The wedding company undertook two weddings on the same day and in the same venue.
actually used the on-site decoration of the previous wedding without authorization
for the newlyweds of the second wedding.
The newlyweds of the first wedding were very angry when they learned about it.
refused to pay the wedding expenses.
And the wedding The company also did not deliver wedding video materials
Recently, the Intermediate People’s Court of Shantou City, Guangdong Province concluded the case
In October 2022, Cai A and Cai B entered into a wedding service contract with Li due to the need to hold a wedding, entrusting Li to provide wedding host, video photography, dance programs, wedding car attire, The total cost of wedding venue decoration and other services is 39,835 yuan. After the wedding, Li did not dismantle the wedding scene decorations. After making slight modifications, he used them for another couple's wedding that night, and posted relevant videos of the scene to the Internet. After learning about it, Cai A and Cai B refused to pay the wedding service fee on this reason, and Li also failed to deliver the wedding video materials. Later, the two parties filed a lawsuit with the People's Court of Chenghai District, Shantou City.
The court of first instance ruled that Cai and his wife should deduct RMB 7,920 from the RMB 19,800 they should pay for wedding site decoration. Cai refused to accept the decision and appealed to Shantou Intermediate Court. During the litigation, Cai A and Cai B registered for divorce.
After hearing, the court of second instance held that Li used the wedding decoration plan for secondary use without the consent of Cai A and Cai B, and failed to dismantle the wedding decoration in time after the wedding, causing damage to another person on the same day and in the same venue. To newcomers The main design elements and personalized aesthetic expression details of the wedding scene layout were basically used, which undoubtedly destroyed Cai A and Cai B's beautiful memories of the wedding and the intellectual work they put into the wedding decoration, and violated Cai A and Cai B's Person B's expectation of having a unique and exclusive wedding constitutes a breach of contract and shall bear corresponding liability for breach of contract. When the responsibility for the wedding venue layout to be used by others has not been clarified, it is reasonable for Cai A and Cai B to refuse to pay the relevant fees, and refusing to pay is not a reason for Li to refuse to deliver the wedding video materials. Wedding video materials are specific commemorative items with important personality symbols and permanent commemorative significance. They are timely and precious. Although the two parties did not agree on the delivery time of the wedding video materials, Li said that he could not complete the editing and production of the video materials more than three months after the wedding, which was obviously beyond the necessary preparation time. It can be determined that Li did not perform the delivery of the wedding video in a timely manner. Image data obligations.
Li's breach of contract has objectively caused certain mental damage to Cai A and Cai B. In view of the fact that Cai A and Cai B have registered for divorce, both of them expressed their unwillingness to receive the video materials of the wedding. Li There is no need to deliver. Based on Li's breach of contract and the actual expenses incurred in performing the contract, the court of second instance decided that Li, Cai A and Cai B should each bear one-half of the wedding decoration site costs, which is 9,900 yuan, and at the same time, The service fee was further reduced by 5,000 yuan as Li's compensation for mental damage to Cai A and Cai B. The final judgment was that Cai A and Cai B should pay Li a wedding service fee of 24,935 yuan.
The judge said
The Chinese nation has attached great importance to weddings since ancient times. For newlyweds, a wedding is a special ceremony of great commemorative significance. It is a carrier of spiritual interests and reflects the yearning and blessings for married life. The scene cannot be repeated and reproduced, and it has symbolic meaning of personality. When handling wedding service contract disputes, the spiritual value of the wedding scene layout and video materials to the parties cannot be ignored. Only in this way can interests be balanced to a greater extent and the parties' psychological recognition of the referee be enhanced.
