
Associates Blog

What You Need to Know About Hotel Booking Cancellations
25 de dez de 2024
3 min read

1. Introduction
Hotel booking cancellations are a recurring issue in consumer relations, especially in the context of the growing globalization and digitalization of the tourism sector. This article aims to analyze the legal aspects related to hotel booking cancellations, both for hotels located in Brazil and abroad, under the Consumer Protection Code (CDC) and applicable civil law. It will address the differences in the legal treatment of cancellations, the implications of bookings made through online platforms, and the rights and obligations of consumers and suppliers in different jurisdictions.
2. Consumer Relations and the Principle of Good Faith
In any accommodation contract, whether in Brazil or abroad, the relationship between the consumer and the supplier is governed by the principle of objective good faith, which requires transparency, ethics, and balance in contractual relations.
In Brazil, this relationship is regulated by the Consumer Protection Code (CDC), which protects consumers as the weaker party, ensuring their rights against abusive practices.
For international bookings, the application of the CDC may be limited, but the principle of good faith remains essential, both in the context of Brazilian legislation and in the regulations of other countries. Contractual clauses that violate this principle can be contested, though the effectiveness of such challenges depends on the jurisdiction.
3. Right of Withdrawal and Booking Cancellations
In Brazil, the CDC guarantees consumers the right of withdrawal under Article 49 for purchases made outside a commercial establishment, including online bookings. Consumers can cancel the contract within seven days of the transaction, without justification, and are entitled to a full refund.
This right is particularly relevant for bookings in Brazilian hotels. However, for international bookings, the right of withdrawal may not apply, as the legislation of the country where the hotel is located takes precedence. Many countries do not have an equivalent rule to Article 49 of the CDC, limiting the possibility of cost-free cancellations.
4. Contractual Clauses and Cancellation Penalties
Both in Brazil and abroad, accommodation contracts typically include clauses establishing deadlines and penalties for cancellations. In Brazil, the CDC limits the validity of abusive clauses that place consumers at an undue disadvantage (Article 51, IV). Cancellation penalties must be proportional and justified, avoiding unjust enrichment by the supplier.
For international bookings, contractual clauses are governed by local laws. Brazilian consumers booking accommodation abroad should carefully review the cancellation and refund policies of the destination country. Clauses that might seem abusive under the CDC could be considered valid in other jurisdictions.
5. Force Majeure and Unforeseeable Circumstances
Both the Brazilian Civil Code and the legislation of other countries recognize that unforeseeable circumstances or force majeure events can justify canceling a booking without penalties. Events such as pandemics, natural disasters, and other unpredictable and unavoidable situations allow consumers to cancel bookings without incurring contractual penalties.
Internationally, the application of this principle depends on local laws and the policies adopted by each hotel or booking platform. It is essential to verify whether the contract includes specific clauses for force majeure events and how they are treated under the legislation of the service location.
6. Online Booking Platforms and Joint Responsibility
Digital platforms for accommodation bookings, such as Booking, Airbnb, and others, play a significant role in consumer relations. In Brazil, the CDC establishes joint responsibility among all suppliers involved in the service chain (Article 18). This means that in case of a cancellation and refusal to refund, both the platform and the establishment may be held accountable.
For international bookings, the situation can be more complex. If the platform has a presence in Brazil or specifically targets Brazilian consumers, the CDC may apply to the platform. However, the application of CDC rules to foreign hotels may be limited, as they are subject to local laws.
7. Jurisdiction Considerations
When cancellations involve hotels abroad, the issue of jurisdiction becomes crucial. Generally, disputes must be resolved in the country where the service is provided, as stipulated in the contract. However, if the booking was intermediated by a Brazilian platform, the consumer may choose to file a claim in Brazil under national consumer protection laws.
In international disputes, enforcing Brazilian judicial decisions abroad may face challenges, such as the absence of legal cooperation treaties between the countries involved or significant differences in applicable laws.
8. Conclusion
Hotel booking cancellations involve complex legal issues that vary depending on the hotel’s location and applicable laws. In Brazil, the Consumer Protection Code offers robust consumer protection, guaranteeing rights such as withdrawal and contesting abusive clauses. However, for international bookings, consumers should be aware of the limitations of CDC applicability and local rules in the destination country.
In both cases, the principle of good faith should guide contractual relations, and cancellation clauses must be carefully reviewed. Online booking platforms also bear responsibility for protecting consumer rights, especially when operating in Brazil.