- 6 years ago
So my sister’s wedding was this past August (or at least it was supposed to be) but unfortunately that pesky hurricane Irene came along and there was a state of emergency called into effect. The venue was closed as well as all roads going into the city where the wedding was to be held (on the beach). Luckily, the venue refunded all of the money to my sister (voluntarily- they said that is why they have insurance and they were so nice about it), however the photographer refused. She wouldn’t even negotiate and maybe take pictures elsewhere on another date, etc. She just ceased all communication with my sister as she was trying to get it resolved.
My sister filed in small claims court and she has a date for next month. What she and I are wondering is what could possibly help her win? She has a contract but it is very vague and it doesn’t have a provision for anything like an act of god. My sister is suing for the total amount (a refund of her deposit and to not be responsible for the payment of the photos- since there are no photos).
The girl didn’t show, she didn’t do anything. And while it wasn’t her fault, it wasn’t my sister’s fault either. My sister didn’t cancel, the state cancelled essentially. And while I understand that had she not booked that date, she could have done a job somewhere else, that is highly unlikely as she was a local vendor who didn’t travel further than where the hurricane was hitting (the entire eastern shore was in a state of emergency so she couldn’t have done another shoot somewhere else on that day).My sister was even trying to negotiate so that they could split it and the photographer would keep half of the deposit and return half since my sister got nothing out of the deal and the girl wouldn’t even consider that.
As far as other vendors- my sister actually picked up the flowers a day early and had them at her ceremony at the court house so that was a non-issue and the cake people wouldn’t refund or work with my sister either, but the court gave my sister a default judgment because they did respond. (She has not yet collected on that judgment yet).
Thanks for any help/thoughts you all can provide.