If a wedding celebration for which a location has already been rented has to be canceled due to the Corona pandemic, the couple still has to pay the room rent. This was recently decided by the Federal Court of Justice (BGH). In the case at hand, a couple from North Rhine-Westphalia had married in a civil ceremony on December 11, 2018, and planned a wedding celebration with 70 guests for May 1, 2020. The couple had paid the rent of 2,600 euros for the location in advance.
However, it was not possible to celebrate on May 1, 2020, because events as well as gatherings and assemblies in public spaces of more than two people had been prohibited due to the North Rhine-Westphalian Corona Protection Ordinance in force at that time. The organizer then offered the couple alternative dates. The couple, however, asked for a refund of the rent and also declared their withdrawal from the contract.
The case eventually ended up before the Gelsenkirchen Local Court, which dismissed the couple's claim. The couple then took the matter to the Essen Regional Court. The court ruled that the organizer had to repay the couple 1,300 euros. The case then ended up before the Federal Court of Justice. The BGH concluded that the restrictions of the COVID 19 pandemic did not make it impossible for the organizer to "grant the couple the use of the rental object [...]". In addition, the BGH believes that it would have been reasonable for the couple to relocate the wedding celebration. However, it also points out that the decision depends on the individual case.
Source: BGH (AZ: XII ZR 36/21)
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