Have a fairytale wedding
It's every couple's dream
A couple in the old town
But encountered a "not so satisfactory" wedding
Wedding celebration scene on main stage background
The pinyin of the groom's name "pan" is displayed as "han"
What is the word art effect? Or a major mistake?
Should it be compensated?
basic case
In June 2021, Mr. Li entrusted the wedding celebration to a wedding company in Luoyang. After communication and confirmation, the service items included host, camera, photography, sound and light, stage background shading, stage paving, stage, etc. The service fee totaled 2.39 million. From June 30, 2021 to July 29, Mr. Li successively paid the service fee through WeChat transfer.
On July 30, 2021, on the day of the wedding celebration, the font effect of Mr. Li's name "panlong" on the main background of the stage was "hanlong", which caused misunderstandings to the guests on site and also affected the video data shot on that day.
Since the negotiation between the two parties on compensation failed, Mr. Li sued to the People's Court of the Old City.
Groom: The big things in life go wrong, I can't accept it!
During the wedding, many guests found that the pinyin of their name in the middle of the stage background wall was printed as hanlong, which caused misunderstandings to hundreds of guests at the scene, and caused irreparable losses to future data preservation, image development and preservation. , wedding celebrations, major events in life, and grand scenes cannot be reproduced. The woman feels that the man does not pay enough attention to the wedding. This mistake will cause the two new people and their families to have an undue spiritual and psychological shadow and crux.
The wedding company is required to compensate 14,522 yuan for the wedding expenses and 5,000 yuan for spiritual damages. The litigation costs in this case shall be borne by the wedding company.
Wedding company: This is the word art effect, I don't bear this pot!
I have fulfilled all the obligations of the contract. The pinyin is an artistic word converted from English fonts. This case is caused by Mr. Li's own cognitive error. After Mr. Li fully knows the facts, he still wastes public social resources and judicial resources. Rao's unreasonable behavior has violated the principle of good faith and the core values of socialism. Therefore, Mr. Li's claims should not be supported, and the court should reject Mr. Li's claims in accordance with the law.
Court decision
1. The defendant's wedding company refunded the plaintiff Mr. Li's service fee of 800 yuan;
2. The defendant wedding company compensated the plaintiff Mr. Li for mental damages of 2,000 yuan;
3. To dismiss other claims of the plaintiff, Mr. Li.
The case applies the small claims procedure, the first instance is final, and the judgment has taken legal effect.
Judge's statement
Yu Wei, Deputy Chief Judge of the Case Filing Division of the Old City People's Court: In this case, the celebration service contract signed by the wedding company and Mr. Li only stipulated the service items and prices to be provided. How to determine whether the wedding company has fulfilled its contractual obligations should be determined from the content of the celebration service contract and the purpose to be achieved.
The first and one of the important purposes of the wedding celebration should be to let the guests who come to the wedding know the name of the new couple, and to show the relatives and friends of both parties the importance of each other with the visual presentation effect of the wedding. The spelling effect of the groom's name is hanlong, causing misunderstandings to the bride's relatives and friends who are unfamiliar with the groom, especially those who know the groom for the first time. Therefore, it should be an important obligation of the contract to ensure that the groom's name is presented in a correct and effective way in the main background of the wedding stage. The wedding company in this case did not fulfill the contractual obligation of "presenting in a correct and effective way", which constituted a breach of contract.
Regarding the spiritual damages claimed by the plaintiff, Mr. Li, first of all, the wedding is a manifestation of spiritual interests for the newlyweds, and it is the yearning and blessing for a better life. The scenes of the wedding cannot be copied or reproduced. The personality and spiritual interests it carries It is far greater than its own cost value; secondly, the national standard of "Marriage Celebration Service" clearly states: marriage celebration service organizations should emphasize the importance of meeting customer needs, and make timely revisions and improvements according to the organization's purpose and customer needs; Appropriate methods are used to track the process of the service quality management system to confirm that the expected results have been achieved. When the expected results are not achieved, appropriate corrective actions should be taken to ensure that services and products meet customer needs.
The plaintiff Mr. Li's name pinyin displayed in the design of the defendant's wedding company caused misunderstanding of spelling errors to the on-site guests, and caused certain mental damage to the plaintiff Mr. Li. Therefore, the court decided that the defendant's wedding company should compensate the plaintiff Mr. Li's mental damage fee of 2,000 yuan. Yuan.
From: Henan High Law
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