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Reopening your business? Do your terms protect you against key COVID-19 risks?

With many leisure and tourism businesses now allowed to reopen, there has been a focus on implementing Government and trade-association guidance on COVID-19 risk controls. The next step, is to mirror these practical steps, with robust COVID-19 specific terms and conditions.

Key things to consider

  • Have you obtained appropriate declarations from guests, that they are fit to stay and will comply with guidance during their stay, and can you rely on these as part of the contract with your guests?
  • If a guest is required to cancel at the last minute due to presentation of symptoms, have you considered whether you will provide them with a full or partial refund?
  • Do your terms and conditions align with the practical steps you may need to take if a guest falls ill during their stay for example self-isolation, leaving the premises or restricted use of shared facilities?
  • Do your terms and conditions allow you to enforce rules on social distancing?
  • If you have self-contained accommodation facilities, have you considered the implications of a guest needing to self-isolate on your premises?
  • Are there additional costs associated with some eventualities (related to Covid-19) that you would like your guests to agree to pay?

Updated documentation

The key risks and considerations flagged above can easily be addressed by:

  • asking guests to complete a declaration form prior to their stay; and
  • adding some bespoke COVID-specific terms to your existing terms and conditions, which for the time being will take precedence over the existing terms.

For more information on the article above please contact Hannah Pettit or Ben Derrington.

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