· Información legal
Can I claim compensation from my wedding catering company if things go wrong?
A wedding is one of the most significant events in a couple’s life. Precisely for this reason, contracts entered into with catering, restaurant and event organisation companies generate particularly high expectations, and when those expectations are frustrated the outcome may be not only a reduction in price or a refund of the amount paid, but also the recognition of moral damages.
Spanish case law has been consolidating an increasingly protective doctrine for consumers and users when a catering company fails to fulfil its contractual obligations and, as a result, the wedding does not proceed as agreed.
What is a wedding catering contract from a legal standpoint?
From a legal perspective, the courts typically classify these contracts as a contract for services, governed by the Spanish Civil Code, under which the organising or catering company undertakes to provide a series of services aimed at the proper conduct of the wedding breakfast and, on occasion, the entire event.
Where performance is defective, the contractual liability provisions set out in Articles 1101 et seq. of the Spanish Civil Code come into play, which require compensation for the damages caused by fraud, negligence or breach of the obligations assumed.
Furthermore, since these are typically business-to-consumer relationships, the consumer and user protection legislation also applies.
When can you file a complaint against a catering company and seek compensation?
It is important to clarify that not every minor incident automatically gives rise to a right to compensation. For a claim to succeed, case law requires four elements to be present:
- A demonstrable breach of contract.
- An actual loss (material or moral).
- A causal link between the catering company’s failure and the harm suffered.
- That the conduct be attributable to the organising company.
Breaches may relate to food-related, organisational or infrastructure matters. Below, we review the most common grounds on which wedding restaurants or catering companies are sued.
Food poisoning from contaminated food at the wedding breakfast: the most serious breach
Serving food that is not fit for consumption or causing food poisoning at the wedding breakfast is one of the principal grounds for seeking liability. A highly relevant precedent is the Judgment of the Provincial Court of Ciudad Real, no. 173/2009, of 19 June.
In that case, numerous guests and the bride herself suffered food poisoning during the wedding breakfast. The court held that there had been an essential breach of contract, since a catering service must operate with «the most exquisite hygienic diligence». As a result, the company was ordered to:
- Refund the full price of the wedding breakfast.
- Compensate for the honeymoon that was lost due to the bride’s illness.
- Compensate for the days of recovery.
- Pay moral damages to both spouses.
Particularly noteworthy is the Provincial Court’s statement that the loss of the honeymoon goes beyond mere financial loss, as it constitutes the deprivation of a unique and unrepeatable experience associated with marriage:
«The impossibility of enjoying the honeymoon represents a loss that goes beyond the merely financial value of that trip, and takes into account the impossibility of sharing with one’s partner the first trip after the wedding.»
Organisational deficiencies and service failures
The civil liability of a catering company is not limited to health-related issues. Organisational failures are also compensable. The Provincial Court of Jaén (Judgment 97/2021) upheld a substantial award of damages on account of multiple breaches, including:
- Portable toilets without lighting.
- Lack of ice for drinks.
- Serious deficiencies in the agreed decoration.
- Insufficient quantities of certain dishes (shortage of food).
- Quality problems with the food served.
This ruling demonstrates that an accumulation of apparently minor incidents may ultimately constitute a contractual breach giving rise to a claim (in this case, the breach was assessed at 40% of the menu price).
Can you claim moral damages in connection with a wedding?
One of the most significant aspects of this type of litigation is the possibility of claiming moral damages. The courts have consistently recognised that a wedding has an obvious emotional dimension that distinguishes these contracts from other ordinary service agreements.
Air conditioning failures: excessive heat or cold
The Provincial Court of Zamora (Judgment 158/2007, of 28 June) awarded €3,600 in moral damages when the air conditioning system advertised by the venue proved inadequate.
During the wedding breakfast, held in the height of summer, the heat became unbearable for the guests. The Provincial Court considered it established that the couple had suffered distress upon witnessing how their family and friends were unable to enjoy the celebration properly. The judgment highlights that moral damages may be inferred from the very circumstances of the case, without the need for particularly rigorous proof, applying the well-known in re ipsa doctrine.
Power cuts and electrical failures: lack of contingency planning by the venue
Another recurring feature in wedding claims is power outages. The Provincial Court of Seville (Judgment of 14 June 2004) found against a venue following a fire in the electrical panel, which resulted in:
- Drinks being served warm.
- Fish arriving cold.
- The open bar not functioning.
- Guests leaving early.
The Provincial Court held that there had been a clear lack of professional diligence, given that the electrical problems had been shown to have been known about beforehand.
In similar terms, the Provincial Court of Valencia (Judgment 525/2022) found against a company after leaving the couple without electricity for three hours. The court rejected the argument of force majeure due to storms, stating that a professional company must have contingency plans or generators in place to avoid ruining the event.
The Provincial Court confirmed an award of damages covering:
- A reduction in the price of the services.
- Defective performance of the contract.
- Moral damages arising from the ruining of the wedding.
What financial heads of claim can you pursue against a catering company?
In light of the current case law, the affected couple may seek:
| Head of Claim | Description and Practical Examples |
| Refund of price | Full or partial reimbursement of the amount paid for the wedding breakfast and services not provided or provided deficiently. |
| Material damages | Costs arising directly from the problem: urgent medical expenses, ruined outfits, loss of the honeymoon, etc. |
| Moral damages | Financial compensation for emotional distress, frustration and the general ruining of the event. |
Frequently Asked Questions (FAQ) before making a claim against a catering company
What evidence do I need to make a complaint against my wedding catering company? It is essential to gather all types of evidence: the signed contract, prior emails or WhatsApp messages, photographs and videos from the wedding day showing the deficiencies, witness statements from guests and, in the event of food poisoning, medical reports and accident and emergency records.
How long do I have to claim for a breach of a catering contract? As a general rule, since this involves a contractual breach, the legal time limit for bringing a civil claim is 5 years. However, if specific non-contractual damages are being claimed, the time limit may be shorter. It is vital to consult a specialist breach of contract lawyer as soon as possible to assess the viability of your case.
Do I have to pay the catering company’s full invoice if the service was a disaster? If you have not yet paid the full amount and the service was manifestly deficient, we recommend seeking legal advice before making the final payment. You could consider making the payment by notarial deposit or withholding a portion on the basis of the breach, in order to compel an amicable negotiation.
Conclusion
Spanish case law shows a clear trend: catering companies are required to provide their services to a high standard of diligence. Where there is food poisoning, organisational deficiencies, inadequate air conditioning or power cuts that frustrate the couple’s expectations, contractual liability arises.
The courts are consistent in their view that a wedding is not an ordinary event. Its exceptional nature means that breaches carry particular legal weight, giving rise to significant awards of compensation in favour of the affected couple. If your wedding has been ruined by the negligence of the organisers, you have the right to claim what you are owed.