Claim from travel agency

Dear Sir,

You can demand refund now if:

Ministry of External Affairs (MEA) issues a travel advisory against Sri Lanka

DGCA or airline advisories restrict flights

Sri Lanka declares emergency / disaster

MMT’s own partner hotels cancel bookings

MMT’s T&Cs allow refund for “Natural Calamity”

Dear Client,
A force majeure clause is a contractual provision that excuses parties from performing their obligations when extraordinary events or circumstances beyond their control occur. These events, often referred to as “acts of God,” may include: Natural disasters (e.g., floods, bushfires, earthquakes), Pandemics or epidemics etc, i.e, an event for which no party can be held accountable and a service provider cannot be held responsible for the default or deficiency. The Indian Contract Act, 1872, regulates force majeure. Section 56 of the Act addresses the concept of frustration of contract, which is closely related to force majeure, particularly when a contract becomes impossible to perform. So, in the absence of any such events, the Travel Company, Make my Trip, cannot take advantage of doctrine of force majeure as a ground of denial to refund the money paid to them for the travel to Sri Lanka. So, ensure whether any clause of force majeure is mentioned in the contract form signed by you for the purpose and ask them to include the said clause in the contract form to protect your interest and right to claim of refund of booking money in case no such extraordinary events or circumstances beyond humans control is occurred before the schedule journey. If they denied to include the force majeure clause, then that may also be considered as deficiency in service and unfair trade practices being biased and anti-public and in that scenario too, the aggrieved customer can file a complaint before the Consumer Forum seeking appropriate relief apart from filing of civil suit for recovery of money along with compensation from the Travel Company. If the situation so warrants, seek legal advice to navigate the matter effectively.