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Force Majeure, Event Cancellation & Refund Policy

11 min read

AI Doc Summarizer Doc Summary

Module: Utsav Pass™
Document Type: Hybrid — Plain English + Legal Reinforcement
Trademark: Utsav Pass™ is a trademark of MyMahotsav Futuretech Ltd
Jurisdictions: Global (with jurisdictional addendums)
Version: 1.0
Effective Date: 24th February 2026


📋 PART A: PLAIN ENGLISH SUMMARY #

When Events Don’t Go As Planned #

Sometimes events are cancelled, postponed, or disrupted by circumstances beyond anyone’s control. This policy explains what happens in these situations—who is responsible, when you get refunds, and how Utsav Pass™ helps.

The Simple Truth #

  • Organizers control cancellations: The event organizer decides whether to cancel, postpone, or modify an event. Utsav Pass™ facilitates but doesn’t make that decision.

  • Force Majeure events: Things like natural disasters, pandemics, government orders, or extreme weather—situations no one can control.

  • Your refund rights depend on: (1) The organizer’s cancellation policy, (2) Why the event was cancelled, and (3) Local consumer laws.

  • We process refunds quickly: When organizers authorize refunds, we process them within 14 days.

  • Travel and other costs: Neither organizers nor Utsav Pass™ are responsible for your travel, accommodation, or other incidental expenses.

  • Communication is key: We’ll notify you by email about any changes. Check your spam folder!


1. DEFINITIONS #

Term Definition
Force Majeure Unforeseeable circumstances beyond the reasonable control of a party that prevent or delay performance, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, riots, embargos, government orders or regulations, public health emergencies, pandemics, epidemics, quarantine restrictions, strikes, lockouts, industrial disputes, fires, floods, explosions, severe weather, transportation disruptions, power outages, and failures of public utilities or telecommunications networks.
Event Cancellation The complete abandonment of an event with no intention to reschedule.
Event Postponement The moving of an event to a future date, with tickets generally remaining valid for the new date.
Material Change A significant alteration to the event that fundamentally changes its nature, such as a change of headliner (for music events), substantially different content (for conferences), or change of venue to a different locality.
Organizer-Initiated Cancellation Cancellation decided by the Organizer for reasons within their control (e.g., low ticket sales, artist unavailability, logistical issues).
No-Fault Cancellation Cancellation due to Force Majeure or other circumstances beyond Organizer’s control.

2. CANCELLATION HIERARCHY AND RESPONSIBILITY #

2.1 Who Decides? #

2.1.1 The Event Organizer has the sole and exclusive right to decide whether to:

  • Cancel an event

  • Postpone an event to a new date

  • Modify an event (subject to material change provisions)

  • Offer refunds, credits, or exchanges

2.1.2 Utsav Pass™ does not:

  • Make decisions about event status

  • Direct organizers whether to cancel or proceed

  • Guarantee that events will occur as scheduled

2.1.3 Utsav Pass™ acts as a facilitator to:

  • Communicate organizer decisions to ticket holders

  • Process refunds when authorized by organizers

  • Provide technical support for rescheduling

2.2 Communication Protocol #

2.2.1 When an Organizer decides to cancel or postpone an event, they must:

  • Notify Utsav Pass™ through the Organizer Dashboard

  • Provide clear instructions regarding refunds (full refund, partial refund, credit, etc.)

  • Communicate the reason for cancellation (Force Majeure or other)

  • Approve a communication to ticket holders (or authorize Utsav Pass™ to communicate)

2.2.2 Utsav Pass™ will then:

  • Send email notifications to all ticket holders within [48] hours

  • Update the event page with current status

  • Process refunds as instructed

  • Provide ongoing updates as information becomes available


3. REFUND ENTITLEMENT BY SCENARIO #

3.1 Event Cancellation by Organizer (Non-Force Majeure) #

Scenario Refund Entitlement Processing
Organizer cancels for any reason (low sales, artist cancellation, etc.) Full refund of ticket face value Automatic or organizer-initiated
Service fees Organizer discretion; may be refunded or retained Depends on organizer instruction
Payment processing fees Generally non-refundable (charged by banks/gateways) Deducted from refund

Legal Basis: When an Organizer voluntarily cancels an event, they have failed to provide the service promised. Ticket holders are entitled to a refund of the ticket price under contract law and consumer protection statutes .

