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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.
When did you pay the deposit and if possible, please upload a copy of the contract on here so that I may take a look at it
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience. Looking at the terms, they specifically state that ‘except in very unusual circumstances’ you would be catered by the named caterers. However, being sacked and no longer available could quite easily come under this exception so I would not say that they are necessarily in breach of contract by not supplying that caterer for the wedding. On what other grounds do you think they have breached the contract?
I appreciate it is not what you ordered but it is allowable under the terms and that is what you agreed to. I appreciate you are under the impression that someone cannot just be sacked like that, but I am also pretty sure it is possible and what is the norm in the industry does not automatically have to apply here. So it could well be that at the time you booked they would not have known the caterer would change, hence why you were not told.
The best option for you would be to challenge the clause by saying that if the caterers are still available and there is no clear issue which means they cannot use them (trying to make more money in-house is not probably going to cut it), then it would not satisfy the ‘very unusual circumstances’ exception
You can specifically ask them that all correspondence is in writing, or if needed you can record the calls to have as evidence.
As to putting it to them, you have to point them to the specific clause, make it clear that the wording of ‘very unusual circumstances’ is going to be rather limited in nature and interpreted very narrowly legally and would not include ‘standard’ decisions like simply not wanting to use a caterer any more and wishing to take the catering in-house – that is not a ‘very unusual’ scenario so on that basis they are in breach of the agreement they had with you.
Does this clarify things a bit more for you?
Most welcome and all the best