Claim to the tour operator for a refund

Clients of travel agencies are most at risk of poor quality services, and as a result, they often face the need to file a claim against the tour operator. This is explained by the fact that travel companies are not direct providers, but represent intermediaries between tourists and service organizations (hotels, carriers, sanatoriums, health centers, etc.). Files in .DOC: Claim form for a tour operatorSample claim for a tour operator

When does it become necessary to write a complaint to a tour operator?

In principle, one can imagine two situations: complete cancellation of the tour and compensation in case of poor-quality service provided.

Cancellation of the tour

Such a need arises, as a rule, in the event of force majeure circumstances - an urgent business trip, illness of a tourist or a close relative. Depending on the specific circumstances, either a complete refusal or a change in its conditions (departure date, length of stay, etc.) may be required.

The reasons seem to be valid, and the service itself was not provided, but not all travel agencies treat it with understanding. Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” No. 132-FZ of November 24, 1996 requires mandatory pre-trial communication between the tourist and the tour operator. In this case, oral negotiations often reach a dead end, and then a written claim should be made.

Important! Be sure to receive a second copy of the claim with a receipt stamp from the tour operator. Make sure that the date of acceptance, serial number and name of the responsible employee are indicated.

2. Significant change in tour conditions

There are several options here.

Flight delay or cancellation

Both situations entail additional costs associated either with an increase in the length of stay at the hotel, or with the need to independently purchase a ticket.

Poor quality tour

The main reason for such complaints is the lower star rating of the hotel. You pay for one thing, but in reality you get something else, where both the conditions and the service are worse. In this case, the tourist either endures or pays extra for the necessary services. In both cases, he has the right to compensation.

Failure to comply with the terms of the contract

For example, the absence of a transfer paid in accordance with the contract, payment for those services that were designated as free, failure to complete the excursion part of the program, etc.

Additional questions

Is it possible to cancel a tourist package?

Yes, you can. The law protecting consumer rights establishes the right of a tourist to write a statement of cancellation of an unused voucher, according to a sample that can be given to you by a representative of a travel agency. However, the law does not establish time limits for writing such statements.

But it is worth considering that the contractor must return to the consumer the amount paid for the trip, excluding expenses incurred.

Accordingly, if the client makes a claim for a refund of the money paid in advance, then the refund amount will be higher; if the client makes such a claim immediately before departure, the refund amount will be significantly less.

Unfortunately, the law does not tie the period when you can refuse to travel abroad and write a corresponding statement to the percentage of the price paid that is subject to refund. In accordance with the law, the amount of the refund depends solely on the amount of costs incurred by the travel agency. Moreover, the law does not provide the consumer with real tools for controlling actual costs.

What amounts can be returned?

Each tour operator independently sets conditions for a citizen to cancel a previously purchased tour and the corresponding refund.

But in these conditions, all tour operators have one thing in common: the sooner a citizen decides to cancel the tour and terminate the contract, the greater the amount will be returned.

Analysis of statistics shows that with early cancellation of a purchased tour, losses can range from 10 conventional units (at the rate of the Central Bank) to 10 percent of the price of the purchased tour.

But sometimes special conditions for early return are included in the contract, as a result of which the citizen’s losses increase significantly. Most often this happens when the purchased tour falls on various holiday periods.

If you decide to cancel the tour a couple of days before it starts, and the reasons for refusal are not valid, then the refund will not be made in full. In some cases, a refund will be refused altogether.

But if the circumstances under which you were forced to cancel the tour were valid and have appropriate documentary evidence, then the tour operator will be obliged to return the money in full minus the actual costs incurred on the day of cancellation of the tour. In this case, the actual costs incurred must have documentary evidence.

So, even if you cancel the tour for good reasons, the tour operator can return the money in a much smaller amount, since part of it has already been spent on paying for transfers, insurance services, hotels, and so on.

Important

Based on the norms enshrined in Art. 14 of the Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation”, the tour operator must return the client’s funds in full if the cancellation of the tour is caused by natural disasters, unrest, changes in the political situation in the region where he should be completed tour. The same rule applies to cases where the cancellation of the tour is caused by the bankruptcy of the tour operator.

