The wedding was in progress
Suddenly
the music and lights stopped suddenly
The long-awaited wedding
turned out to be a bad thing...
A power outage caused chaos at the wedding scene, and the couple asked the hotel to compensate
On June 6, 2021, Liu A certain person and Sun held a wedding, and a hotel provided wedding services, including wedding banquet venue, lighting, equipment, conference hall display screen, etc. While the wedding was in progress, the LED screen in the wedding banquet hall went black and the sound suddenly stopped. The wedding was interrupted. The hotel arranged for personnel to repair the problem for 20 minutes before the wedding continued.
After the wedding, Liu and the hotel failed to negotiate due to the power outage at the wedding banquet, which caused chaos, guests leaving early, and some images being damaged. The total wedding banquet-related expenses were 42,697 yuan, of which Liu had already paid 35,000 yuan. The hotel filed a lawsuit with the People's Court of Laixi City, Shandong Province, demanding that Liu pay 7,697 yuan in unpaid wedding banquet expenses. After
Liu filed a counterclaim, requiring the hotel to pay liquidated damages of 9,900 yuan. Liu believes that as a high-end wedding service provider, the hotel should have an emergency response plan. The hotel hosted 8 wedding banquets that day, and only his own wedding had a power outage. According to popular belief, a power outage at a wedding banquet is unlucky, causing great harm to the couple and both parties. Psychological impact on loved ones.
Court: The couple pays the remaining wedding banquet fee, and the hotel pays liquidated damages
The People's Court of Laixi City, Shandong Province held that holding a wedding ceremony is a traditional wedding custom in my country, and the couple records the most important moments in their lives through wedding videos. , giving the beautiful moments in life a sense of ritual and happiness, the wedding video has great emotional value and a certain symbolic meaning of personality, and is a manifestation of the spiritual interests of the marriage contracting parties. As a special form of catering service, the hotel, as a service provider, should provide high-quality catering services to the couple to ensure that the wedding banquet is completed as scheduled. The couple, as consumers, should also pay the catering service fee in full after the wedding banquet.
In this case, the hotel's power outage during Liu's wedding reduced the expected effect of the wedding celebration, which was a service defect and should be held liable for breach of contract according to law. Liu asked the hotel to pay liquidated damages, which was in compliance with the law. Taking into account factors such as the incident process, the duration of the power outage, the hotel's attitude towards handling matters, the scope of the incident, its financial ability to assume responsibility, local living standards and other factors, the People's Court of Laixi City, Shandong Province decided that it is appropriate for the hotel to bear 20% of the total price. .
In summary, the People's Court of Laixi City, Shandong Province ruled that Liu should pay the hotel the remaining wedding banquet expenses of 7,697 yuan, and the hotel should pay Liu a liquidated damages of more than 8,500 yuan. After the verdict was announced, neither party appealed.
Judge: Respect the personality rights of civil subjects
A wedding is a special experience with commemorative significance, and the wedding video has great emotional value and a certain symbolic meaning of personality. The wedding banquet service provider should provide high-quality services as scheduled.
This case focuses on the balance of interests in the protection of personality rights, responds to the humanistic stance of respecting personal dignity and protecting personality rights in the Civil Code, plays the role of judicial adjudication in demonstrating and leading social values, and establishes rules of conduct through fair adjudication. , advocating operators to establish integrity, standardize operations, and operate in accordance with the law.
article: Public account @Laixi People's Court
