First, let's separate the flies from the cutlets - let's explain that the article will focus on ready-made tours purchased from tour operators and travel agents. If you purchased your own airline tickets or booked a hotel room and now want a refund, keep in mind that these are different situations.
As for refunds for vouchers that already include flights, hotel accommodation and other services, this issue is regulated by two laws - “On the Fundamentals of Tourism Activities in the Russian Federation” and “On the Protection of Consumer Rights”. The second law is general and in this case complements the first.
So the trip did not take place. There are two possible situations here: 1) entry into the country was closed; 2) entry was not closed, but you did not fly because you were unable to due to circumstances beyond your control, for example, you got sick, or you simply did not want to take risks.
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Special conditions will apply to those tourists who purchased a tour up to March 31, 2021 inclusive, the bill says. From its text it follows that we are talking about trips in all directions, both within Russia and abroad. Due to forced downtime since March, travel agencies have accumulated obligations for more than 600 thousand postponed tours, the Association of Russian Tour Operators (ATOR) estimated. Taking into account canceled tours for June-July, the number of such obligations will exceed 800 thousand.
The amount of prepayments that Russians made only for foreign tours is about 50 billion rubles. until the end of 2021, says RBC’s interlocutor close to Rostourism.
Clients who booked tours after March 31 and made an advance payment will most likely be able to get their money back, believes Ilya Umansky, head of the ATOR Domestic Tourism Committee. But the number of clients who booked tours already at a time when the borders were closed and the possibilities of travel even within Russia were not clear was minimal, so we are talking about insignificant amounts, notes Umansky.
Airlines were offered to pay ₽365 for uncarried passengers Business
What can tourists ultimately get?
The essence of the special conditions for resolving the issue of sold but not completed tours is not explained in any way in the adopted bill. The by-laws will spell out the rules for concluding additional agreements to existing contracts for the provision of tourism services, a representative of Rostourism said.
The tourist will receive a guarantee from the tour operator, which he can use to receive services within a period that will be agreed upon separately, and if he does not use this service during this period, he will be able to return the money, Umansky suggests. According to his estimates, Russian tour operators will need at least one year to fulfill deferred obligations. More comfortable, according to the expert, would be a period of one and a half years - such a time period is now being introduced in a number of European countries.
Under what conditions will money be returned for tour packages to other countries?
As the Supreme Court emphasizes, the consumer has the right to terminate the contract, even if travel to a certain state is not prohibited or there are no recommendations to refrain from visiting the country. But in this case, the tour operator will return to the consumer only a certain amount minus the actual expenses incurred. Based on Article 32 of the Law “On the Protection of Consumer Rights,” a travel agency can deduct from you its expenses that it has incurred in connection with the organization of the trip. This could be payment for ordered air tickets, insurance, hotel reservations, etc.
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So, for example, today the cancellation of tours to Thailand, Vietnam, Turkey or other European countries (except Italy) does not yet give the right to a full refund, since there have been no recommendations from federal authorities not to visit these countries.
As originally planned
The original version of the bill stated that the government in some cases, for example, when a state of high alert is introduced in the country or when a foreign state restricts the entry of tourists, can suspend the tour operator’s obligations enshrined in the law to return the client’s money for the tour.
Instead, the tourist should have received a guarantee from the company that he would be provided with an equivalent tour. This means that the program, route, travel and accommodation conditions, such as location or hotel category, will be equivalent to those that were specified in the contract when purchasing the tour.
If the price of an equivalent tour at the time the service is provided is higher than that specified in the contract, the tour operator has no right to demand an additional payment from the tourist. If the tourist does not take advantage of such an equivalent tour within the agreed time frame, the travel agency must return the money within ten working days, as stated in the first version of the bill.
How to get a refund for a trip canceled due to a pandemic?
Appendix No. 1
To (indicate the name and address of the travel agent, tour operator)
From (full name, address, telephone, email)
Application for termination of the contract for the sale of a tourism product and refund of funds in full
“____” ____________2020 between _______________________________ (indicate the name of the travel agent, tour operator) and me ___________ (indicate full name) agreement No. ___________________ was concluded on the sale of a tourism product in _______________________ (indicate the direction of the route) for ________ (indicate the number of people).