How to file a claim with a tour operator for non-compliance with a hotel

Step 1. Record the fact of providing false information about the hotel category declared by the tour operator. According to the classification of hotels, there are six categories: “5 stars”, “4 stars”, “3 stars”, “2 stars”, “1 star”, “no stars”.

According to Bilev A.V. and Bilevoy L.G., this hotel differed for the worse compared to what they chose from the travel agency.

When choosing a hotel for a vacation, a tourist is guided by his own ideas about comfort. It happens that a hotel booked and paid for turns out to be worse than what the travel agent or tour operator promised. How do hotels differ in terms of comfort and is it possible to receive compensation if the hotel does not correspond to the category declared by the travel agent or tour operator?

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A claim with demands, including payment of compensation for moral damages for poor-quality service provided Bilev V.A. sent DD.MM.YYYY to the Travel Agency, but the consumer’s demands were not satisfied voluntarily.

If we imagine the conflict situation very simply, then we can say that the color of the towels that the client receives in the hotel room will not be considered damage, even if the client does not like the color.

Travel agencies do not always voluntarily agree to compensate a traveler for his unplanned expenses.

If you are faced with one of the above reasons, feel free to file a claim, the addressee of which will be the travel agency. Failure to comply with these points is a gross violation of your rights, and, as a result, you may demand a refund.

Because a complaint falls under consumer protection law, there are certain deadlines for filing a complaint.

Claim against tour operator for shortening nights

I propose to resolve the dispute out of court. Please provide your answer in writing. However, there was no club on the hotel premises. Because of this, we had to hire a nanny to look after the children, which also entailed additional expenses in the amount of rubles for the entire vacation period. Attention Here you can also make a claim regarding the distance to the sea, the lack of Russian-speaking staff on the hotel premises, individual air conditioning in the room, lack of animation in Russian, etc.

According to Art. For example, when purchasing a tour, your representative said that the proposed hotel is located 2.5 km from the beach, and a free bus runs to it every 15 minutes.

Info However, upon arrival we found out that the beach is not 2.5 km, but 6 km, and a free bus runs three times a day, and therefore we had to incur additional costs for a taxi. During the holiday, these expenses amounted to rubles. In accordance with Art.

We were also promised that there would be a children's club, a water park, animation, etc. on the hotel premises. Due to the fact that we were traveling on the trip with 2 young children, the presence of a club was an essential condition of the contract for us.

Instead of the room …………………………… stipulated by the contract, I was accommodated in a room category: standard, semi-luxury, deluxe, etc. The additional services included in the price of the tour were defined as ………………… …………………………………………………………………………………… excursions, museums, exhibitions, etc. However, I was forced to pay for tickets to visit… ……………………………………………………………, which violates the terms of the contract. How to return money to a Sberbank card if you made a mistake with a transfer to your phone If finances were credited by mistake....

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How to write a complaint to a travel agency about reducing vacation days Evgeniy Sazhin Related Articles. Sanctions for returning a trip to a sanatorium Online car insurance osago rosgosstrakh official website Documents for temporary residence permits for citizens of Uzbekistan married to a citizen of the Russian Federation Contents: Complaint to a travel agency for reducing vacation time Complaint to a travel agency How to write a complaint to a tour operator?

The procedure for drawing up and a sample of a claim to a tour operator for a refund of money Complaint to a travel agency Complaint against a tour operator. The court also, by its decision, upon satisfying the claim, collects from the executor a fine in the amount of fifty percent of the amount awarded by the court in favor of the consumer for failure to comply with the voluntary procedure for satisfying his demands.

Here you can also make a claim regarding the distance to the sea, the lack of Russian-speaking staff on site, individual air conditioning in the room, lack of animation in Russian, etc.

However, upon arrival we found out that the beach is not 2.5 km, but 6 km, and a free bus runs three times a day, and therefore we had to incur additional costs for a taxi. Previous Registration in St. Petersburg for citizens of Ukraine after receiving a temporary residence permit.

