One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.

Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.

Mr.X had booked a hotel room at XYZ Resort in City A for DD/MM/YYYY. He resided approximately 2,300 kilometers away in City B. On the day of travel, his afternoon flight was cancelled by ABC Airlines due to severe weather conditions. With no alternative transportation available to cover such distance, Mr.X was forced to cancel his hotel booking. However, the hotel management refused to refund his advance payment, citing their strict cancellation policy. The hotel claimed that flight cancellations were not their responsibility and demanded the full booking amount despite the force majeure circumstances. Mr.X approached me seeking legal remedy for recovering his money and understanding his consumer rights in such situations.

Advice in Such Cases

Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation to come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Document all communication with the hotel including booking confirmations, cancellation requests, and their responses. Keep records of flight cancellation notices from airlines as proof of force majeure. Review the hotel’s terms and conditions carefully to identify any clauses related to force majeure or exceptional circumstances. Contact your bank or credit card company to dispute charges if the hotel unreasonably refuses refund.

Applicable Sections of Law

Under the Consumer Protection Act, 2019, hotels providing accommodation services fall under consumer protection laws. Section 318 of Bharatiya Nyaya Sanhita deals with cheating and fraudulent practices. Section 356 of BNS addresses breach of contract issues. The Bharatiya Nagarik Suraksha Sanhita Section 173 provides procedures for filing complaints in such matters. Force majeure clauses in contracts are governed by general contract law principles, and courts typically consider genuine impossibility of performance due to circumstances beyond control.

If You Are the Complainant

• File a complaint with the District Consumer Forum within two years of the incident
• Gather all documentary evidence including booking receipts, flight cancellation notices, and communication records
• Calculate your total loss including advance payments, alternate accommodation costs, and additional expenses incurred
• Send a legal notice to the hotel demanding refund with specific timeline
• Consider mediation through consumer helplines before approaching courts

If You Are the Victim

• Immediately notify the hotel about cancellation citing force majeure circumstances with supporting documents
• Request written confirmation of their refund policy and reasoning for denial
• Contact your travel insurance provider if coverage includes trip cancellation due to weather
• File complaints with tourism boards and consumer forums simultaneously
• Seek compensation for mental harassment and unfair trade practices along with refund

How the Police Behave in Such Cases

Police typically treat hotel booking disputes as civil matters unless there’s clear evidence of fraud or cheating. They may be reluctant to register FIRs for commercial disputes. However, if the hotel’s conduct amounts to deliberate cheating or unfair trade practices with intent to deceive customers, police can take cognizance under relevant sections of BNS. Consumer forum remedies are generally more effective for such disputes.

FAQs People Normally Have

Can hotels refuse refunds during force majeure events? Hotels cannot unreasonably deny refunds when genuine force majeure circumstances prevent customers from availing services, especially if the situation is beyond customer control.

What constitutes force majeure in hotel bookings? Natural disasters, severe weather, flight cancellations by airlines, government restrictions, and medical emergencies typically qualify as force majeure events.

Can I claim compensation beyond refund? Yes, you can claim compensation for mental harassment, additional expenses, and unfair trade practices through consumer forums.

What Evidence Is Required?

• Original booking confirmation and payment receipts from hotel
• Official cancellation notice from airline with reason specified
• Weather reports or official statements confirming adverse conditions
• Email/SMS communication with hotel regarding cancellation request
• Bank statements showing payment to hotel
• Documentation of alternative arrangements made or additional costs incurred
• Screenshots of hotel’s cancellation policy from their website

How Long Will the Investigation Take?

Consumer forum cases typically take 3-6 months for resolution depending on complexity. If the matter involves criminal charges under BNS for cheating, police investigation may take 2-3 months. Civil suits in district courts can extend to 1-2 years. However, many hotels settle such disputes through negotiation within 30-60 days when faced with legal action.

Advocate Sudhir Rao, Supreme Court of India