As the FT report that Tui is seeking to invoke force majeure clauses in contracts with its partners, many other businesses will be looking at their own contracts to see what steps they can take to protect their position in response to the coronavirus pandemic.
While force majeure clauses can provide a party unable to perform its contractual obligations due an extreme event to be relieved from performing its obligations, relying on force majeure clauses is not always straight forward. The specific wording of the clause, and its interaction with other contractual terms, will be important. Businesses need to carefully review the applicable contractual terms and take appropriate advice.
Further, it is not an easy decision to take given the consequences for business partners and therefore the impact it may have on future business relationships.
I have written more on the subject and key considerations for businesses here:
https://www.ft.com/content/1d384970-6478-11ea-a6cd-df28cc3c6a68Hoteliers in Spain and Greece said that Tui was in talks with a number of operators to invoke “force majeure” clauses in contracts and temporarily stop payments. “We are in close contact with our hotel partners worldwide, jointly reviewing options for capacity management, to mitigate the impact for both Tui and its partners,” the company said.