A videography company did not show up for my wedding and sent me the following e-mail after I contacted them:

Greetings Ms. XXXXXX:
Persuant to the disturbing call I received from you in the evening of 6/16/07
During which time you informed me that our video team did not show up to record
Your wedding, I have researched our records and I am sadden to report that we
Both are victims of a serious break down in communications. All of the
Documents we have, including the contract, our work schedule and subsequent
Exchange of emails, identify your wedding date as 6/23/07 rather than 6/16/07.
Needless to say, we regret this unfortunate occurrence. Such has never happen to
Us before. We are most regretfull that we were unable to help you memorialize
Your special day.
In that we must share some of the responsibility for the break down in
Communication, we will flex our policy and provide you with a full refund of
Money you have paid us todate.
Sumarily, please accept of sincere apology and best wishes.




Below is the Terms of contract that we agreed on:

Terms and conditions: 1. It is the responsibility of the client to secure approval for the company to video in and around the location. 2. A $200 deposit is required to reserve the date. 50% of balance must be paid one month prior to wedding. Balance must be paid upon receipt of final DVD products. 3. If the customer chooses to cancel the contract, the company will refund any monies beyond the $200 deposit if cancellation occurs at least 30 days prior to wedding. 4. XXXXXXXXX Productions will take utmost care to produce a tape of excellent quality. However, we will not be responsible for circumstances beyond our control, including but not limited to power failure, equipment malfunction or defective tape stock. If taping is prevented due to such occurrences, all money paid will be refunded. Neither the company nor any representative will be liable for damages exceeding the total cost of the video production. 5. Comments or suggestions must be made within 14 days of receipt of the video. After that time, raw footage will be mastered to DVD and removed from hard drive and delivered to the customer. 6. The company cannot retain master copies of wedding videos for customers. 7. The company reserves the right to use any images and or audio from the videotape or any portions of the videotape for promotional or educational purposes unless other wise indicated by the client. Client Signature______________________ Note: The return this document and the required deposit fulfills the contractual requirements for services to be rendered.

My question is can I sue them for loss of enjoyment (they already offered the refund) since I do not have a wedding video to show my children and grandkids etc. By the way, their claim about me agreeing to the wrong date is false. My wedding date has not changed since Oct 06. I did not enjoy them doing this to me and do not want them to do it to someone else.

Hello newlywed:

Unfortunately, you have to show monetary damages in order to win a lawsuit. Certainly, you have emotional damage... but you can't collect on that.

excon

According to them, all their documentation says the date was the 23rd. Do you have any documentation to prove otherwise? You might be able to get compensation for emotional duress, but since they are offering a full refund, I doubt if there is anything else that can be done.

There are many circumstances where a supplier can be responsible for damages far in excess of the goods or services they delivered or were supposed to deliver.

For example if a tainted $2 hamburger gave someone food poisoning, or if a faulty $40 replacement car part caused a vehicle fire or if a $10,000 performer failed to show up at a concert where thousands of people paid $100 to attend the damages to the customer in each of these examples can be far greater than the contract price.

Obviously the video had a far greater value to you then the money you were prepared to pay for it. You could try to sue for that amount. The court, however, may want to know what steps you took to mitigate your damages (ie. Did you try to call another videographer that day or did you try to assign the task to one of your guests who may have had a video camera).

The greatest difficulty you will have is the contract clause limiting the videographer's liability to the cost of the services. There is, however, case law that deals with clauses that attempt to limit ones liability. You may need to find such cases or authorities to help you in this regard.

They've accepted full responsibility and offered you a full refund. I doubt that you have any further cause against them.