Unfortunately, planning vacations and trips abroad may not always be a pleasant experience. It happens that circumstances are so unfortunate that it was not possible to use the paid tour package. There may be many reasons why you cannot travel and, unfortunately, many of them are beyond your control. But what about the money paid for an unused trip? Should the tour operator issue a refund and do you have the right to claim any compensation?
If you need legal assistance to protect your rights, resolve a conflict with a travel agency, or file a claim against a tour operator, you can contact our consultants.
Complaint to travel agency
Claim against a travel company for pre-trial settlement
Complaint against a tour operator
Claim for a refund for a travel service not provided
Claim for compensation by the travel agency for losses and moral damages
Claim for termination of the contract with the travel agency and refund of payment for the trip
Just enter your question into a special online form posted on our website, and our lawyers will tell you:
- Is it possible to return a tour package;
- what to do if a tourist gets sick before departure;
- is it possible to cancel a trip less than 24 hours before departure;
- how to get money back for a trip;
- what is the procedure and terms for refunding money for an unused tourist voucher;
- what law regulates consumer rights on the territory of the Russian Federation;
- where can you complain to the tour operator for a refund?
Preparing for the tour
To avoid problems when applying for a tour package, you need to make inquiries about the tourist organization. Any travel agency must be registered in the State Register. When signing the agreement, you need to pay attention to what is written in the “Obligations of the Parties” section. Pay attention to the paragraph that describes the reasons for returning the vouchers, and what financial losses the buyer incurs.
All received documents must be kept until the end of the trip. In case of controversial issues, they will help resolve them.
Reasons why a citizen can refuse a trip and receive compensation payments:
- for personal reasons;
- due to circumstances beyond anyone's control;
- due to the fault of the travel agency.
List of reasons due to the fault of the organizer
Travel agencies and their partners are responsible for the entire process of organizing a tourist route. This is reflected in Article 9 of Federal Law No. 132.
The partners are:
- transport companies carriers;
- third parties;
- tour operator
In case of a failed trip, the tourist contacts the travel agency for a refund and compensation for the canceled tour. According to Art. 451 of the Civil Code of the Russian Federation and Art. 10 Federal Law No. 132, the organizer’s fault is the refusal of its obligations or their changes that were made without notifying the client. These include:
- change in departure times;
- bankruptcy;
- inability to obtain a visa;
- the tour operator refused to use the services of the transport campaign due to unexpected unprofitability. This may happen due to a sudden increase in fares.
List of reasons for independent circumstances
The legislation provides for the following independent circumstances that caused the cancellation of the tour:
- natural disasters;
- emerging epidemic of a dangerous disease;
- mass riots;
- military coup;
- The life and health of a tourist is under threat due to the changed situation in the country.
List of reasons for personal reasons
A travel agency client has the right to cancel a trip due to personal circumstances. These include:
- force majeure circumstances in the family;
- disease;
- death.
How to get your money back for a trip due to coronavirus
From March 30, 2021, by order of the Government of the Russian Federation No. 763-r, borders and air traffic were completely closed for vacationers. The exception was an exhaustive list of persons (employees of the Ministry of Foreign Affairs, consulates, etc.). It has become almost impossible to go on vacation to popular Indonesia, Asia, and European countries. Tourists began to return their vouchers. Returning to Russian territory is also difficult.
The official information of Rostourism, published in the media, reassured citizens. The cost of purchased tours will be fully refunded if you planned to visit a country where a regime has introduced a threat to the safety of tourists (for example, Italy). You can find up-to-date information on all countries on the Rostourism website.
Currently, air traffic and entry of foreigners into the most popular countries are Spain, Greece, China, etc. prohibited, with the exception of employees of consulates and diplomatic missions.
The Federal Tourism Agency notifies: if the traveler intended to travel to countries where the situation with coronavirus has not yet reached a general danger, then you can demand termination of the contract due to a change in essential conditions.
In other words, a tourist can write a statement indicating that the circumstances were different at the time of purchasing the tour package. Currently (as of April 14, 2020), almost all countries have an entry ban, and Russia’s borders for Russian tourists also remain closed. This means that travel agencies and tour operators are required to refund money to travelers who cancel their trip .
In addition, the Decree of the Chief State Sanitary Doctor of the Russian Federation dated March 30, 2020 No. 9 “On additional measures to prevent the spread of COVID-2019” is posted on the Rospotrebnadzor website. Its content, like the content of other related orders, indicates an immediate threat to the safety of Russian citizens, including when they visit other countries. Consequently, this resolution and other published documents regarding measures to prevent the spread of coronavirus infection can be additionally referred to when requesting a refund for a trip.
