THE INCLUSION OF THE FORCE MAJEURE CLAUSE IN THE UMRAH CONTRACT AGREEMENT IN THE CONTEXT OF CONSUMER PROTECTION

Abstract

The global outbreak of COVID-19 in early 2020 had profound implications on the travel and tourism sector, particularly affecting religious pilgrimages such as Umrah. In March 2020, the government of Saudi Arabia imposed an unprecedented ban on entry to holy places, Mecca and Medina to curb the rapid spread of the virus. This measure led to the mass cancellation of Umrah packages by the domestic travel agencies, triggering diverse responses across the industry. While some Umrah agencies invoked the force majeure clause in their contracts to absolve themselves from liability, others faced significant legal ambiguities due to the absence of such clauses. Notably, certain companies cancelled Umrah contracts without offering any compensation to the affected pilgrims, further exacerbating consumer vulnerability. This paper critically examines the legal complexities surrounding the invocation of force majeure in Umrah contracts during extraordinary circumstances such as a global pandemic. It argues that the absence of a standardized approach among Umrah tour operators and travel agencies creates inconsistency in consumer protection and contractual obligations. Through a doctrinal research methodology adopting a qualitative approach, this study analyzes legal doctrines, statutory provisions, and contractual frameworks by engaging in comprehensive documentary analysis. The findings reveal a significant gap in the uniform application of force majeure clauses in Umrah package contracts. This lack of consistency results in disparate treatment of consumers, where the contractual rights and remedies available to Umrah pilgrims vary widely depending on the presence or absence of specific legal provisions. The paper advocates for the urgent implementation of standardized contractual practices, including mandatory force majeure clauses, to enhance consumer protection and ensure equitable treatment during unforeseen and extraordinary events. By establishing a uniform legal framework, this study aims to mitigate legal uncertainties and reinforce the rights of Umrah pilgrims. It further recommends legislative intervention to mandate the inclusion of comprehensive force majeure clauses in all Umrah package agreements, thereby promoting legal certainty, transparency, and consumer welfare in the face of future disruptions.