The federal government currently prohibits public and private events with more than 100 people. Events with fewer than 100 people may be held if specific prevention measures are observed. These Federal Council measures mainly affect sporting and cultural events and threaten the livelihoods of those affected. Who is liable if an event is canceled due to the coronavirus? Contractual regulations take precedence over legal regulations. In this respect, the contracts (including general terms and conditions) between the organizer and supplier/participant should be consulted first and foremost, which often contain provisions on the cancellation or postponement of an event. However, if the contracts do not contain such provisions, it is necessary to check whether the contract contains a special provision in the event of force majeure, a so-called force majeure clause. A case of force majeure exists if the incidents are beyond the control of a party and cannot be averted even with the utmost care. In the case of the coronavirus, there is therefore a case for force majeure if the event has to be canceled due to an official order (which is currently the case for events with 100 people). If such a clause is contractually agreed, this can lead to the termination of the contract or the suspension of contractual obligations. However, if the event is voluntarily canceled by the organizer, there is generally no case of force majeure and a force majeure clause is not applicable. However, a force majeure clause must always be interpreted on a case-by-case basis. If no contractual provision has been agreed, the law applies on a subsidiary basis. In this case, the question is simpler if the authorities have issued a ban/quarantine obligation – and more difficult if the organizer voluntarily cancels the event in order to protect public health. If the event has to be canceled due to an official ban, this is a case of subsequent impossibility within the meaning of Art. 119 CO. In the case of bilateral contracts, the party liable for payment in kind (i.e. the organizer) bears this risk. The law therefore stipulates that the organizer must reimburse the service already received (e.g. the ticket revenue). If a contractual partner has already provided its service (e.g. delivery of food or setting up a stage), the organizer must pay for these services. Exceptions apply in the case of special contractual agreements. If the event is voluntarily canceled in order to protect public health (in the case of fewer than 100 people), it is not effectively impossible to fulfill the contract. The organizer risks having to pay for further damages. This overview is intended as an initial guide. It is in no way a substitute for more detailed clarification in individual cases.