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What law protects the rights of tourists

The main law regulating all areas of relationships between sellers and buyers of both goods and services is the Law “On the Protection of Consumer Rights” No. 2300-1 of 02/07/1992. In the field of tourism, there is another law - “On the fundamentals of tourism activities in the Russian Federation”. Federation" No. 132-FZ dated November 24, 1996. The procedure for filing claims is regulated by the Law "On the procedure for considering appeals from citizens of the Russian Federation" No. 59-FZ dated May 2, 2006. In addition, three more documents cannot be ignored:

• Law “On the Prosecutor's Office of the Russian Federation” No. 2202-1-FZ of January 17, 1992;
• Part two of the Civil Code of the Russian Federation No. 14-FZ of January 26, 1996;
• Criminal Code of the Russian Federation No. 63-FZ of June 13, 1996

How to file a claim

To submit an application to the agency, the initiator can use several options.

1. Submit your claim in person. In this case, the person may incur additional transportation costs. But this method will allow the client to personally verify that the application was delivered to its destination. Also, during a personal visit, disagreements can be resolved at the negotiation stage. Conducting a conversation is a beneficial option for both parties, since it avoids formal proceedings, which will inevitably entail financial and time costs for both parties.
2. The claim can be sent by email to the service company. Almost every tour operator has such funds. But in this case, the initiator will not have documentary evidence that the appeal was delivered to the addressee. The recipient may ignore the application, citing a computer malfunction.
3. Postal delivery is allowed. This option saves the initiator from transportation costs. If you send a letter by special correspondence, you can receive a notification about the results of delivery to the addressee.

Each person, based on his capabilities and the characteristics of the current situation, chooses a method at his personal discretion.

What can be demanded from the operator for violating the terms of the contract?

The size and wording of the requirements depend on at what stage of the contract the violations of the tourist’s rights were committed.

If problems arise before departure (paperwork, departure, etc.), you have every right to demand termination of the contract with the return of all amounts paid and moral damages.

If the vacation took place, but its conditions were worse than agreed or did not correspond to those, then terminating the contract no longer makes sense. The claim must also require cancellation of the contract with the return of funds spent and compensation for moral suffering.

These differences are due to the fact that the contract for the provision of tourist services has exact terms of execution, and as soon as you get off the plane on your home soil, its validity ends.

Amount of monetary compensation for refusal of travel services

What can a client recover from a travel company? This can be either a compensation payment or a full refund.

In theory, the travel company must return all money that the client transferred to it before the start of the booking or advance purchase of other services.

That is why, before filing a claim and before signing an agreement with a travel company, it is important to study all its points, especially those related to financial relationships.

If the company undertakes not to use the funds until a certain time and keep them only as a guarantee of fulfillment of the terms of the contract, then a 100% refund is possible. In practice, this can only be done when the company is directly interested in a loyal relationship with the customer.

In order not to return part of the funds, companies are cunning: they provide the court with a booking sheet and all kinds of documents confirming advance payment of money to other performers as justification for refusing a claim.

Important

The usual practice of travel agencies and travel agents is, immediately after receiving the client’s funds, to transfer them in the amount of at least 50% to the accounts of hotels, restaurants, and companies that provide services. This will allow them to legally justify the non-refund of actual costs incurred.

Thus, it is unlikely that you will be able to return all the money. Compensation in a real dispute with a travel agency will be the amount paid on the invoice minus the actual costs of the travel company or travel agent.

Is there any point in filing a complaint?

The answer to this question depends on your determination to complete the task, despite the possible costs and loss of time. Travel companies often encounter such demands, have extensive practical experience in dealing with them, and often refuse to satisfy legal requirements. But even so, according to statistics, only in 30% of cases claims reach judicial review.

If you are ready to go all the way, then the claim should contain exactly the same requirements that will later appear in your claim.

Attention! Writing a claim does not mean that litigation is already inevitable, but you need to be prepared for it. Otherwise, drafting this document is a waste of time.

It is also very important to have an idea of ​​what you can expect if your requirements are met. Theoretically, the travel agency must return all funds received, pay for moral damages and direct costs of the tourist.

Reference! In practice, many companies transfer 50% of the funds received under the agreement to their counterparties (hotels, restaurants, companies, etc.), and do this immediately. This gives them the legal right not to return that part to you.