3.2 Event Postponement #

Scenario Refund Entitlement Processing
New date announced, ticket holder can attend No refund (ticket valid for new date) N/A
New date announced, ticket holder cannot attend Refund available for limited period (usually 14-30 days) Ticket holder must opt-in for refund
No new date announced within reasonable time Full refund available Automatic after X days

Legal Standard: For postponed events, ticket holders generally have the right to a refund if they cannot attend the rescheduled date . The period to request refund is typically 14-30 days from postponement announcement.

3.3 Material Change to Event #

Change Type Refund Entitlement
Change of headliner/performer (if named in marketing) Likely refund eligible (material change)
Change of venue to different locality Refund eligible (material change)
Significant reduction in duration/content Refund eligible (material change)
Change of supporting acts Generally not refund eligible
Minor schedule adjustment Generally not refund eligible

Legal Standard: A material change is one that a reasonable ticket buyer would consider fundamental to their decision to purchase. When such changes occur, ticket holders must be given the option to refund .

3.4 Force Majeure Cancellation #

Scenario Refund Entitlement Notes
Government-mandated closure Organizer discretion Many organizers offer refunds or credits
Natural disaster prevents event Organizer discretion Insurance may cover
Pandemic-related cancellation Organizer discretion Industry practice evolved post-COVID

Legal Standard: Force Majeure events typically excuse performance without liability for damages . However:

  • Ticket holders are generally entitled to a refund of the ticket price (as the service wasn’t provided)

  • Some jurisdictions require refunds regardless of Force Majeure

  • Organizers may offer credits instead of refunds, but this may be challenged where refunds are legally required

3.5 Partial Performance #

3.5.1 If an event occurs but:

  • A key performer is absent (and not replaced comparably)

  • Significant portions of the event are cancelled

  • The experience is substantially diminished

3.5.2 Ticket holders may be entitled to partial refunds representing the diminished value. Such claims must be directed to the Organizer first.


4. Force Majeure: DETAILED PROVISIONS #

4.1 Definition of Force Majeure #

For purposes of this Policy, Force Majeure includes:

Category Examples
Natural Disasters Earthquake, flood, hurricane, typhoon, tornado, tsunami, volcanic eruption, severe storm, extreme temperature
Public Health Emergencies Pandemic, epidemic, outbreak, quarantine orders, lockdowns
Governmental Actions Laws, regulations, orders, decrees, embargoes, sanctions, permits denied or revoked
Civil Unrest War, terrorism, riot, insurrection, civil disturbance, sabotage
Infrastructure Failures Power outages, telecommunications failures, transportation disruptions (not caused by Organizer negligence)
Other Unforeseeable Events Strikes (not involving Organizer’s own employees), fire, explosion, nuclear accident

4.2 Effect of Force Majeure on Organizer Obligations #

4.2.1 If an Organizer is prevented from holding an event due to Force Majeure:

  • The Organizer’s obligation to hold the event is suspended during the Force Majeure period

  • If the Force Majeure event continues for more than [30] days, either party may treat the contract as frustrated

  • The Organizer is not liable for any consequential damages (travel, accommodation, etc.)

4.2.2 The Organizer must:

  • Notify Utsav Pass™ immediately of Force Majeure circumstances

  • Provide reasonable documentation (government orders, official notices)

  • Communicate with ticket holders about status

4.3.1 Under the Law Reform (Frustrated Contracts) Act 1943 (UK):

  • If a contract is frustrated, money paid is recoverable

  • Expenses incurred before frustration may be deducted

  • Applies to many Force Majeure situations

4.3.2 Similar doctrines exist in other jurisdictions:

  • India: Section 56 of the Indian Contract Act 1872 (impossibility of performance)

  • US: Uniform Commercial Code § 2-615 (commercial impracticability)

  • EU: Various civil code provisions on Force Majeure

4.4 Force Majeure and Refunds: Jurisdictional Variations #

Jurisdiction Force Majeure Refund Position
UK Ticket holders entitled to refund of ticket price (frustrated contracts)
India Contract becomes void; advance money recoverable under Section 65
EU Consumer rights vary; many countries require refunds
US Varies by state; some require refunds, others allow credits

