When Mr. Ge and Ms. Cao were preparing for the wedding, they chose a wedding company and signed an agreement. The wedding company promised that one month after the wedding ceremony, Mr. Ge and Ms. Cao would receive the wedding video.

Wedding video was lost by a wedding company

How to protect your rights?

See the provisions of Civil Code ↓

Case summary

When Mr. Ge and Ms. Cao were preparing for the wedding, they chose a wedding company and signed an agreement. The wedding company promised that one month after the wedding ceremony, Mr. Ge and Ms. Cao would receive the wedding video. When Ms. Cao urged the wedding company at the agreed time, the other party said that all the wedding videos were lost due to equipment failure.

After communication, the two parties failed to reach an agreement on compensation. Ms. Cao and Mr. Ge sued the wedding company in the People's Court of Shunyi District, Beijing, requesting that the wedding company refund the wedding fee of 13,800 yuan to the plaintiff and compensate the plaintiff for mental damage compensation 20,000 yuan.

The defendant’s wedding company stated that it did not agree with the plaintiff’s request to refund all wedding fees. The wedding fee of 13,800 yuan includes hosting, wedding car, makeup, camera, flowers, venue and other fees. If other services have been provided, the company only agrees to pay 2,000 yuan in camera fees as agreed in the contract, but the company can make a concession and refund 4,000 yuan. In addition, the wedding company also stated that there is a clear agreement in the contract signed and confirmed by both parties that if there is a compensation problem, no compensation will be given for mental losses. Therefore, the company does not agree to pay compensation for mental damages.

Court heard

In this case, the wedding service contract signed by Ms. Cao and Mr. Ge and the wedding company was legal and valid. The wedding company's loss of wedding video materials due to work errors constituted a breach of contract. Ms. Cao and Mr. Ge's video service fee of 2,000 yuan should be returned. Ms. Cao and Mr. Ge did not submit evidence to prove that the wedding site layout did not comply with the contract. When the wedding company had provided hosting, makeup, flowers, wedding cars and other services in accordance with the contract, Ms. Cao and Mr. Ge's lawsuit requesting the wedding company to refund all service fees was insufficient and the court did not support it.

Wedding video materials have great emotional value and certain personal symbolic significance. They are irreparable and irreplaceable special souvenirs. The wedding company lost the wedding video permanently due to its own negligence, causing serious mental damage to Ms. Cao and Mr. Ge. According to this, it requested compensation for mental damage compensation , which is reasonable and legal, and the court supports it. The specific amount will be determined as appropriate based on the degree of fault of the wedding company and the consequences of the damage.

Although the two parties agreed in the contract that if there is a compensation problem, no compensation will be given for mental losses, the above terms are pre-planned by the wedding company for reuse and have not negotiated with the other party when entering into the contract. The wedding company has not fulfilled its obligations to remind and explain, so the above terms do not become the content of the contract. The court refused to adopt the defense opinion that the wedding company should not compensate for mental losses.

In the end, the People's Court of Shunyi District, Beijing made a judgment that the defendant's wedding company refunded the plaintiffs Ms. Cao and Mr. Ge's camera service fee of 2,000 yuan, and compensated the plaintiffs Ms. Cao and Mr. Ge with 8,000 yuan in mental damage compensation.

Judge's statement

Mental damage compensation generally occurs in cases that infringe on the personal rights and interests of natural persons. In principle, infringement of property rights and interests is not within the scope of mental damage compensation. However, such as manuscripts that have devoted their efforts, the only photos of deceased relatives, pets that have been with them for many years, these items are based on factors such as life, history, tradition, and culture. They carry a special emotional memory of the right holder and are endowed with specific personal and identity interests, and their spiritual value may far exceed material value.

If the perpetrator causes irrecoverable damage to these specific souvenirs due to the fault of the perpetrator, the perpetrator is only ordered to compensate for material damage, which cannot make up for the victim's mental trauma.

《 Civil Code of the People's Republic of China 》 Article 996 If one party violates the other party's personal rights and causes serious mental damage, the injured party's choice to request him to bear the liability for breach of contract shall not affect the injured party's request for compensation for mental damage.

Article 1183 of the Civil Code of the People's Republic of China If a person infringes upon the personal rights and interests of natural persons and causes serious mental damage, the injured party has the right to request compensation for mental damage.

If serious mental damage is caused by intentional or gross negligence to infringe on specific objects of personal significance in a natural person, the injured party has the right to request compensation for mental damage.

Reprinted from: "CCTV Today's Sayings" WeChat official account

Source: CCTV One