QUESTION
What are our rights concerning a force majeure clause in a contract?
Asked on Nov 03rd, 2021 on Contracts - Florida
More details to this question:
I am president of a non-profit that had to postpone a conference due to COVID numbers in Florida. We are in negotiations with the hotel to reschedule for September 2022, but they state that they will not include a FM clause: "Unfortunately, I am unable to be flexible on the non-refundable/non-cancellable terms for the newly executed contract." I understand their not wanting to include a clause that addresses COVID. To me, though, that statement says that even if we had a hurricane or a fired that destroyed the hotel, we would be liable for the terms. Can we legally insist on some sort of force majeure clause in a contract?
1 ANSWER
You can't force someone to agree to something they don't want to agree to. You are correct that without a force amajeure clause excusing you, your orgaization could be liable even if there was a hurricane which prevented you from traveling (but not if a fire destroyed the hotel, as in that case it is the hotel which would be unable to perform its conractual obligations, as opposed to the hotel being able to perform but your group being unable to get to the hotel; but it does depend on exactly what your contract says). The hotel, however, seems unwilling to bend. Assuming that the hotel really refuses to budge, your choice is to either take the risk, or find another hotel. You may then find yourself in litigation over the original cancellation.
Answered on Nov 03rd, 2021 at 7:54 PM