LEGAL EASE: Get Y2K in the Contract

In comparison to its potential impact on national defense or air traffic control, the Y2K problem for the event planning industry is relatively minor. Nevertheless there are plenty of nightmarish scenarios to consider. If the software used to track hotel reservations or meeting registration is not Y2K-compliant, there could be room block errors, mistakes in food and beverage calculations, and erroneous attrition charges. Billing software glitches could lead to confusion over payments and credits. Exhibitors may not be able to get their exhibits built, delivered, and set up at the right place and the right time. While you can be thankful you're not an air traffic controller, you've still got your work cut out for you.

Y2K Assurances First, ask hotels, contractors, and other vendors if their computer systems are Y2K-compliant. It is increasingly common for customers to demand--and receive--written assurances that Y2K problems will not prevent them from performing their obligations. An unwillingness to do so, particularly at this comparatively late date, is a red flag.

Y2K compliance also can be incorporated into written contracts. For example, meeting planners should try to get written assurances that the vendor:

* has reviewed its operations for Y2K compliance;

* has developed, or is developing, a program to address Y2K problems in a timely fashion;

* has made a related inquiry of its relevant suppliers and vendors;

* and based on such review, is satisfied that Y2K problems will not cause any material adverse effect on the performance of the contract.

In addition, such contractual representations should be backed up by a clause in which the meeting planner is indemnified against any losses arising from a Y2K problem.

What Goes Around Of course, turn about is fair play. Planners should be prepared to respond to similar requests. Ideally, responses should be reviewed by legal counsel. Whenever possible, limit your organization's Y2K liability by excluding certain types of damages (e.g., lost profits) or, better yet, by excluding potential liability for Y2K problems altogether.

Last fall, President Clinton signed into law the Year 2000 Information and Readiness Disclosure Act to encourage companies to share Y2K compliance information. The act limits the circumstances under which Y2K disclosure statements can be used against the persons making them and imposes strict proof requirements in legal actions claiming fraud or defamation from a Y2K statement. For the protections of the act to apply, the statement must be specifically identified as a "Y2K readiness statement." In addition, the act provides that exchanges of information that take place before 2001 to correct or avoid Y2K problems are not subject to antitrust laws. Such exchanges, however, cannot be used for anticompetitive conduct.

No industry that relies on computer-based information systems is likely to make a completely trouble-free transition into the new millennium. With some planning and preparation, however, the Y2K bug's impact can be kept to a minimum.

RSS Share

Want to use this article? Click here for options!
© 2012 Penton Media Inc.


Acceptable Use Policy
blog comments powered by Disqus

Search 125,000+ Venues

Search Meeting Space

Find Event Venues with Cvent

The Meeting Planning Blog

Face2Face Latest Posts

Sign Up for Our Free E-Newsletters



Meetings Collaborative

Rate your experience with meeting venues and suppliers.

Facility / Hotel

 
Powered by: Meetings Collaborative
Aega Awards

Latest Webinar

Beyond Marketing: What Else Social Media Can Do for Your Meetings
Thursday, May 24 | 2-3 p.m. EST

Most associations know that online social networks can be handy tools to spread the word about their meetings and events. But social media can do so much more than market. Our social media expert will uncover ways you can leverage social media to discover the educational content your members are craving, engage and energize your community, build relationships, and even simplify your meeting processes. Register Now!

VIEW ALL ARCHIVED WEBINARS

Recent Comments

Powered by Disqus

Back to Top

Explore Our Newsletters


Meeting Planner Survival Guide

Whether you're a novice planner or a veteran, this compilation of must-read articles is your meeting planning resource.

Must-See Meeting Files

Visit the MeetingsNet expert-advice site, where we’ve got top meeting pros on camera answering a variety of your questions as well as a collection of educational—and sometimes offbeat—editors’ pick lists — from the top tech tools to the best books for meeting professionals.

Suppliers/
Facilities/CVBs

MeetingsNet makes it easy to find the CVBs, tourist boards, and facilities you need for your next meeting.

Deal Finder

Special offers brought to you by MeetingsNet.

Find A Job

Targeted to all aspects of the hospitality and special events industry.

SMM PORTAL

Your source for Strategic Meetings Management info and intelligence

Facebook   Twitter   LinkedIn   RSS Feed

Inside Current Issue

May 2012 CMI

May 2012 FIM

April 2012

April 2012 RCM

April 2012

April 2012 AM

MM March 2012

March/April 2012 MM

Browse Back Issues