How legally valid are the verbal promises 'that it will fit' and that I then signed the quote at home, and that I then inspected the situation on location, and still cancel? However, I am really under time pressure because the wedding is less than 3 weeks away. I actually no longer have confidence that things will turn out well at this location, and I actually want to push through the cancellation here, so that everything can be arranged in time at the backup location.

Lawyer

Completely legally valid and hopefully you have witnesses. In addition, it seems unreasonable to me what is being asked of you (guests in the hallway, what should I imagine?) Are there perhaps intermediate doors or sliding systems that can be opened? Now that I read that you only have three weeks to go, total cancellation does not seem appropriate because where can you find a new location so quickly? And you must terminate the agreement extrajudicially, not only state that you intend to do so but actually attach a date of default to it! And do not forget the damages that may arise as a result! You may need the help of a lawyer who can supplement your document with the necessary statements.

Lawyer

What you want is all possible and your letter is indeed far from complete. You should first give the other party the opportunity to solve the problem by offering either a larger space or compensation in the form of a lower price or extras. I suspect that you did not point this out sufficiently in your letter. The question is whether your wish to terminate the agreement is also legally feasible. I doubt it. You state that the other party would have indicated that there would be 'enough space' and did not inform you that the hallway would be included in this. In law, the rule is: he who asserts, proves! If the other party disputes that this was discussed in this way, you will have to prove it. Since there is probably nothing in writing about this, that will be a difficult story. You will then have to prove it with witnesses, if there are any. In view of the above, I advise you not to cancel the agreement. A letter must be sent to the other party with notices to correctly comply with the agreement, in the event of failure to do so the other party will be liable for damages. The damage can then be settled later, i.e. after the marriage. You will then not run the risk of having to pay cancellation costs or even additional damages from the other party because you have wrongly canceled the agreement. You would be wise to engage a lawyer/attorney to draw up the letter.

Questioner

You are right about it being possible. However, the final verdict is that it is far too tight to be able to eat reasonably in a sense. The 'hallway' was told to me on the phone, however, another French name was used for it which I cannot remember. I only realised this during the last viewing that it is the space after the entrance of the country house. But with or without the hallway, it is simply too cramped to have a normal lunch. They have offered to let the young people eat standing by making it a 'walking dinner'. I am also not interested in a lower price, extras or compensation. But I am also not going to pay the cancellation costs. If they are going to threaten with 60% of the total costs, then I want to dispute them why it can be cancelled free of charge if it would be eaten IN the restaurant, and why not if it is eaten in the adjacent room. I will wait for the response first and then decide whether I need a lawyer for this.

Lawyer

ok clear, then you must follow the procedure for the termination of the agreement. I would like to hear from you if I can be of service to you in this.