February 19, 2020
Out of pocket MWC exhibitors are being directed to a clause in their terms and conditions that absolves the GSMA of liability.
Two MWC 2020 exhibitors from opposite sides of the world independently contacted Telecoms.com to inform us that they have received a communication from the GSMA, which runs the event, regarding the financial consequences of its cancellation. They were both directed to clause 21.10 of the Standard Terms and Conditions for Exhibition, Advertising, and Sponsorship, which reads as follows.
The Organizer shall not be liable to the Company for any losses, costs, damages or expenses (whether incurred under contract, tort or otherwise) suffered or incurred as a direct or indirect result of an event beyond the control of the Organizer, including without limitation, any act of God, disease or epidemic, strike, lock-out, industrial disturbance, failure of suppliers, act of public enemy, war, labor dispute, terrorist act, blockade, riot, civil commotion, public demonstration or governmental or local authority restraint nor shall the Organizer be liable to refund any fees.
The GSMA communication stressed that no refunds will be given, since this is a ‘force majeure’ situation, i.e. circumstances beyond the GSMA’s control. It goes on to say, however, that the GSMA is working on ‘a proposal’ designed to make the best of a bad situation and maintain good relations between the GSMA and its MWC commercial partners, which it expects to share by the end of March. We invited the GSMA to provide a statement on this matter but it declined to.
Rather alarmingly, the communication also refers to the situation created by the cancellation of MWC 2020 due to the coronavirus threat as ‘uninsurable’. Surely a lot of insurance exists precisely to cover ‘acts of God’ such as this. If the GSMA’s insurers are telling it that they’re not liable for any of the cost of the cancellation then that seems like a pretty rubbish policy.
Once more the GSMA was keen to stress that it’s a not-for-profit organisation and that it finds itself in a precarious financial position as a result of the cancellation. This communication seems to be designed to position the decision not to refund as something that is out of the GSMA’s hands and builds on the Bloomberg interview as a call for industry solidarity in these trying times.
There is plenty of reason to feel sympathy towards the situation the GSMA finds itself in. Of course it didn’t want to cancel the show and, having been forced to do so by circumstances beyond its control, it now faces an existential crisis. It’s also in the interest of exhibitors that value MWC to do their bit to ensure the event returns next year.
Where the GSMA will find it most difficult to inspire its exhibitors to take one for the team, however, is in the matter of what it costs to attend MWC. Every year we speak to exhibitors at the event who moan about how they feel exploited and, while the GSMA may be a not-for-profit, nobody doubts MWC Barcelona itself makes a massive profit.
The telecoms industry does need to show solidarity at a time like this, but it works both ways. It would be counter-productive in the long term for exhibitors not to accept their fair share of the cost of such an exceptional piece of collective bad luck. But at the same time the GSMA should ask itself if maximising the profit it makes on MWC is the best way to help the industry is was created to support.
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