Does a pandemic count as force majeure?

Only if the clause covers it or performance is genuinely impossible; many contracts now name epidemics explicitly.

Are payments excused during force majeure?

Usually not. Payment of money is rarely impossible, so most clauses suspend performance obligations while keeping payment due.

Is force majeure the same as hardship?

No. Force majeure excuses performance that has become impossible; a hardship clause addresses performance that is still possible but has become excessively burdensome, and it usually triggers renegotiation rather than suspension.

What happens if there is no force majeure clause in the contract?

Dutch law still applies: under BW 6:75 a party is not liable for a failure that cannot be attributed to it. But the statutory test is narrower and less predictable than a drafted clause, so disputes are more likely.

How long can performance be suspended before the contract ends?

For as long as the clause allows. Most include a long-stop date, often 30 to 90 days, after which either party may terminate without liability if the event continues.

Does the affected party have to do anything to rely on force majeure?

Yes. Most clauses require prompt written notice and reasonable efforts to mitigate the impact. Failing to give timely notice can forfeit the protection even if the event itself clearly qualifies.

Force Majeure Clause

Excuses a party from performing when extraordinary events beyond its control make performance impossible.

O que é

A force majeure clause allocates the risk of events outside the parties' reasonable control, such as natural disasters, war, pandemics and government action, that prevent one party from meeting its obligations. It defines which events qualify, what notice is required, and what happens to the contract while the event continues.

Porque é importante

Without a clear clause, a disrupted party may be liable for breach even when performance was genuinely impossible. A well-drafted clause sets objective triggers and remedies, avoiding costly disputes over who bears pandemic- or supply-shock losses.

Como aplicar

List qualifying events but keep an objective "beyond reasonable control" catch-all.
Require prompt written notice and ongoing mitigation efforts.
Set a long-stop: either party may terminate if the event lasts beyond, say, 60 days.

Exemplo de redação

Neither party shall be liable for any failure or delay in performance caused by events beyond its reasonable control, provided it notifies the other party promptly and uses reasonable efforts to mitigate.

Dicas de negociação

• Clarify whether payment obligations are suspended or merely deferred during the event.

Erros frequentes

• Treating economic hardship or rising costs alone as force majeure, which they ordinarily are not.

Referências jurídicas

Salvo indicação em contrário, as referências remetem para o direito neerlandês (Burgerlijk Wetboek, o Código Civil neerlandês); os instrumentos da UE, como o RGPD, aplicam-se em toda a UE. Esta é informação geral, não constitui aconselhamento jurídico. Outras jurisdições tratam estes conceitos de forma diferente. Verifique o texto em vigor e a sua situação com um advogado qualificado.

Perguntas frequentes

Questões comuns sobre esta cláusula.