Under Belgian law, the force majeure is usually defined as an external event or circumstance occurring beyond any reasonable control of the parties, which cannot be avoided, and which allows the parties to suspend or cancel the execution of their contractual obligations.
In order to be considered as force majeure, therefore, an event cannot be caused by the fault of one party, and such event must render the performance of the relevant obligation (e.g. the holding of the relevant event) impossible. A simple increased difficulty in the organisation of the event is not considered, under Belgian law, as an event of force majeure.
It is apparent that the notion of force majeure under Belgian law is very strict. For example, the fact that participants must take a COVID-19 test, or must respect a quarantine when travelling to the event location is not considered a force majeure event. On the other hand, it would be force majeure if the participants are not allowed to travel to the country where the event is organised.
However, parties may contractually agree on a definition of force majeure that suits their needs best. For example, they may better describe what is considered as a force majeure and include pandemics, terrorist attacks, strikes, demonstrations, problems with suppliers and all sort of additional elements that they may agree upon between them.
If an event organiser wishes the clause to apply to the specific COVID-19 situation, it is always advisable to provide this clearly in the definition of the force majeure.