That hope unfortunately came to an end on Friday with the Scottish Government urging the public to follow the public health guidance and defer or cancel their Christmas parties due to the growth in the omicron variant - a disappointing announcement for both individuals and businesses alike.
The effect of this announcement has already seen many businesses hit by cancellations over the weekend, whilst for individual its likely group chats have been filled with difficult decisions about whether to cancel or go ahead with the Christmas party.
Regardless of which side of the bar you are on, a key issue is likely to be that of refunds.
Where do matters stand legally?
The starting point has to be the terms and conditions that venues and customers entered into when booking their Christmas party.
Do these terms and conditions permit for you to agree a deferment to another date at no additional cost?
Is there a non-refundable deposit clause?
Is there a pandemic clause or a staged refund clause depending on how close cancellation is to the event?
Beyond the terms and conditions, consideration needs to be given to whether the contract between parties is frustrated.
In other words will the event that can take place be radically different that than booked or not possible at all.
At the time of writing, the answer to this question is likely no.
This means that any cancellation at the customers instigation would, subject to the terms and conditions, mean no refund was due.
However, this situation may be subject to change depending on any restrictions announced at Holyrood in the coming days.
The legal prohibition on Christmas parties or full closure of hospitality would represent a frustration scenario.
A prohibition on live music, consumption of alcohol indoors or restricted opening hours if brought in, makes matters less clear cut but is also likely to point to a contract being frustrated.
So what to do?
For business it’s a difficult question.
From the legal view, you may currently be permitted to retain all monies received in the event that individuals decide to cancel.
However, experience shows that businesses need to take a view beyond the legal one and therefore consider whether retention off all funds paid could result in a bigger loss of future bookings.
A halfway ground may be agreeing with parties to a postponement of the event to early 2022, which if cancelled would result in no refund being given.
This is an option that keeps all safe and does not see anyone out of pocket.
For individuals, the law is unlikely to be currently on your side in the event of cancellation.
The starting point must be the terms and conditions of the booking followed by a constructive dialogue with the venue.
If your event is to take place this week then it’s likely that costs will have been incurred in the ordering of food and drink.
Could this be deducted from any refund you are seeking?
Could you agree to defer?
It’s likely the next few days will either bring further clarity or confusion to matters.
In any event a cool head and willingness to compromise on both sides will likely be key.
