Organisers EVENT Cancellation and abandonment Policy wording
This section
is subject to the general terms and conditions and to the extra terms and
conditions appearing below.
What is covered
Irrecoverable expenses If
the insured event
is necessarily and unavoidably postponed,
abandoned,
cancelled,
and loss of net profit curtailed or
relocated
as a sole and direct result of a cause not otherwise excluded which
occurs during the period
of insurance and is entirely beyond your control, or the control of
your employees or
agents or the event organiser, sponsors or financial supporters we will pay:
a. your
irrecoverable expenses,
b. loss
of net profit,
as
listed in the schedule, less any savings you are able to make.
In
the event of a loss you
must prove to our reasonable
satisfaction that you
have paid or
legally have
to pay and are unable to recover the expenses. In respect of a loss of net profit, you must prove to our reasonable satisfaction that the net profit would have been earned had
the insured event
taken place.
Additional expenses We will pay
all reasonable and necessary additional expenses incurred by you to avoid or
reduce a
loss under this section provided such expenses do not exceed the amount of loss
thereby avoided or reduced.
We will also, subject to our prior written agreement, pay the
reasonable and necessary costs of advising exhibitors, visitors, delegates or
providers of services to the insured
event of
circumstances which have materially affected the insured event and which
have given rise to a loss insured under this policy.
Failure to vacate We will
pay any claim for damages for which you are legally liable under contract to pay for
failing to
vacate the venue at the
termination date agreed with the owners or management of
the venue
location, as a sole and direct result of a cause not otherwise excluded which
occurs
during the period of the insured event, which is entirely beyond your control or the control of
your employees or
agents or the event organiser, sponsors of financial supporters.
Reduced attendance We will pay your irrecoverable expenses and loss of net profit, as listed in the schedule,
as a
result
of a substantial number of delegates or visitors (not exhibitors) who were due
to attend the insured event
being unable to attend as a sole and direct result of a cause not otherwise excluded
occurring during the period of
insurance which is entirely beyond your control or the control of delegates
or visitors.
Return of fees We
will, subject to our prior
written agreement, pay any refund of fees or charges which you
are under no
legal obligation to refund for attendance, advertising, media or sponsorship,
provided you
can prove, to our reasonable
satisfaction, that it is commercially essential.
If the
schedule includes an amount for loss of net profit, we will also pay for the refund of
contracted fees or charges.
Any fees or
charges you retain will
be deducted from the amount which we would otherwise have been liable to pay under
this policy.
Future event protection If
the insured event
is part of a series of events during the period of insurance or is
scheduled to
reoccur after the expiry of this insurance we will pay the reasonable additional
expenses you incur, with our prior written agreement, to
minimise any adverse effect a loss insured under this insurance may have on a
subsequent event.
Non-appearance This
cover only applies if:
a. the
insured event is
a conference or an indoor exhibition
b. the
insured event is
not reliant upon two or fewer speakers or performers; and
c. the
speakers or performers are unable to appear because of an event that occurs
during
the period of
insurance and is entirely beyond your control, or the control of your
employees or agents, the event organizer, sponsors or financial
supporters.
If the insured event is
necessarily and unavoidably postponed,
abandoned,
cancelled, curtailed
or relocated
as a sole and direct result of the non-appearance of the speakers or performers
who are contracted to appear at the insured event, we will pay:
i. your irrecoverable
expenses in connection with the running or organizing of the insured
event,
ii.
loss of net profit, as listed in the schedule
less any savings you are
able to make.
In the event
of a loss of net profit,
you must prove
to our reasonable
satisfaction that the net
profit would have been earned had the insured event taken
place.
Sum insured In
no event will we be liable
for more than the relevant sum
insured.
You should check the schedule to see
which parts of this section are subject to a deductible.
What is not covered This insurance does not cover losses
directly or indirectly arising out of, contributed to by, or
resulting
from:
1. any contractual
breach by you.
2. unavailability of the
venue as a result
of any work being carried out there by contractors
making it
unusable in whole or in part (other than as a result of an emergency occurring
after the inception of this policy).
3. any act of terrorism including any threat or fear
of an act of terrorism (whether
actual or
perceived).
This
insurance also excludes loss directly or indirectly caused by, resulting from
or in connection with any action taken in controlling, preventing, suppressing
or in any way relating to any act of terrorism.
If we allege that by reason of this
exclusion any loss is not covered by this insurance the burden of proving the
contrary shall be upon you.
In the event
any portion of this exclusion is found to be invalid or unenforceable, the
remainder shall remain in full force and effect.
4. national, court or
religious mourning, whether declared or not, unless the death or the
funeral
occurs in the same country in which the insured event is scheduled
to take place and the date of such death or funeral coincides with the date of
the insured event.
5. a. any failure, withdrawal or inadequacy of
necessary finance.
b. any financial failure of or financial
default by anyone.