5. REFUND PROCESS AND TIMELINES #

5.1 How Refunds Work #

5.1.1 When an Organizer authorizes refunds:

  1. Organizer initiates refund request through dashboard

  2. Utsav Pass™ verifies instructions and available funds

  3. Refunds processed in batches to original payment methods

  4. Ticket holders receive confirmation email

  5. Funds appear in account within [3-10] business days (depending on bank)

5.1.2 Refunds are generally issued to the original payment method:

  • Credit/debit card: credit to same card

  • UPI: reverse to source account

  • Net banking: credit to same account

  • Digital wallet: credit to wallet balance

5.2 Timeline Standards #

Step Target Timeline
Organizer authorizes refund Day 0
Utsav Pass™ processes refund Within 3 business days
Funds reach ticket holder 3-10 business days (payment method dependent)
Total (maximum) 14 calendar days

5.2.1 Utsav Pass™ aims to process all authorized refunds within 14 calendar days, as required by many consumer protection laws .

5.3 Refunds When Organizer Funds Are Insufficient #

5.3.1 If an Organizer has insufficient funds in their Utsav Pass™ account to cover authorized refunds:

  • Utsav Pass™ will invoice the Organizer for the shortfall

  • Payment required within [7] days

  • If unpaid, Utsav Pass™ may pursue collection

  • In extreme cases, Utsav Pass™ may advance refunds and pursue Organizer (at its discretion)

5.3.2 Utsav Pass™ is not obligated to advance refunds from its own funds.

5.4 Refund Exceptions #

Refunds may be delayed or denied if:

  • Ticket holder cannot be identified (insufficient information)

  • Payment method is no longer valid (card expired, account closed)

  • Organizer disputes refund obligation

  • Fraud is suspected

  • Legal proceedings prevent disbursement


6. ORGANIZER OBLIGATIONS UPON CANCELLATION #

6.1 Notice Requirements #

Upon cancellation, Organizer must provide:

  • Clear statement that event is cancelled (not postponed)

  • Reason for cancellation

  • Refund instructions (full refund, partial, credit)

  • Timeline for refunds

  • Contact information for questions

6.2 Financial Responsibility #

6.2.1 Organizer remains responsible for:

  • All refunds due to ticket holders

  • Any chargebacks resulting from failure to refund

  • Fees associated with refund processing (where applicable)

6.2.2 Utsav Pass™ may deduct refund amounts from:

  • Current Organizer balance

  • Future ticket sales

  • Other events by same Organizer

  • May pursue legal action for recovery

6.3 Insurance Requirements #

6.3.1 Organizers are strongly recommended to carry:

  • Event cancellation insurance (covers financial loss if event cancelled for covered reasons)

  • Public liability insurance (covers injuries/damages)

  • Business interruption insurance (for ongoing operations)

6.3.2 Some events may be required to have insurance as a condition of platform approval (high-risk events, large capacity, etc.)


7. TICKET HOLDER RIGHTS AND OBLIGATIONS #

7.1 Your Rights #

As a ticket holder, you have the right to:

  • Receive clear communication about event status

  • Receive a refund when due under this policy

  • Have refunds processed within reasonable timeframes

  • Contact Organizer with questions

  • Lodge complaints with consumer protection authorities if rights violated

7.2 Your Obligations #

As a ticket holder, you must:

  • Provide accurate contact information

  • Monitor your email for updates

  • Respond to refund offers within stated deadlines

  • Not demand refunds when not entitled

  • Direct complaints to Organizer first

7.3 What You Are NOT Entitled To #

Neither Organizer nor Utsav Pass™ is liable for:

  • Travel expenses (flights, trains, taxis)

  • Accommodation costs (hotels, rentals)

  • Incidental expenses (meals, parking, babysitters)

  • Lost wages or business opportunities

  • Emotional distress or disappointment


8. CHARGEBACKS AND DISPUTES #

8.1 Chargeback Rights #

8.1.1 If you believe you are entitled to a refund and have not received one, you may have the right to initiate a chargeback through your credit card company or bank.

