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Wedding Photographer, The Consumer Rights Act. What would you do?

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  • Wedding Photographer, The Consumer Rights Act. What would you do?

    Hello,*
    *
    I am a wedding photographer.*
    *
    En-route to a wedding last October, beyond my control, I suffered a collision with a huge piece of farming plastic which severely incapacitated my car causing my delayed attendance at the wedding.*
    I called the venue and the groom from the roadside informing them of my situation and I would arrive as soon as possible. Because of this unforeseen event, I was unable to take pictures of the bride getting ready, dress hanging up and any grab shots before the ceremony.*
    I arrived just in time to photograph the wedding ceremony, the nuptials, register, drinks, guests, all the formal shots, bride and her bridesmaids, confetti shots, big group on the lawn, couple shots on a London bus, couple photographs, cutting of the cake, couple in the reception rooms, detail shots, wedding speeches,*first dance, evening shots by the lake and hundreds of reportage photographs of the guests and family partying.*I have showed the huge collection to fellow professionals, who in their opinion say it’s a stunning collection that took a lot of a lot of skill and work to create.I left the venue late into the night and spent weeks editing and perfecting the collection, and created their own online password protected gallery to enable them and family to download from.
    I posted a few ‘taster’ photos on social media, which the couple have liked and they have even posted pictures I took on their own social media. In February, I received a letter from the groom demanding a full refund because they were unhappy that I missed the start of the day. ( they have downloaded all the edited the 750 photographs from the online gallery.)**
    I do appreciate that there were elements of the day that were missed due to the unforeseen circumstance beyond my control. My car body is still damaged and I incurred a huge bill for my car repair.***
    I offered a £250 settlement as a gesture of goodwill, which the groom rejected. I then offered to design and produce a wedding album as well to draw a line under this.***
    They are threatening court action to recover all of the £1350 citing that I am in breach of the Consumer Rights Act 2015.****
    I am utterly heartbroken that due to events beyond my control, I was unable to capture a few moments at the start of the day, but I am a wedding photographer and I did photograph their wedding to the highest professional standard. Out of my typical wedding coverage, I covered probably 90% of what I normally shoot.
    I have seriously considered hanging up my cameras after all my time and loving dedication on this. I do not know which or what to suggest?
    *Would really welcome advice from anyone on this, all weddings and income this year are off because of the lockdown.
    *
    Thanks in advance.
    Neil*








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  • #2
    I think you have a good case, especially as all the photos gave been downloaded, which would suggest they accepted the modified contract.* Your offer of £250 was reasonable

    I think you have someone trying it on.* Ask which bit of CRA have you failed?*
    *

    Comment


    • #3
      If the collision with farm detritus was not your fault you could possibly rely on a defence of frustration of contract by events outside of your control.

      Comment


      • #4
        "they have downloaded all the edited the 750 photographs from the online gallery".

        Which I would deem as acceptance and fulfilment of contract.

        Your contract with them states what will be photographed, so what part of the contract did you miss if any?

        Comment


        • #5
          Thank you for the replies kind people x

          Comment

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