We wrote last July – click here for that article – about including a “Brexit clause” in your contracts. Six months on, there appears to be no more certainty about what will happen when the UK leaves the European Union.
Ryanair announced recently that when it puts tickets for flights in 2019 on sale this September, the terms of sale will include a provision explaining that the flights are “subject to the regulatory environment allowing the flight to take place”. This, the airline says, is due to the continued uncertainty about the arrangements that will be in place at that time.
If you are entering into contractual arrangements that relate to dates after or will remain in place after 29 March 2019, you would be well advised to consider the implications and include provisions to cover the situation. There are clearly potential pitfalls in committing to do something and/or setting a price for it in the current circumstances where you cannot be sure you will be able to honour your commitment and what additional costs you might incur.
We are working with a number of clients who are considering how to deal with this; please get in touch if you would like to discuss your situation.