Contract glossary

Force Majeure in Event Contracts 2026: Post-Pandemic Clause Guide

25 April 2026·8 min read

TL;DR. Force majeure lets either party cancel without penalty when extraordinary events make performance impossible or impractical. Post-2020, "impracticability" (not just "impossibility") is standard. Must enumerate: pandemics, government restrictions, airline strikes, natural disasters, terrorism, cyberattack. European civil-law jurisdictions have broader force majeure than UK common-law. Always add mitigation clause and 50-50 cost-sharing for non-enumerated events.

The pandemic rewrote every event contract template. If your hotel contract still uses 2019 force majeure language, you're exposed. This guide shows what modern force majeure should look like.

What force majeure does legally

Force majeure (French: "superior force") is a contract clause that releases one or both parties from obligation when an extraordinary event prevents performance. Without the clause, you're bound even when reality makes performance impossible or unreasonable.

Pre-2020 vs post-2020 drafting

Pre-2020 (avoid)

"Neither party shall be liable for delay or failure of performance resulting from acts of God, war, or other causes beyond their control, rendering performance impossible."

Problems:

"Impossible" is a high bar; pandemic travel advisories don't meet it
No specific enumeration of modern risks
No mention of government-imposed restrictions
Vague "beyond their control" invites litigation

Post-2020 (current standard)

"Either party may terminate this Agreement without liability if performance is rendered impossible or commercially impracticable due to any of the following: (a) pandemic or epidemic declared by WHO or European CDC; (b) government-imposed travel restrictions, quarantine, or curfew affecting destination or significant portion of attendees' origin countries; (c) strike or lockout by commercial airlines operating to destination exceeding 5 consecutive days; (d) natural disaster affecting destination; (e) acts of war, terrorism, civil unrest within 100km of destination; (f) cyberattack on hotel infrastructure disabling operations for more than 48 hours; (g) any other event beyond the parties' reasonable control..."

Key terms to negotiate

1. Impossibility vs impracticability

"Impossibility" = literally cannot perform (hotel destroyed by earthquake).

"Commercial impracticability" = performance becomes unreasonably burdensome (30 percent of delegates can't legally enter country due to new visa rules).

Always negotiate for "impracticability" OR "impossibility" as trigger. Pandemic did not make events physically impossible; it made them impractical.

2. Enumerated events

Explicit list is MUCH better than open-ended "beyond control". Enumerate:

Pandemic or epidemic (with specific triggers: WHO declaration, CDC/ECDC advisory level)
Government restrictions (travel, quarantine, curfew, capacity limits)
Airline strikes exceeding X days
Natural disasters (earthquake, flood, hurricane, wildfire) affecting destination
Acts of war / terrorism within specified radius
Civil unrest or protests affecting safe delegate access
Cyberattack on hotel infrastructure
Public utility failure (electricity, water) exceeding X hours

3. Notification timing

Party invoking force majeure must notify within X days of event.

Standard: 5-10 business days
Too aggressive: 48 hours (insufficient time to assess)

4. Obligations upon triggering

What happens when force majeure applies?

All deposits refunded within Y days (standard: 30)
Event rescheduled to mutually agreed date within Z months (standard: 12-18)
No cancellation fees, no attrition liability
No minimum F&B charges
Legal fees borne by each party

5. Partial force majeure

Increasingly common: force majeure affecting some but not all performance.

Example: 30 percent of delegates' origin countries have travel restrictions. Should event proceed with 70 percent or cancel?

Negotiate: if force majeure affects 25 percent or more of expected attendance, client may postpone without penalty.

European jurisdictions: force majeure differences

Civil-law countries (France, Germany, Spain, Italy, Netherlands)

Force majeure is embedded in civil code. Even without explicit clause, courts may apply statutory force majeure doctrine. Generally planner-favourable.

Common-law countries (UK, Ireland)

No statutory force majeure. What's in the contract is what you get. Frustration-of-purpose doctrine exists but high bar. Always include explicit clause.

Nordic countries (Sweden, Denmark, Norway, Finland)

Mixed systems. Explicit clauses still recommended, but courts tend toward equitable outcomes.

Mitigation obligation

Modern force majeure clauses require both parties to mitigate: try to perform if possible, find alternatives, minimise losses.

Example mitigation language:

"Each party shall use commercially reasonable efforts to mitigate the effects of the Force Majeure Event, including exploring alternative performance dates, hybrid delivery, or partial performance acceptable to both parties."

This protects hotels from planners who use force majeure as cover for unrelated cancellation.

Cost-sharing for edge cases

For events that are debatable (borderline force majeure), a 50-50 cost-sharing clause is emerging:

"Should the parties disagree whether an event qualifies as Force Majeure, they shall share any non-recoverable costs (third-party contractor fees, AV deposits, printed materials) equally, without further claim against each other."

What to audit in your current contracts

Does the clause list pandemic explicitly?
Does it use "impracticability" as a trigger, not just "impossibility"?
Does it enumerate government restrictions?
Is the notification period reasonable (5-10 days)?
Are deposits refunded vs credited-only?
Is there a reschedule option?
Is there a partial-attendance trigger?
Is mitigation language present?
Is the jurisdiction favourable (civil-law over common-law for planner)?

Sample force majeure clause

For reference (adapt to your jurisdiction, consult counsel):

"Neither party shall be liable for failure to perform, in whole or in part, any obligation under this Agreement if such failure results from or is caused by any of the following events beyond the reasonable control of such party (each a "Force Majeure Event"): (i) pandemic, epidemic, or public health emergency declared by the World Health Organization, European Centre for Disease Prevention and Control, or national health authority of the country where the event is to be held; (ii) travel restrictions, quarantine, or curfew imposed by government authority of the destination country or the countries of origin of 25 percent or more of confirmed attendees; (iii) acts of God, natural disasters, severe weather; (iv) acts of war, terrorism, civil unrest within 100 kilometres of the venue; (v) commercial airline strikes or cancellations affecting the destination for more than 72 consecutive hours; (vi) cyberattacks or infrastructure failures rendering the hotel non-operational for more than 48 hours. The affected party shall give written notice within 10 business days of the Force Majeure Event and shall use commercially reasonable efforts to mitigate. Upon invocation, all deposits shall be refunded within 30 days and the event shall be rescheduled to a mutually acceptable date within 18 months without penalty, or cancelled without further liability."

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