In pursuance of paragraph ______ (indicate the clause of the agreement) of the above agreement dated “____” ____________20__, I paid the cost of the tourism product in the amount of ________________ (indicate the cost of the tour in numbers and words), which is confirmed by payment documents. Thus, I fulfilled my obligations under the contract in full and on time.
According to the concluded agreement, the tour must take place from ______________ (specify date) to _____________ (specify date). “____” _________ 2021 on the official website of the Federal Agency for Tourism and the operational headquarters for the fight against coronavirus published information about the existence of circumstances indicating a threat to the health safety of tourists located ____________.
In accordance with clause 18 of the Rules for the provision of services for the sale of a tourism product, approved by Decree of the Government of the Russian Federation of July 18, 2007 No. 452 (hereinafter referred to as the Rules for the provision of services for the sale of a tourism product), the services included in the tourism product and the process of their provision must be safe for life, health, consumer property and the environment, and also not to cause damage to the material and spiritual values of society and the security of the state.
Since the sale of a service may cause harm to life, health and property, under the current circumstances I have the unconditional right to demand termination of the contract for the sale of a tourism product due to a significant change in the circumstances from which the parties proceeded when concluding it.
In accordance with Art. 10 of the Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation” (hereinafter referred to as the Law on the Fundamentals of Tourism Activities), each party has the right to demand a change or termination of the contract for the sale of a tourism product due to a significant change in circumstances, from which the parties assumed when concluding the contract.
Relations arising in the exercise of citizens' rights to rest, freedom of movement and other rights when traveling are regulated by the Law on the Fundamentals of Tourism Activities. Under these circumstances, the provisions of Art. 14 of the Law on the Fundamentals of Tourism Activities, from which it follows that in the event of circumstances indicating the emergence of a threat to the safety of their life and health in the country (place) of temporary stay of tourists (excursionists), as well as the danger of causing harm to their property, the tourist (excursionist) and (or) the tour operator (travel agent) has the right to demand in court the termination of the contract for the sale of a tourist product or its modification.
If the contract for the sale of a tourist product is terminated before the start of the trip due to the occurrence of the circumstances specified in Art. 14 of the Law on the Fundamentals of Tourism Activities, a sum of money equal to the total price of the tourism product is returned to the tourist and (or) other customer.
Article 452 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation) provides for the pre-trial stage of dispute resolution.
In connection with the above and guided by Art. 10, 14 of the Law on the Fundamentals of Tourism Activities, clause 18 of the Rules for the provision of services for the sale of tourism products,
ASK:
1. Consider this application on its merits.
2. Terminate the contract for the sale of a tourist product dated _______ No. _____.
3. Refund to me the amount of money paid under the contract for the sale of a tourism product dated _______ No. _____ in full ________ (indicate in numbers and in words), since the demand was made before the start of the trip_____ (indicate the date).
If a 100% refund is not possible, please provide documents confirming the actual expenses incurred in connection with the organization of my trip.
In case of refusal to satisfy the requirements voluntarily on the basis of clause 1 of Art. 11 Civil Code of the Russian Federation, clause 1 art. 17 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the Protection of Consumer Rights” I reserve the right to seek judicial protection of my violated rights and legitimate interests.
Please give your answer in writing within 10 days from the date of receipt of the application at the address: _________ (specify).
Application:
(transfer)
1. A copy of the agreement on the sale of a tourist product dated ____No. _____on ___ l. in 1 copy.
2. A copy of the check dated ___________ No. ___________ on ___ l. in 1 copy.
3. Other documents (specify).
date
Signature / Signature decryption
Refund of money back for poor quality services provided
Refunds are regulated by Article 29 of the PZPP.
To eliminate the shortcomings of the service, the buyer must contact the tour operator during the trip. Most operators have representatives at the tourist's location. It is these people who are authorized to solve problems that arise during the provision of services.
If after the first contact the deficiencies are not eliminated, you must contact the seller’s representative with a written request to provide a service of adequate quality.
