Can I recieve a full refund when my wedding photographer could not complete our photos when our wedding was cancelled due to a hurricane?

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Can I recieve a full refund when my wedding photographer could not complete our photos when our wedding was cancelled due to a hurricane?

I paid a photographer 800 to
photograph our wedding that was
cancelled due to hurricane matthew.
They are refusing refund when the venue
was evacuated due to the governor. They
are stating I am in breach of contract
and not owed anything. It was 400
booking fee and 400 wedding fee. The
booking fee was non refundable in the
contract but I believe force majeure
would allow me a full refund. All other
vendors and venues have provided full
reimbursement.

Asked on October 22, 2016 under Business Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the contract said that the book fee was non-refundable, the booking fee is nonrefundable. While typically, you would get a full refund under the circumstances you describe, people are allowed to contract away their rights to refunds, or other compensation or reimbursement: such contractual agreements to give up rights or recourse are enforceable. Based on what you write, that is what you have apparently done.


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