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Seeking documents to be submitted by FHRAI before Competition Commission of India (CCI) against Online Travel Aggregators (OTAs) – MMT/ GOIBIBO and OYO

19 th Mar 2020

The Managing Directors/CEO's/Owners/Director/Partners/General Managers        
All FHRAI Members      

CC:      All Members of the Executive Committee
             All Regional Associations    

Subject : Seeking documents to be submitted by FHRAI before Competition Commission of India (CCI) against Online Travel Aggregators (OTAs) – MMT/ GOIBIBO and OYO

In the case : FHRAI Vs Make My Trip , Go Ibibo & Oyo Rooms before the Competition Commission of India(CCI)

You are well aware that pursuant to the aforesaid case filed by FHRAI, CCI has directed investigation against Make My Trip , Go Ibibo & Oyo Rooms in terms of the allegations of abuse of dominant position, anti-competitive behaviour and such other charges .

In this connection, FHRAI is required to file evidence in the form of emails, documents etc, as mentioned below in the points 1-15,to further prove our case.

Please note, any evidence we provide can be made confidential if required and will be protected by such confidentiality.

Thus , submission of evidence provided by member Hotels  is now critical to protecting the interest of our INDUSTRY in the long run as also to prevent our business from being taken over by OTAs.

 1.    Email communication from your end seeking clarifications, questioning changes in contract terms, increase in pay outs, asking them to specifically stop a practice you are not agreeable to, and their response or lack of response.

2.    Material to show exorbitant commission and breach of contractual obligations by MMT-Go or Oyo.

 3.    Material to show refusal to de list hotels from platform.

4.    Evidence about malpractices like fake bookings, showing full occupancy when there isn’t, artificially controlling demand, making of multiple booking which are suddenly cancelled.

5.    Contracts signed for periods BEFORE and AFTER their merger of MMT with Goibibo (in 2017).

6.     Where contracts are not available in above case , you can share invoice copies before and after merger showing any creep up of commission or additional pay outs like PLB (performance linked bonus) etc. (even if you have agreed to the same).

 7.    Email received from their end questioning why rate parity is not being maintained by other OTAs, and your response if any (doesn’t matter whatever is the communication )

 8.    Evidence in the form of unilaterally discounting your hotel room rates without your express permission (doesn’t matter if you didn’t write to them and complain, but if you did so then please share those email as well).

 9.    Cases in which these companies are charging below cost price and agreed rates.

 10.  Operating illegal premises or illegal inventory.

 11.  Instances of lopsided contracts.

 12.  Illegal charging of hotel service fees which was not passed on to your hotel.

 13.  Any call logs with them where you have recorded any specific complaint (whether it was not attended to or not )

 14.  Any complaints from guests regarding any unfair practice which left you to manage irate customers (email, hand written customer complaints, even poor reviews on OTA website and other review sites)

 15.  Any evidence of how your hotel was dropped in its rank and rating, any communication from your end seeking an explanation (even if no response was received)

Kindly forward your documents at preeti.legal@fhrai.com

Any documents you wish to provide us in hard copy format or scan copies, can be couriered to our FHRAI office at : B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi-110001. We wish to reiterate again here that any member who does not wish to be named or does not want their documents disclosed, can be accorded confidentiality and full protection.

Please note that the last date for providing documents is 25th March,2020.

Thanking You,

With best Regards,

Rahul Lall
Secretary General
_____________________________________________________
The Federation of Hotel & Restaurant Associations of India
Regd. Off.: B-82, 8th Floor, Himalaya House, 23 K.G. Marg, New Delhi - 110 001
Tel.: 011-40780780, 40780718 (D), Fax: 011-40780777
Email: fhrai@fhrai.com, Website: www.fhrai.com

CONTACT US

THE FEDERATION OF HOTEL & RESTAURANT
ASSOCIATIONS OF INDIA

Address:

B-82, 8th Floor, Himalaya House, 23,
K. G. Marg, New Delhi-110 001

Telephone: 011-40780780

For any queries, please write to us on or contact us on

E-mail: fhrai@fhrai.com