The month of June begins the season of weddings, communions and baptisms. Events that are planned by their participants down to the last detail with the aim of making it a perfect day.
Therefore, so that you do not have unpleasant surprises, at Audacia Abogados we recommend that you compare prices in different establishments as a preventive measure and leave everything well defined in writing in a contract. This must detail all the aspects agreed with the suppliers such as the date of the celebration, the number of guests, price per person, the precise place of the celebration, the forms of payment, the amount that has been delivered as a reservation and the contracting conditions expressly contemplating, also, a possible cancellation and penalties in case of unforeseen events.
Even if you have everything well organized, there are several incidents that can arise on the day of the celebration. At Audacia Abogados we compile some of these setbacks and we indicate what type of claims you can demand in each case.
What legal options are there if the dress does not arrive on time or is not finished?
We emphasize that the consumer can claim the establishment for lack of conformity, if the dress has not been well or for breach of contract if the contract is not received. This breach is described in articles 1101 and 1124 of the Civil Code that refer to the general regulations of obligations and contracts.
For example, if the dress does not arrive on time, the business will have to reimburse the affected party for the amount paid plus any damages that can be proven, including moral damages. To claim compensation for damages, it must be proven that they exist.
The procedure to be followed is to fill out a claim form at the establishment or to request a consumer arbitration if the establishment is a member, in both cases being free for the consumer. Ultimately, you may opt for a lawsuit.
Can I claim if the restaurant decides to change the menu without warning?
We suggest you have several menu options planned and record the possible allergies and intolerances of the guests.
If at the last moment the restaurant cannot serve the contracted menu or part of it because, for example, the products have not arrived on time, compensation can be claimed from the establishment which, depending on the seriousness of the non-compliance and the predisposition of the same, you will have to look for an alternative or solution that minimizes the damage caused to the client.
What if the guests are poisoned during the meal?
In the situation of food poisoning caused by the intake of food in poor condition, the establishment must be claimed for civil liability. Normally, restaurants have a policy that covers these risks.
It is also very important to gather and accredit all the means of proof that justify the food eaten at the restaurant, the date of the event, the restaurant bill, the medical report from the hospital where the guests attended, as well as the causal relationship between the pathology suffered and food intake. Likewise, it is advisable to provide an expert report that quantifies the damage.
What happens to your banquet if the farm where it takes place goes bankrupt?
In this case, you have to claim the refund of the amount paid as a reservation plus compensation for damages that can be proven, such as, for example, the difference in price that those affected have to pay for the celebration of the event in another similar restaurant.
However, in this situation, the claim is complicated because it would be necessary to appear in the bankruptcy incident and assess the damages before the bankruptcy administrator.
What if the guests fall during the celebration and end up in the emergency room?
If a guest suffers injuries due to a fall caused due to poor maintenance of the facilities or poor floor conditions, compensation can be claimed by exercising tort liability.
Likewise, the injured party has the right to claim compensation in order to repair the damage caused as a result of the lack of diligence of others. From our office we explain that this duty derives from the obligation established in article 1,902 of the Civil Code, which establishes that whoever by action or omission causes damage to another, involving fault or negligence, is obliged to repair the damage. caused.
Normally, establishments have civil liability insurance that covers these risks.
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