[Direct answer]Generally, the hotel is the first point of contact. The meals for wedding banquets are actually provided by the hotel, which is a food operator and catering service provider. According to the Food Safety Law of the People's Republic of China, the hotel is responsible for the safety and hygiene of the food it provides. If the food provided by the hotel causes any damage, the hotel shall bear the liability for compensation. When conditions are met, punitive damages of ten times the price or three times the loss may also apply. Wedding planning companies are usually only responsible for wedding planning, decoration, and process arrangements, and do not actually provide catering services. Therefore, they generally do not bear food safety responsibilities. However, if the wedding planning company arranges catering on behalf of the client, participates in the catering arrangements, or promises to ensure food safety in the contract, it may bear liability according to the contract or fault. Therefore, the claimant should determine the object of compensation based on the contractual parties and the actual catering providers.

1. Problem background and typical scenarios

On the wedding day, the venue was packed with guests, but many people suffered from diarrhea or even food poisoning afterward. The newlyweds were both embarrassed and angry: the wedding banquet was booked by the wedding company, and the money was also paid to the wedding company—should they blame the hotel or the wedding company? The key to such disputes lies in clarifying who is the main party forming a service relationship with consumers and who actually provided the problematic food.

II. Key points of contention

First, the division of responsibilities between the hotel and the wedding company. Second, the determination of the contractual counterparties. Third, whether punitive damages can be applied. Fourth, claims for losses suffered by the couple themselves and damages caused to guests.

III. Professional analysis by Henglue Lawyers

Firstly, the actual caterers bear responsibility: Hotels that actually provide wedding banquet meals are food operators, and they are responsible for the safety of food according to the Food Safety Law. If they provide food that does not meet food safety standards and cause damage, they should compensate for reasonable losses such as medical expenses, and if eligible, they should bear punitive damages. Secondly, the responsibility boundaries of wedding planners: Wedding planning companies usually provide planning and execution services. If they do not actually provide meals or have no relevant agreements, they generally do not bear food safety responsibilities. However, there are two exceptions: Firstly, if the wedding planner signs a contract with the couple containing catering services in their own name and then delegates the task to the hotel, they may bear corresponding responsibilities at the contractual level. Secondly, if the wedding planner is at fault (such as recommending unqualified catering services or participating in improper catering management). Thirdly, contract and principal review: It is necessary to review the principal with whom the couple signed the contract, the payment object, the invoice header, and the contract content to determine who the service provider is; at the same time, clarify the entrustment relationship between the hotel and the wedding planner to determine the path of claiming and recovering compensation. If multiple guests are affected, they can claim compensation collectively. Fourthly, evidence and procedures: Preserve the wedding banquet contract, payment receipts, menus, guest medical records, and inspection reports, and promptly file a complaint with the market supervision and management department to fix the catering and food issues. If there are multiple parties involved, unifying the evidence perspective is more conducive to identifying the causal relationship. In addition, if the hotel or wedding planner makes food safety commitments in their promotions, menus, or contracts, these can also be used as grounds for claiming and seeking accountability. For cases involving food safety and contract disputes, refer to the relevant provisions.Business and contract disputes in enterprisesThe approach to handling the plates; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

IV. Practical suggestions and legal basis

The first step is to save the wedding banquet service contract, payment and invoices, etc., and identify the contractual counterpart; the second step is to sort out the evidence of guests' medical treatment and inspection, file complaints in a timely manner, and cooperate with the investigation; the third step is to claim compensation from the hotel that actually provided the catering services, and if the wedding organizer is at fault, claim compensation according to the contract or infringement; the fourth step is to file a lawsuit for settlement if no agreement is reached, and claim compensation for multiple people's losses. Main legal basis: Articles 577, 1165, and 1179 of the Civil Code of the People's Republic of China, Article 148 of the Food Safety Law of the People's Republic of China, and relevant provisions of the Consumer Rights and Interests Protection Law of the People's Republic of China; the specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Three tips for protecting your rights at wedding banquets: First, check who actually provides the food. Hotels are usually the first ones to bear responsibility; Second, check who the contract is signed with and who the payment is made to, as this determines whether you can seek redress from the wedding planner; Third, secure evidence as soon as possible. When multiple people are affected, it's more effective to file a joint claim. For issues involving food safety and contract disputes, you can seek legal assistance through the following channels:Personal injury and medical disputesWe provide a comprehensive solution for services, which involves the identification of the contractual parties and their cooperationBusiness and contract disputes in enterprisesA reference for the execution of compensation involving plate tectonicsCreditor's rights and debts, and enforcementColumn, consultation on difficult casesSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: The banquet was booked by the wedding planner. Can I ask the wedding planner to compensate me for it?

It depends on the contractual relationship and the fault. If the wedding company actually provides catering services or is at fault in food safety, the claim can be made based on the contract or infringement; if the company only acts as a liaison and does not provide catering services, the claim should generally be directed at the hotel.

Q2: Can the hotel and the wedding company be sued together?

Yes. According to the contractual counterpart and the party at fault claiming compensation respectively, the court will determine the respective responsibilities based on the subject of responsibility and the causality.

Q3: Who will claim for the guests' losses?

Guests can claim compensation directly from the responsible party for their own damages; the newlyweds can also claim compensation for the losses incurred in the wedding banquet according to the contract, and the two can be handled concurrently.

Q4: Can I claim punitive damages?

If the food does not meet the food safety standards or the operator knows it, the buyer may claim ten times the price or three times the loss, with a minimum of 1,000 yuan, in accordance with the Food Safety Law.

Q5: What should I do if I don't have a test report?

Combine the medical records, the consistency of symptoms, and the fact of having meals together to establish a causal relationship; file a complaint as soon as possible, and let the regulatory authorities investigate and conduct spot checks to make up for the lack of evidence.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Personal injury legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.