the wedding was over, but after checking the video, i found that the couple's entrance, speeches and other aspects were not complete...
2024-09-26
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the wedding was held with great joy
a warm and solemn moment
worth recording
received the wedding video and took a look
important links are incomplete or even missing!
the ceremony cannot be repeated, and expectations have turned into regrets
case brief
in february 2023, a ming and xiao fang negotiated wedding service projects with the wedding etiquette company and signed a service contract, stipulating that the wedding etiquette company would undertake all wedding matters including photography and videography, and also stipulating that if the company failed to perform the contract and caused losses to the customer, it would refund 1-2 times the amount received for the service project. the service sheet attached to the contract listed the amount of each project, with a total cost of 36,666 yuan.
on the day the contract was signed, a ming transferred a deposit of 6,666 yuan to the wedding etiquette company via wechat, and the company set up a wechat group to communicate matters. in september 2023, a ming and xiao fang held their wedding and paid the balance of 30,000 yuan that night.
in october 2023, the wedding etiquette company sent some videos of the newlyweds putting on makeup and picking up the bride in the wechat group. amin replied, "the video is ok. when will the later video be sent to me?"
in november, the wedding etiquette company sent a video link of the wedding scene. after watching it, a ming and xiao fang found that the video was missing scenes such as the bride and groom entering the venue and the flower girl presenting the ring. the scenes of the groom's father giving a speech and the witness witnessing the marriage were also incomplete.
ming and xiaofang believed that the wedding ceremony company did not film the bride and groom entering the venue, the flower girl delivering the ring, etc., which were of great significance to them, and they demanded that the wedding ceremony company return the wedding fee of 36,666 yuan, compensate 36,666 yuan and mental damages of 20,000 yuan. the wedding ceremony company believed that video photography was only one of the wedding services, which included wedding photography and wedding photography, with a total cost of 1,600 yuan, and expressed its willingness to compensate 2,000 yuan.
after unsuccessful negotiations, a ming and xiao fang took the wedding etiquette company to court.
court hearing
the court found that the wedding video footage of a ming and xiao fang lacked some important scenes of the wedding dinner, and the wedding dinner videography fee agreed upon in the wedding service contract between the two parties was 800 yuan.
the court held that the wedding service contract signed by the two parties was legal and valid. due to the mistake made by the wedding etiquette company, the wedding video lacked meaningful scenes. according to the breach of contract clause, the wedding etiquette company should bear the liability for breach of contract.
wedding images record important events in life and have permanent commemorative significance. the scenes, characters and expressions at that time are temporal, precious and non-reproducible. they are specific commemorative items that are irreparable and irreplaceable. the personality and spiritual interests they carry are far greater than their own cost value. the mistakes of the wedding etiquette company did cause certain mental damage to amin and xiaofang.
in the end, the court ruled that the wedding ceremony company should refund 800 yuan of video service fees for the wedding dinner of a ming and xiao fang, compensate for the loss of 800 yuan for breach of contract, and compensate for 10,000 yuan in mental damages. the judgment has come into legal effect.
legal links
article 996 of the civil code
if one party’s breach of contract infringes upon the other party’s personality rights and causes serious mental damage, and the injured party chooses to request the party to bear the liability for breach of contract, it will not affect the injured party’s request for compensation for mental damages.
the wedding industry is different from the general service industry. the wedding is not only a ritual process, but also an important moment in the lives of the newlyweds. it is of great significance to the newlyweds and their families. wedding dinner photography is not replicable. once some important scenes are missed, they cannot be compensated.
in the wedding video materials involved in the case, scenes such as the newlyweds’ entrance, relatives and friends’ speeches, and witnessing the marriage are missing or incomplete due to the mistakes of the wedding etiquette company. these scenes carry the newlyweds’ beautiful vision of their future life and the good wishes of their relatives and friends. the missing parts have caused certain mental losses to the newlyweds, and the wedding etiquette company should pay corresponding mental damages.
author: zhang jiyu gao yuan
source: jiangsu higher people's court