A claim with a detailed description of all problems is drawn up in 2 copies. One is handed over to the operator’s employee, the second with a receipt mark remains with the tourist. In a situation where, after returning home, you have to go to court, this document will become one of the evidence.
In accordance with Art. 10 of the Federal Law on Tourism, within 20 days after the end of the tour, the traveler has the right to contact the travel agency with a demand for a refund of part of the money if any services were not provided or turned out to be of poor quality. In a situation where a tourist has invested his own funds to eliminate deficiencies, he has the right to demand reimbursement of expenses incurred.
To do this, a claim is drawn up, which indicates all the facts of quality violations, for example, if instead of the promised five-star calving, the holiday took place in a three-star calving. The more evidence you provide, the better: copies of hotel documents confirming its star rating, photographs. All forced expenses must be documented with checks and receipts.
The claim is drawn up in 2 copies. One is transferred to the travel agency office, the second with an acceptance mark remains with the buyer. If it is impossible to transfer the document, it must be sent by registered mail with a list of attachments.
According to Art. 31 of the Law of the Russian Federation, these requirements must be satisfied within 10 days.
Return mechanism
The rules for returning to tourists and/or other customers the sums of money they paid for a trip from the tour operator’s personal liability fund are regulated by Decree of the Government of the Russian Federation dated 04/08/2020 No. 461. It is valid from April 17, 2020.
We are talking about restricted foreign trips for tourism purposes, which were planned for the period from the beginning of restrictions on the entry of tourists until 06/01/2020.
A list of countries with start dates for restrictions on entry into them can be found on the Rostourism website.
Basic conditions for a refund:
- the contract for the sale of tourism products was concluded until 04/04/2020 ;
- the period of actual provision of services under this agreement completely or partially coincides with the period of entry restrictions;
- the tour operator is not in the process of reorganization or liquidation and has not been subject to bankruptcy.
The main stages of the trip refund process are as follows:
- sends a refund notice to the Association of Outbound Tourism Tour Operators no later than April 15, 2020
- Within 6 months from the date of sending the notification, the tour operator creates a register of tourists’ demands for a refund.
- Before completing , the tourist or his representative must present the specified requirement to the tour operator (its form will be approved by the mentioned Association and posted on its website https://www.tourpom.ru/).
- The tour operator submits to the Association documents related to requests for a refund.
- Within 60 working days from the date of receipt of these documents, the Association transfers money to the bank account of the tourist or his representative (refusal is possible, for example, if the tour operator has not submitted all the documents).
Those traveling independently (so-called savages) will have to return money for individual services in accordance with the Consumer Protection Law, since airlines or hotels may refuse a refund. It is possible that you will have to go to court.
What to include in the requirement
A request for a refund for a trip must contain the following information:
- FULL NAME. (if available) and place of residence of the tourist/other customer (TIN, OGRN and place of residence of the individual entrepreneur or name, TIN, OGRN and location of the legal entity);
- number of the contract for the sale of a tourism product (if any) and the date of its conclusion;
- period of travel (actual provision of services);
- the total price of the trip in accordance with the contract;
- amount of money to be returned;
- a list of services provided to the tourist that are included in the voucher (if such services were provided);
- bank account details of the tourist and/or other customer or their representatives for transferring money from the tour operator’s fund.
How to refuse a tour abroad in different situations?
Illness in yourself or your child
According to Art. 10 of the Federal Law on Tourism, any party to the contract may refuse to fulfill it in the event of a significant change in circumstances. The law treats a tourist’s illness as a situation that does not depend on the will of the parties. For example, if a passenger was urgently hospitalized the day before departure to have appendicitis removed, refusal of the trip would be legal.
Refusing to return money if a child is sick is illegal. In case of a tourist trip for a mother and child, 2 seats on the plane and hotel are reserved, and 2 separate insurances are taken out.
That is, from the point of view of the law, a child is an independent tourist.
Refusal will be illegal when hospitalization occurs in a disabled person. Being permanently ill does not mean that a person cannot travel. Being in the hospital is an emergency.
To receive money, you need to contact the company with which the travel contract has been concluded and present a certificate of temporary incapacity for work. The money will be returned, but the operator has the right to withhold the amount of expenses incurred.
