wedding photographer just cancelled need help

denise7898

hi, just had email from photographer we had booked for our wedding on 27th september ( civil ceremony in killarney co kerry) saying he needs to cancel as he just found out his brother is getting married overseas on the same day as our wedding.
help from anyone with info on an available photographer would be much appreciated
thanks

Paulw

What help do you need?

What does your contract with the photographer state, in relation to cancelling?

denise7898

contract says

If the photographer cannot perform this agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then the photographer will return all fees to the Client(s) (minus any costs already used i.e. plane tickets) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. Client(s) agree that an entire wedding cannot be replicated, re-enacted or repeated for the purpose of a re shoot and limits the photographer’s liability to the amount paid under this contract.

CabanSail

Copied OP to the Services Thread.

Please only discuss the incident in here.

Offers of work via PM only.

Thanks

magicbastarder

that's a fine contract - so if his equipment malfunctions and you get no photos, he retains all monies he's spent up to that point?

Paulw

From reading it, the contract does not give the photographer valid reason to breach the contract. He is pulling out because of a mistake he made in having something else on. It is not that he cannot provide the service, it is that he does not want to, due to another event.

To my mind, he should provide you with a photographer for the event, and you should pay no more than already agreed. The photographer should be of equal or superior quality to the work he had agreed to provide to you.

denise7898

this was the reply i got

Unfortunately I am indeed serious.

Due to personnel circumstances outside of my control it has forced me to cancel the offering of services to provide photography for your wedding.

To explain regarding email rather than a phone call - I am currently away from home for the last few weeks and this news reached me moments before I sent you the email.

It is for this reason I will return your full deposit of xx. Can you forward me bank details or I can post a postal order.

My sincere apologies for you letting you down. This is the very first time I have been put in a situation to cancel a wedding but as stated it is outside of my control.

I can recommend some photographers operating in your locale. By all means if you explain this to them they will endeavour to supply photography services for your wedding


HE MAKES IT SOUND LIKE HE'S DOING ME A FAVOUR RETURNING DEPOSIT

Wabbit Ears

The photographer is in breach of contract as he can do the wedding but is choosing not to in favour of a social engagement (his brothers wedding where he is a guest).

I would request the contract remain in place and the photographer has someone else do the gig in his absence.

wgk

Had you much of a deposit paid to this guy?

Get your hands on a Killarney Advertiser or Killarney Outlook, two Killarney specific weekly publications. Wedding photographers are a pound a penny in those with examples of work included weekly.

thefizz

The circumstances are not beyond his control, he can do your wedding but he simply wants to be somewhere else instead. Nothing in the contract covers this.

Very unprofessional.

denise7898

i had another reply stating ''or other cause beyond the control of the parties''
This is a commercial decision as I am unable to offer my services to you and there is no clause to have any replacement or alternative photographer.

well i wouldnt want him at my wedding anyway have been emailing all day so hopefully will get sorted soon

thefizz

Deciding to go to someone's wedding is not a situation beyond his control. He has actually left himself open by informing you why he can't photograph your wedding.

If it was me, I'd insist he at least provide another photographer of similar or better ability.

Have you rang the consumer affairs association or citizans information etc for advice?

Nervous Wreck

Thread is bizarre... Like, I get that it's annoying that he cancelled but... Surely the important thing now for the op is getting a new photographer and not wasting their time/energy chasing the other guy for breaching a contract.... It's annoying but getting a new photographer should be the main focus surely...

Agent Smith

Nervous Wreck wrote: »

Thread is bizarre... Like, I get that it's annoying that he cancelled but... Surely the important thing now for the op is getting a new photographer and not wasting their time/energy chasing the other guy for breaching a contract.... It's annoying but getting a new photographer should be the main focus surely...

Read this entire thread, and thought the exact same thing!

Paulw

Go look for a new photographer. Inform your previous photographer that you consider him in breach of contract and that you will be taking legal action against him, and that you plan to seek the full cost of hiring a new photographer from him, even if it is more than your original contract value.

Check out the Small Claims Court. Depending on the fee agreed in your contract, it may be covered under this.

Go see a solicitor, and get the paperwork going.

But, definitely go seek a new photographer as soon as you can.

denise7898

thanks for all replies

for those who think this thread is 'bizarre' if you read original post you would see i was only asking if anyone knew of someone available on my date and i only answered peoples questions that were asked.

im still not sorted but im sure something will happen in the next few days

kensutz

For a photographer to "suddenly find out that his brother is getting married" a month in advance is definitely suspicious. I'm sure if I was going to a wedding that I'd have appropriate notice, especially if it is overseas.

I'm free on that day but located in Waterford so it's a bit of a trek. I do know of a photographer in the area that might be able to help you out.

Zillah

The guy is definitely in breach of contract, but I have to question whether there is any point pursuing him. Even if he agreed to arrange a replacement photographer, there's no knowing how good the replacement would be. It is crappy of him to bail like this, and definitely give him a bad review, but otherwise the priority is getting someone you're happy with (which I know you're doing).

One thing you are entitled to do is to find a replacement photographer you are happy with, and if he is any more expensive than the first guy, you can make the first guy pay the difference. Small claims court will award that in a heart beat, as it is his breach of contract that put in that difficult position. So don't worry about price when you're looking for the replacement

No harm telling him that that is your intention, too. He knows he's in the wrong, he'll just try to bluff this wedding as a situation "beyond his control".

wgk

The small claims court has been mentioned a couple of times but this would only apply to a max claim of €2,000, with many wedding photography players being over that these days.

Also it was never confirmed if the OP had a deposit paid. I only say this cos I have come across guys involved in weddings, e.g. Bands, car hires, church red carpets etc who all had "bookings" but with no deposit secured. They ended up taking alternative jobs etc. This was probably much to the annoyance of the original party but it is an important factor, especially when legal action is being suggested a lot on here.

Zirconia

wgk wrote: »

Also it was never confirmed if the OP had a deposit paid.

If you read the full thread, you'd see the email the Photographer sent the OP:

"It is for this reason I will return your full deposit of xx. Can you forward me bank details or I can post a postal order."

I'd second the advise of Paulw in post #15