Original title:
Wedding operators arranged the wedding venue for secondary use without authorization
Court: It constitutes a breach of contract and should bear liability for breach of contract and mental damage compensation
Jimu News Comprehensive People's Court Report
(Source: Jimu News Comprehensive)
For more exciting information, please download the "Jimu News" client in the application market. Please do not reprint without authorization. Welcome to provide news clues, and you will be paid once accepted.The 24-hour reporting hotline is 027-86777777. The wedding company undertook two weddings on the same day and in the same venue. actually used the on-site decoration of the previous wedding without authorization for the newlyweds of the second wedding. The newlyweds of the first wedding were very angry when they learned about it. refused to pay the wedding expenses. And the wedding The company also did not deliver wedding video materials Recently, the Intermediate People’s Court of Shantou City, Guangdong Province concluded the case In October 2022, Cai A and Cai B entered into a wedding service contract with Li due to the need to hold a wedding, entrusting Li to provide wedding host, video photography, dance programs, wedding car attire, The total cost of wedding venue decoration and other services is 39,835 yuan. After the wedding, Li did not dismantle the wedding scene decorations. After making slight modifications, he used them for another couple's wedding that night, and posted relevant videos of the scene to the Internet. After learning about it, Cai A and Cai B refused to pay the wedding service fee on this reason, and Li also failed to deliver the wedding video materials. Later, the two parties filed a lawsuit with the People's Court of Chenghai District, Shantou City. The court of first instance ruled that Cai and his wife should deduct RMB 7,920 from the RMB 19,800 they should pay for wedding site decoration. Cai refused to accept the decision and appealed to Shantou Intermediate Court. During the litigation, Cai A and Cai B registered for divorce. After hearing, the court of second instance held that Li used the wedding decoration plan for secondary use without the consent of Cai A and Cai B, and failed to dismantle the wedding decoration in time after the wedding, causing damage to another person on the same day and in the same venue. To newcomers The main design elements and personalized aesthetic expression details of the wedding scene layout were basically used, which undoubtedly destroyed Cai A and Cai B's beautiful memories of the wedding and the intellectual work they put into the wedding decoration, and violated Cai A and Cai B's Person B's expectation of having a unique and exclusive wedding constitutes a breach of contract and shall bear corresponding liability for breach of contract. When the responsibility for the wedding venue layout to be used by others has not been clarified, it is reasonable for Cai A and Cai B to refuse to pay the relevant fees, and refusing to pay is not a reason for Li to refuse to deliver the wedding video materials. Wedding video materials are specific commemorative items with important personality symbols and permanent commemorative significance. They are timely and precious. Although the two parties did not agree on the delivery time of the wedding video materials, Li said that he could not complete the editing and production of the video materials more than three months after the wedding, which was obviously beyond the necessary preparation time. It can be determined that Li did not perform the delivery of the wedding video in a timely manner. Image data obligations. Li's breach of contract has objectively caused certain mental damage to Cai A and Cai B. In view of the fact that Cai A and Cai B have registered for divorce, both of them expressed their unwillingness to receive the video materials of the wedding. Li There is no need to deliver. Based on Li's breach of contract and the actual expenses incurred in performing the contract, the court of second instance decided that Li, Cai A and Cai B should each bear one-half of the wedding decoration site costs, which is 9,900 yuan, and at the same time, The service fee was further reduced by 5,000 yuan as Li's compensation for mental damage to Cai A and Cai B. The final judgment was that Cai A and Cai B should pay Li a wedding service fee of 24,935 yuan. The judge said The Chinese nation has attached great importance to weddings since ancient times. For newlyweds, a wedding is a special ceremony of great commemorative significance. It is a carrier of spiritual interests and reflects the yearning and blessings for married life. The scene cannot be repeated and reproduced, and it has symbolic meaning of personality. When handling wedding service contract disputes, the spiritual value of the wedding scene layout and video materials to the parties cannot be ignored. Only in this way can interests be balanced to a greater extent and the parties' psychological recognition of the referee be enhanced. Original title: Wedding operators arranged the wedding venue for secondary use without authorization Court: It constitutes a breach of contract and should bear liability for breach of contract and mental damage compensation Jimu News Comprehensive People's Court Report (Source: Jimu News Comprehensive) For more exciting information, please download the "Jimu News" client in the application market. Please do not reprint without authorization. Welcome to provide news clues, and you will be paid once accepted.The 24-hour reporting hotline is 027-86777777.
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