8.1.2 Before initiating a chargeback:

  • Contact the Organizer directly (first step)

  • Contact Utsav Pass™ support

  • Allow reasonable time for refund processing

8.1.3 Unjustified chargebacks (where refund was already issued or not due) may result in:

  • Account restrictions

  • Legal action for recovery

  • Being blocked from future purchases

8.2 Dispute Resolution #

8.2.1 If you have a dispute regarding cancellation or refunds:

  1. First: Contact Organizer directly (within 30 days)

  2. Second: Contact Utsav Pass™ support (if unresolved)

  3. Third: Consumer protection authorities (if rights violated)

  4. Fourth: Legal action (as last resort)

8.2.2 Utsav Pass™ will facilitate communication but is not a decision-maker in disputes.


9. COMMUNICATION AND NOTICES #

9.1 All official communications about event status will be sent:

  • By email to the address used for purchase

  • Via SMS (if opted in)

  • Through your Utsav Pass™ account

9.2 You are responsible for:

  • Checking your email (including spam/junk folders)

  • Keeping your contact information updated

  • Reading communications promptly

9.3 Utsav Pass™ is not responsible for:

  • Non-delivery due to incorrect contact information

  • Failure to check communications

  • Delays in reading important notices


🌍 PART C: JURISDICTION-SPECIFIC ADDENDUMS #

INDIA ADDENDUM #

Indian Contract Act, 1872 – Section 56:

“An agreement to do an act impossible in itself is void. A contract to do an act which, after the contract is made, becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.”

Effect: When an event is impossible due to Force Majeure, the contract becomes void. Money paid must be refunded (Section 65).

Consumer Protection Act, 2019:

  • Unfair trade practices include false promises and failure to provide service

  • Refunds must be provided when service is not delivered

  • Consumer Commissions have jurisdiction over disputes

COVID-19 Precedent: Indian courts have generally required refunds for events cancelled due to COVID, with some allowance for deductions if expenses incurred.

UK ADDENDUM #

Consumer Rights Act 2015:

  • Services must be provided with reasonable care and skill

  • If service not provided, consumer entitled to refund

Law Reform (Frustrated Contracts) Act 1943:

  • Money paid recoverable if contract frustrated

  • Expenses incurred may be deducted

Competition and Markets Authority Guidance:

  • Refunds must be paid within 14 days

  • Cannot impose compulsory credits without consumer consent

EU ADDENDUM #

Consumer Rights Directive 2011/83/EU:

  • Right of withdrawal does NOT apply to tickets

  • But if event cancelled, consumer entitled to refund

Package Travel Directive: If ticket includes travel/accommodation package, additional protections apply.

Country Variations: Some EU countries have specific event cancellation laws (e.g., France requires refunds within 30 days).

US ADDENDUM #

State-by-State Variation:

State Position
California Refunds required for cancelled events (Civil Code § 1749.5)
New York Refunds required for cancelled events (Arts and Cultural Affairs Law § 25.09)
Illinois Refunds required; venue may deduct credit card fees
Texas No specific statute; contract law applies
Florida Refunds required within 30 days of cancellation

Federal Guidance: FTC advises that consumers should receive refunds for cancelled events.


📝 PART D: ENTERPRISE INTERNAL MANUAL #

For Utsav Pass™ Customer Support & Operations #

A. Refund Authorization Matrix #

Scenario Refund Required? Action
Organizer cancels (non-Force Majeure) ✅ Yes (face value) Process per organizer instruction
Organizer cancels (Force Majeure) ⚠️ Jurisdiction-dependent Check local law; process accordingly
Postponement with new date ⚠️ If ticket holder can’t attend Process opt-in refunds
Material change ✅ Yes (if ticket holder objects) Offer refund option
Partial performance ⚠️ Case-by-case Organizer to determine
Ticket holder change of mind ❌ No No refund

B. Refund Processing SLA #

Event Volume Processing Team Target Turnaround
< 100 tickets Support Team 24 hours
100-1,000 tickets Dedicated Refund Team 3 days
1,000-10,000 tickets Batch Processing 5 days
> 10,000 tickets Automated + Manual Review 10 days

C. Force Majeure Verification Checklist #

When Organizer claims Force Majeure:

  • Government order/notice (official document)

  • Date of order relative to event date

  • Geographic scope (does it apply to venue?)

  • Insurance policy details (if applicable)

  • Alternative options considered (postponement, virtual)

D. Communication Templates #

Cancellation Notice (Non-Force Majeure) :

Subject: Important: [Event Name] Has Been Cancelled

Dear Ticket Holder,

We regret to inform you that [Event Name], scheduled for [Date] at [Venue], has been cancelled by the organizer.

Refund Information:
• Full refund of ticket price: [Amount]
• Processing time: 5-10 business days
• Method: Original payment method

No further action is required. Refunds will be processed automatically.

If you have questions, please contact the organizer at [Organizer Email].

Thank you for your understanding.

— Utsav Pass™ Team

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