Therefore, it is necessary to understand that it will be possible to return all funds only in one case - if the contract stipulates the travel agency’s obligation not to use the funds received before the start of the contract. But this happens quite rarely. However, you can additionally count on 50% of the cost of services not provided and some amount of compensation for moral damage.

Attention! Thus, it will be possible to return only that part of the payment that is not documented by the tour operator as expenses actually incurred to fulfill obligations.

In what cases will the money be returned?

The tourist can return his funds in whole or in part. It depends on the reasons why the trip did not take place.

Fully

A full refund is given in situations such as:

1. The tour operator is guilty of failure to fulfill the contract.
2. The tourist has valid reasons due to which he cannot go on a trip.
3. The tour operator declared itself bankrupt.

Reference!
Sometimes tour operators refuse to refund money paid for an air ticket. In Part 2 of Art. 108 of the Air Code of the Russian Federation states that the carriage charge can be returned if there are valid reasons, including illness or death of close relatives. These circumstances must be documented. Coronavirus has caused tour operators to cancel sold trips to countries where the epidemiological situation is bad. The situation applies to tours that were fully or partially paid before March 31, 2021. Travelers can receive a refund or reschedule their trip to any dates until the end of 2021. In this case, tour operators are obliged to organize a trip at the same price and under the same conditions as originally agreed.

Partially

If a tourist refuses to travel for personal reasons, he will have to pay the following expenses to the tour operator:

• cost of non-refundable air tickets;
• hotel reservation;
• health insurance;
• Visa fees.

This rule applies when the buyer changes his mind about traveling in the chosen direction or on the specified dates on his own initiative, without a good reason. The tour operator must document the amount he spent on organizing the vacation.

A tourist gets a partial refund if he has flown away on vacation, and then extenuating circumstances arise that force him to interrupt his vacation ahead of time. Refunds will be made based on the services actually provided.

Deadlines for filing a claim with the tour operator

Here, too, various situations are possible. If the violations that gave rise to the complaint arose before departure, then you can write it almost immediately. Most likely, at this stage all problems will be quickly resolved by the tour operator.

If the vacation has taken place, then the legislation establishes a 30-day period for filing a claim, starting from the end of the contract (Article 10 of the Law “On the Fundamentals of Tourism Activities in the Russian Federation” No. 132-FZ of November 24, 1996). Moreover, if there are justifiable grounds (illness, natural disasters, etc.), this period can be extended.

Important! Missing the deadline for filing a claim is not a reason for the tour operator not to respond to it (Clause 4 of Article 425 of the Civil Code of the Russian Federation). An application to the court can be filed during the entire limitation period, which in this case is 3 years (Article 196 of the Civil Code of the Russian Federation).

What to do if the claim is not satisfied

Statistics clearly show that not all tour operators are ready to voluntarily return money to the client and satisfy the requirements set out in the complaint.

If the tour operator refuses the claim, then to protect legal rights and interests you will need to apply to the courts.

Important

When drawing up a claim, you should indicate that if the tour operator refuses to satisfy the requirements set out in the claim, contact the courts with a statement of claim.

In the claim, in addition to the requirements set out in the claim, based on the provisions of Article 151 of the Civil Code of the Russian Federation, demands will be made for payment of compensation for moral damage caused.

In addition, in the text of the claim, it would not be superfluous to remind the tour operator that if the court makes a decision in favor of the plaintiff, the tour operator will be obliged to pay a fine. The amount of the fine will be 50% of the cost of the claim.

Competently preparing a claim is not the most difficult thing. It is much more difficult to achieve satisfaction of the requirements set out in the complaint. And since tour operators strive to reduce losses, be prepared for the fact that they will try by all means to evade responsibility.

How to write a complaint to a tour operator

The legislation does not establish a strict form for this document. However, it must comply with a number of requirements.

