Walt Disney World Swan and Dolphin Sued
Cambridge Investment Research sued the Swan and Dolphin seeking to nullify contract…
File under: force majeure
Don’t worry, I am not a lawyer. Nor do I play one on television.
However, this IS an interesting case.
Swan and Dolphin vs. Force Majeure
Okay, let’s start here:
Okay, now that we’ve gotten that out of the way.
The Walt Disney World Swan and Dolphin Resort is being sued by Cambridge Investment Research because the latter needed to cancel a conference because of COVID-19.
Swan and Dolphin Resort Sued
Under the contract there are several deadlines for cancellation unless one party triggers the force majeure provision, the suit says. If Cambridge canceled the event between Sept. 21, 2019, and Sept. 20, 2020, Cambridge is obligated to pay a fee of around $1.1 million, according to the complaint.
The force majeure section of the contract says that the “performance of this agreement by either party is subject to acts of God, government authority, disaster, or other emergencies, any of which make it illegal or impossible to provide the facilities and/or services for your meeting,” according to the complaint.
Despite the factors, the hotel told Cambridge on June 5 “that it did not appear that force majeure would apply and that regardless of its applicability it could not be determined until the dates occurred” and is seeking cancellation fees, according to the complaint.
Here’s the crux of the case:
According to the lawsuit, there were a number of laws and regulations in place in Florida making it “illegal, impossible or impracticable” for the conference to occur. At the time, the Disney World resort and the hotel were closed, and it was unclear if they would reopen by September, Cambridge says. Both reopened in July.
Neither set of lawyers was available for comment on the suit.