Once again, the government is creating a lack of clarity regarding the relaxation of measures and which measures will remain in force. The events sector is crying out for clarity, but the government seems unwilling to listen.
The government has announced a number of relaxations, but it also seems that existing measures have been extended (without this being clearly communicated by the government). Below is an overview of the measures and relaxations, and their consequences. This may still be subject to change, depending on further explanation or adjustment by the government.
Licensed and notifiable events
In short, this includes events which are accessible to the public (possibly through ticket sales) and which usually take place in the public space. This may include fields, parks, public spaces, on or near roads, etc.
Examples are festivals, fairs, parades, etc.
These events are and will remain prohibited until 1 September 2020.
Events requiring a permit and notification that take place before 1 September 2020
Organisers of these events taking place between 21 April 2020 and 1 September 2020 may claim legal force majeure for cancellations made after 21 April 2020. The organiser does not have to pay a cancellation fee, but will lose any deposit.
Licensed and Notifiable Events taking place after 1 September 2020
For cancellation by organisers of these events taking place after 1 September 2020, the normal cancellation regime applies. The organiser may be charged the difference between the cancellation fee and any deposit.
Public events
In short, this includes events that are freely accessible to the public (regardless of whether or not the public has to buy a ticket) and that take place in public spaces or in an event location (building). A public event may be a licensed event or an event subject to notification, but this is not necessary.
Examples are fairs, congresses, car shows.
No new Emergency Ordinance has yet been drawn up by the safety regions. So for now, these events are prohibited until 1 June 2020. However, it is very likely that a new Emergency Ordinance will be drafted, in which it will be included that from 21 April 2020 all public events are prohibited until 1 September 2020.
New Emergency Ordinance as of 29 April 2020
On 29 April 2020, a new Emergency Ordinance was declared effective by the safety regions. In this new Emergency Ordinance, public events are prohibited until 1 September 2020.
Public events taking place before 1 September 2020
Organisers of public events taking place between 29 April 2020 and 1 September 2020 can claim legal force majeure for cancellations after 29 April 2020. The organiser does not have to pay a cancellation fee, but loses the deposit.
Public events taking place after 1 September 2020
For cancellation by organisers of public events taking place after 1 September 2020, the normal cancellation regime applies. The organiser may be charged the difference between the cancellation fee and the deposit.
In case of doubt, it is advisable to contact the relevant safety region, see the overview on the website of the Government.
Relaxation of government measures as of 1 July 2020
As of 1 July, according to the roadmap, gatherings of up to 100 people will again be permitted. The increase also applies to organised meetings, conference centres, weddings, funerals, etc.
It is not yet clear how this will relate to the Emergency Ordinance, which stipulates that public events - which may include a conference - are prohibited until 1 September 2020. Perhaps the Emergency Ordinance, on which the government is working, will provide clarity on this.
Private (b2b) events
In short, these are events that are not freely accessible to the public and usually take place at an event venue.
Examples are company parties, meetings for invited guests, conferences for a specific group of people.
Private (b2b) events taking place between 6 May 2020 and 1 July 2020
The government measures seem to be valid until 1 July 2020. Organisers of these events taking place between 6 May 2020 and 1 July 2020 may then claim legal force majeure for cancellations made after 6 May 2020. The organiser does not have to pay a cancellation fee, but will lose any down payment.
The following exceptions apply to private events:
- Funerals and wedding ceremonies can take place if a maximum of 30 people are gathered and if 1.5 metres can be kept away from each other.
- Legally required meetings, such as council meetings or shareholders' meetings, can only take place if there are a maximum of 100 people who can keep their distance of 1.5 metres.
- Work-related meetings can take place with up to 100 people and if 1.5 metres distance can be kept between them. These are meetings that are necessary for the continuation of daily business of institutions, companies and other organisations.
Private (b2b) events taking place as from 1 July 2020
The government measures seem to be valid until 1 July 2020, so for cancellation by organisers of these events taking place after 1 July 2020 the normal cancellation regime seems to apply. In this case, the organiser may be charged the difference between the cancellation fee and any deposit.
However, the government is not clear about this.
If and insofar as the situation permits, the government indicates for the time being the following relaxations that may be implemented (whereby the number of persons for funerals and wedding ceremonies has been increased):
- Funerals and wedding ceremonies can take place if a maximum of 100 people are gathered and 1.5 metres can be kept away from each other.
- Legally required meetings, such as council meetings or shareholders' meetings, can only take place if there are a maximum of 100 people who can keep their distance of 1.5 metres.
- Meetings that are necessary for the continuation of the daily business of institutions, companies and other organisations may take place with a maximum of 100 people, and if 1.5 metres distance can be kept between them.
Let us hope that the industry will soon be able to run again as much as possible, so that the damage is somewhat contained.
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