1. Since the complaint relates to business correspondence, it must comply with the rules of business etiquette. The tone of the document should be businesslike and polite; rudeness and curse words are unacceptable. Typos, erasures, and corrections are also prohibited. The document must be literate from all points of view. The wording is detailed and, at the same time, concise. An abundance of long and complex speech patterns will most likely lead to the manager sending the document to the legal department. And then going to court will become almost inevitable.
2. The claim must contain a number of mandatory information, such as contact details of the author, number and date of the contract, links to relevant laws, deadlines for consideration, details of the account to which funds should be transferred.
3. It is necessary to indicate all important points of the contract and document your claims.

Important! Do not attach original documents to your claim! They must remain with you until the trial.

Supporting documents can be notifications from the tour operator about rescheduling, receipts, checks and anything that can confirm an increase in the cost of the agreed services, photographs of the hotel or its advertising brochure, even eyewitness accounts. But at the same time, it is important to understand how evidentiary your documents are and whether witnesses are ready to speak on your side in court.

Features of filing a complaint against a tour operator

Initially, the citizen must send a request for a refund to the email address of the travel company responsible for the poor quality or canceled trip.
After this, you should visit the tour operator’s office and hand over a sample claim in person. An alternative option is to send a registered letter. These actions are necessary to enable the travel agency to resolve the conflict before the case is considered by the courts. Each claim must have documentary evidence. Evidence may include photographs from the hotel room, receipts, checks and other financial documents confirming additional financial expenses. The travel company has 10 days during which the claim sample must be reviewed. If the established time has expired and there is no response, the citizen has every right to file a claim in the courts.

When drawing up an application to the court, it is necessary to take into account the rules and regulations of the current legislation. Another important condition is a detailed description of the situation that gave rise to the claim.

The efficiency of actions, as well as their correctness and literacy, have a direct impact on the outcome of the case in court. After returning from a failed trip, you need to act immediately, since only in this case the chances of success will be as high as possible.

As for drawing up a sample claim, this document does not have a strict form. However, there are mandatory requirements that must be followed. In particular, we are talking about compliance with business correspondence standards, the absence of errors, corrections and abbreviations. Emotional expressions and obscene language must not be used in the text of the complaint. The essence of the problem is reflected in as much detail as possible, but the content should remain concise. Failure to comply with at least one of these requirements entails refusal to consider the claim.

How to submit a written complaint to a tour operator

Now let's say a few words about how to deliver a written claim. First of all, we note that refusing to file a claim in favor of immediately going to court is a big mistake. The judge may refuse to consider your claim on the basis of Part 1, Clause 1, Art. 135 of the Civil Procedure Code of the Russian Federation, since Part 8 of Art. 10 of the Law “On the Fundamentals of Tourism Activities in the Russian Federation” No. 132-FZ of November 24, 1996 establishes a mandatory pre-trial review procedure in the case of tourism products.

You can submit a claim in several ways:

• firstly, via email. The method is the least preferable, since it is impossible to prove the fact of its receipt by the tour operator;
• secondly, by registered letter with acknowledgment of receipt. Obviously the most optimal way;
• and, thirdly, personally or through a representative who has a notarized power of attorney. In this case, you need to be prepared for the tricks of the travel agency employees. They may claim that they do not have the authority to accept such documents, refuse to sign the second copy, claim that the document is still being considered, has been lost, has not been submitted at all, etc. If you encounter anything similar, please remind the tour operator that this may result in additional penalties as provided by applicable law.

If your claim is rejected (and this happens most often), then feel free to file a lawsuit. It is better to use the services of experienced lawyers. The law allows for filing claims for the protection of consumer rights not only at the location of the defendant, but also at the place of registration of the plaintiff (Clause 7, Article 29 of the Civil Procedure Code of the Russian Federation). Therefore, first study such cases on the website of the court to which the tour operator belongs.

Attention! If the majority of decisions in this court are made in favor of the travel agency, then file a claim at your place of registration.

Refund procedure

The terms of the return of funds under the agreement are strictly regulated by the obligations of the parties. As a rule, they should not exceed the period for consideration of the claim - 10 days. If a refund in case of cancellation of a trip is postponed by the travel agency for an indefinite period or no response is received, there is every reason to act more actively: write a complaint to government control services or the court.

