I am not an attorney but I believe a well drafted contract from the charter side will include both a listing of possible events with the language "including but not limited to" AND force majeure. The charter contract I signed (and my guests in NC sign) includes both (including the specific word "pandemic") and IMHO is well written. It also would have covered IRMA, an event for which refunds were provided immediately by contrast.

I do think when the dust settles on all the litigation from Covid in a decade or 2 these FM provisions will be a thing of the past especially if people lose money due to further breach of contract by company insolvency. I think there will law changes under consumer protection especially in the US where my specific charter contract is adjudicated.

From a reputational standpoint these charter companies need to be careful as well on how they treat this situation. I tried to sort it out and couldn't get anywhere with my charter company. I am still highly loyal to them and will recommend them to anyone once the dust settles.

Although a bad situation for all parties nothing compares to what all our friends in the BVI both on this board and not are going through....especially as they were so close to recovering from Irma.