I couldn't go
Other valid reasons may be a summons to court, a tax service ban on traveling abroad. These circumstances are characterized by the buyer's lack of desire to abandon the tour. The conditions for returning will be the same as in case of illness.
If it turns out already at the airport that the flight is prohibited, according to the air code the money will not be returned, since the refusal period is at least 24 hours. The same situation applies to visas and insurance. But the question remains about the hotel and additional services; you can contact the travel agency about them.
Changed my mind about going
If a traveler has simply changed his mind about going on vacation, it is better to contact him at least a month before departure. Then there is an opportunity to receive all the money paid. You must contact the company with which the travel contract was concluded and request a refund of the amount paid.
MONEY WILL BE REFUNDED WITH INTEREST
If the tour operator returns the money to the tourist due to the fact that he did not notify him of the provision of the obligation, because of the termination of the contract at the initiative of the tourist, because of the refusal to take advantage of the obligation to provide an equivalent tour, or because the tourist is in a difficult life situation, then refunds are made with interest.
Thus, according to the Regulations, in these cases, the tour operator will be obliged to pay the tourist, in addition to the amount under the contract, “interest for the use of the specified funds in the amount of one three hundred and sixty-fifth of the key rate of the Central Bank of the Russian Federation, effective on the date of entry into force of this Regulation, for each calendar day of use."
In this case, interest is accrued from the day the customer submits the corresponding demand until the day the amount of money paid for the tourist product is returned to the customer.
Is it possible to return a tour purchased through early booking?
Early booking allows you to purchase a trip long before your vacation at better prices.
Travel agency contracts usually indicate that the penalty for canceling a tour is 100% of the cost. But over a long period of time, a lot can happen.
This provision is unlawful, since any tourist trip is subject to the requirements of Articles 10 of the Federal Law on Tourism and 32 of the Federal Law on Tourism. Therefore, the travel agency’s refusal to terminate the contract and return the money violates the law and is grounds for going to court.
Note: changing the people listed on the tour package in relation to early bookings is usually possible with the agreement of the company. A new contract is concluded and the price for which the original one was drawn up is paid.
WHAT IS A “DIFFICULT LIFE SITUATION”
The difficult life situation of the tour customer (tourist) means any of the following circumstances :
- the customer has a disability confirmed in the prescribed manner;
- temporary disability of the customer for a period of more than 2 months in a row;
- registration of the customer as an unemployed citizen who has no income with the employment service in order to find a suitable job.
If the tour operator has not properly notified the tourist about providing an equivalent tourism product in exchange for the failed tour (within 2 months), then he must return the funds paid to him by December 31, 2021.
Is it possible to cancel a tourist trip?
After purchasing a tour, you may need to return it. For example, a person booked a tour to a boarding house in the winter in order to improve his health in the summer. But within six months the disease subsided, and the desire to relax in a medical institution disappeared. It is possible to get your money back.
The law provides for various cases and ways to terminate a contract for tourist services.
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Repayment terms and interest
From what moment is the 90-day period of return calculated for “preferential” categories of tourists?
On this issue, again, there are two positions that can be used for specific tasks. Those who need to delay the return period will adhere to the following: the resolution came into force from the date of publication, that is, July 24, 2021, from which the 90-day period is calculated. This approach is justified by the fact that the law cannot worsen the situation of travel agencies, which, acting in good faith, did not and could not know about the release of the Resolution and therefore, for example, should not pay fines or penalties for delay.
If the return needs to be accelerated, then the following arguments will be used: the resolution has entered into force, it specifies a period of 90 days from the date of presentation of the demand. Thus, if the 90-day period has already expired at the time the resolution is issued, the funds must be returned immediately.
From what date is the interest on the refund of funds stipulated by the resolution calculated?
And again, the positions of lawyers can be different - they can be used for specific tasks. If it is necessary to increase the amount of the refund, then the point of view will be as follows: interest is calculated from the date of presentation of the initial request for the return of funds, exactly as specified in the decree.
If the amount needs to be reduced, then the position will be based on the fact that interest accrues no earlier than July 24, 2021, when the resolution was issued.