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If a compromise is found, then it is advisable to re-check the documents for the refund so that they contain the correct details, addresses and surnames of the recipients. The search for funds sent to the wrong address due to incorrect details may take several weeks.

A little about moral hazard

The legal basis for claims for compensation for moral damage is contained in Art. 1099-1101 of the Civil Code of the Russian Federation. However, there is still no unified legal practice to resolve this issue. Although the maximum amount of claims is not limited, the final amount is determined by the court independently. The following are taken into account:

• degree of severity and nature of moral consequences;
• the presence of the very fact of some suffering;
• consideration of the specific harm that has occurred.

The burden of proof of the existence and extent of moral damage caused lies with the plaintiff.

There are special formulas that allow you to more or less accurately determine what amount of compensation is optimal. But in the case of tourist claims, you can do it easier - the maximum amount is determined by the size of the contract, plus a few thousand rubles. The latter is done so that the court has room to maneuver in the direction of reducing the claims.

Form and content

A sample claim is attached to the article. The text must indicate a comprehensive amount of information that will reflect the essence of the appeal.

The contents of the document must include:

1. Full information about the tour operator - official name, location.
2. Information about the client – ​​full last name, first name, patronymic, residential address, passport details, contact phone number. It would be a good idea to provide an email address.
3. Dissatisfaction that was caused by the trip, for example, uncomfortable accommodation, lack of medical care, unreasonable financial expenses.
4. Requirements for the service company, for example, a claim to a travel agency for a refund.

The completed claim must be signed by the initiator. The date of its execution must be indicated on the document. Supporting documentation must be attached to the claim. These may be certificates and receipts issued by the receiving party, photos and video materials, written explanations of witnesses.

When to expect an answer

Decree of the Government of the Russian Federation No. 452 of July 18, 2007 “On approval of the Rules for the provision of services for the sale of tourism products”, as well as Art. 31 of the Law “On Protection of Consumer Rights” No. 2300-1 of 02/07/1992 establishes a 10-day period for responding to a consumer complaint. Moreover, we are talking about calendar days, not working days. Clause 5 Art. 28 of the Law “On Protection of Consumer Rights” defines liability for violation of these terms - 3% of the cost of the service per day. As already mentioned, travel agencies have extensive experience in dealing with consumer complaints. In addition, they maintain a staff of lawyers who are well acquainted with the law. Therefore, if the claim is drawn up correctly, and in a conversation or even in the text of the claim itself you show that you are familiar with the laws, then the answer will arrive on time, within 10 days. Most likely, it will contain the terms of some kind of settlement agreement that partially satisfies your requirements.

We advise you to seriously consider it. After all, in court you will have to deal with experienced lawyers who are able to refute many of your arguments and challenge many documents. In this regard, you may need the help of an experienced lawyer to support your case. Therefore, if the amount of damage is small, and the very fact of satisfying your demands is important to you, then it probably makes sense to agree to a settlement. If not, then judicial review of the case is inevitable.

Arbitrage practice

A claim against a travel agency for a refund of funds is considered quickly enough if each party does not delay the process and submits all the necessary documents for a fair resolution.

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Let us note one important detail that emerges precisely at the stage of legal disputes between clients and providers of tourism services. You must always keep the originals of payment documents, requirements and the agreement with the travel company.

Do not submit the originals with your statement of claim during a pre-trial dispute! Do not give in to persuasion and save the entire package of documentation. Without them, the legal dispute cannot be won. The court may require you to provide the necessary information, but it is better not to rely on the good faith of a negligent performer. After all, such firms are not interested in resolving the dispute in favor of the client.

If the client has a package of documentation in his hands, and the circumstances of the case are clearly in his favor, then the dispute in any case will end not only with the recovery of a compensation amount, but also with the payment of moral and material costs.

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It should be said that there are examples of positive decisions in favor of consumers in litigation in this category of cases. In addition to collecting compensation, in addition to the refundable amount, the courts recovered 50% of the cost of services not provided. In this case, the courts refer to Article 13 of the Law “On the Protection of Consumer Rights,” as well as to the practice of the Plenum of the Supreme Court of the Russian Federation, including the 2012 resolution “On the consideration of disputes regarding the protection of consumer rights.”