6. a. lack of or inadequate receipts or sales.
b. inadequate, withdrawal
of or no response or support from anyone.
c. lack
of or inadequate attendance or insufficient interest prior to attendance.
7. industrial action or labour disputes whether actual or threatened unless the inception dateof this insurance precedes the start of the insured event by at least 90 days.
8. any
communicable disease which leads to:
a. the imposition of
quarantine or restriction in movement of people or animals by any national or
international body or agency;
b. any travel advisory or
warning being issued by a national or international body or agency;
and
in respect of a. or b. above any fear or threat thereof (whether actual or
perceived).
This
insurance also excludes loss directly or indirectly caused by, resulting from
or in connection with any action taken in controlling, preventing, suppressing
or in any way relating to a communicable disease.
If we allege that by reason of this
exclusion, any loss is not covered by this insurance you will have the burden of proving the
contrary.
9. a. influenza A (H5N1) (also known as ‘avian
flu’ or ‘bird flu’); or
b. influenza A (H1N1) (also known as ‘swine
flu’); or
c. any strain, virus,
complex or syndrome that is related to influenza A (H5N1) or
influenza
A (H1N1);
and
in respect of a., b. or c. above any fear or threat thereof (whether actual or
perceived).
This
insurance also excludes loss directly or indirectly caused by, resulting from
or in connection with any action taken in controlling, preventing, suppressing
or in any way relating to any outbreak of influenza A (H5N1) or influenza A
(H1N1).
10. your lack of
care, diligence or prudent behaviour, the result of which would increase the
risk,
and/or likelihood of a loss, hereunder.
11. alterations to or
variance of the insured event
without our prior
written approval.
12. adverse weather in
respect of any outdoor event or insured
event held under canvas or
in
a temporary structure unless agreed in writing by us.
13. expenses which have
not been declared to and agreed by us.
14. civil commotion
assuming the proportions of or amounting to a popular uprising, riot,
martial law or the act of any
lawfully constituted authority in the furtherance of maintaining
public order.
15. pollution or
contamination unless it is discovered during the period of insurance and is a
direct
cause of a loss under this policy.
16. non-appearance of any
speaker or performer due to their presence being required on
affairs
of state or government matters.
17. the failure or absence of teleconferencing or similar picture or data communication links to or from any part of the insured event whether by telephone, radio, satellite or television transmission.
Conditions
Signed contracts and necessary arrangements
You must ensure that all necessary contracts in connection with the insured event(s) are
signed and confirmed in writing with you and that all necessary
authorisations (which for the
avoidance of
doubt shall include, but not be limited to, the obtaining of licences, permits,
visas, copyright and patents) are obtained in a timely manner and are valid for
the period of the
insured event(s) prior to
the inception of this insurance. If you fail to comply with this condition we do not have to pay your claim.
Legal
requirements
You must observe and comply with the
requirements of any law, ordinance, court or regulatory body of whatever
jurisdiction. If you
fail to comply with this condition we do not have to pay
your claim.
Speakers
or performers
You must ensure that you have:
a. made all reasonable
enquiries to establish that the speakers or performers do not suffer
from
any physical impairment, mental impairment or medical condition which may
increase the risk of non-performance of their contracted duties, and that you disclose to us all such information known by you;
b. entered into a
written contract with the speakers or performers stipulating that they are to
arrive at
the insured event
at an appropriate time in advance of their scheduled appearance or essential
rehearsals.
If
you fail to
comply with this condition we
do not have to pay your
claim.
Under
insurance
You must maintain insurance adequate to
cover the full value of the maximum possible loss of
irrecoverable expenses, and loss of net profit if insured, for each insured event, without
any
allowance for recoveries, savings or waivers. Should you fail to do so then we will not be liable
for a greater proportion of any loss covered hereunder than the sum insured bears to the full
value of the maximum possible loss of irrecoverable expenses and
loss of net profit
for the
relevant
insured event.
Premium and
claims expenses
The premium
and any expense incurred in the formulation of a claim are not covered by this
insurance.
Definitions
Abandoned The inability to
complete any or all of the insured
event(s) once commenced.
Cancelled The inability
to proceed with any or all of the insured event(s) prior to commencement.
Curtailed The insured event having to
close, in whole or in part, earlier than the published closing date.
Expenses The total of
all costs and charges which would have been incurred by you in connection with
running
or organizing the insured event
had a loss not occurred.
Net profit The total
revenue paid or payable to you
from any source in connection with the insured event
less the
expenses you would have
incurred in connection with running or organizing that insured event.
Postponed The unavoidable
deferment of any or all of the insured
event(s) to another time.
Relocated The
unavoidable removal of the insured
event(s) to another venue.
Venue The
place(s) stated in the schedule where the insured event(s) is (are) to
be held.
Organisers cancellation and abandonment wording 7613 03/09 4 of 4
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