All these publications are nothing more than an official message from the authorities about a security threat, which is the basis for termination of the contract for the provision of tourist services in accordance with Art. 14 of Law No. 132-FZ.
Usually the return occurs without problems, since otherwise the travel company may be held liable and subject to large fines. To get your money back, a citizen just needs to cancel the trip in writing and ask for a refund:
General Director of Poezdka LLC (tour operator) Address: Lipetsk, st. Rodiny, 90 Tel./fax: 890099
Rogozhkin Alexey Alekseevich, living in Lipetsk, st. Rybnaya, 10, tel. 89292
APPLICATION (Claim) for a refund for a tourist package (sample)
01/20/2020 between me and Poezdka LLC, represented by Deputy General Director Olipetskaya P.D. An agreement for the provision of tourist services No. 000 was concluded, according to which on 01/21/2020 I made 100% payment for a tour for two persons in the amount of 87,000 rubles. According to the terms of the agreement, Poezdka LLC undertook to provide services for organizing the trip of Rogozhkina A.A., Rogozhkina A.S. to the state of Egypt in the period from 05/02/2020 to 05/10/2020.
Currently, there is a need to terminate this agreement due to the spread of coronavirus infection in the world, which has created a safety threat for tourists.
In accordance with Art. 7 of the Law of the Russian Federation No. 2300-1 “On the Protection of Consumer Rights”, the consumer has the right to ensure that the service is safe for the life, health of the consumer, and the environment.
According to Art. 10 of the Federal Law of the Russian Federation “On the Fundamentals of Tourism Activities in the Russian Federation” dated November 24, 1996 No. 132-FZ, a tourist has the right to demand a change or termination of the contract due to a significant change in the circumstances from which the parties proceeded when concluding the contract. Such conditions include deterioration of the travel conditions specified in the contract, as well as the inability of the tourist to travel due to circumstances beyond his control.
According to official data published on the website of the Federal Tourism Agency, from March 19, 2020, a ban on entry into Egypt was introduced and air traffic was suspended; from March 26, 2020, a curfew was introduced in this country.
In accordance with the Order of the Government of the Russian Federation dated March 27, 2020 No. 763-r, in order to prevent the penetration of a new coronavirus infection into the territory of Russia, traffic on messages crossing the state border of the Russian Federation is limited.
According to the requirements of Art. 14 Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation”, upon termination of a tourist product before the start of the trip, the contract for the sale of the tourist product is returned to the customer in a sum of money equal to the total price of the tourist product, and after the start of the trip - part of it in an amount proportional to the cost of services not provided to the tourist .
Based on the above, guided by Art. Art. 10-14 Law of the Russian Federation No. 132-FZ “On the fundamentals of tourism activities in the Russian Federation”, Art. 7 of the Law of the Russian Federation No. 2300-1 “On the protection of consumer rights”,
ASK:
Terminate the contract for the provision of tourist services No. 000 dated January 20, 2020, concluded between A.A. Rogozhkin. and Poezdka LLC, represented by Deputy General Director Olipetskaya P.D.
Return the funds paid by A.A. Rogozhkin in the amount of 87,000 rubles by transferring them to the account (specify details).
Application:
- copy of the agreement dated January 20, 2020;
- copy of the receipt dated 01/21/2020.
Rogozhkin A.A., number, signature
This is an example of a letter for a refund for a trip, which can be rewritten depending on the situation.
For example , if you have purchased a tour to Russia, but due to restrictions on movement between cities, the introduction of a high alert regime in the cities of the Russian Federation, you want to cancel the trip and return the money - in this case, you can also refer to significant changes in conditions, such as this is stated in Art. 10, 14 Federal Law “On the fundamentals of tourism activities in the Russian Federation.” The same example can be used if the refusal to travel is due to other circumstances: illness, death of a loved one, refusal of a visa, etc.
In an application for a refund for a trip, you should also refer to Art. 7 of the Law on the Protection of Consumer Rights, as well as the norms of Law No. 132-FZ.
Money for a failed trip abroad or in Russia must be returned to the client within 10 days, unless otherwise provided by the terms of the contract. Decree of the Government of the Russian Federation dated July 20, 2021 No. 1073 was published, now the tour operator may not return money until December 31, 2021
Please note that the sample shown above is approximate. For example, at present, taking into account the epidemiological situation in the country and the world, large travel agencies and tour operators are returning money to clients without such statements. Usually, this requires writing a simpler version of the application, a template for which the tourist will be asked to fill out in the office. At the same time, if for some reason the tourist does not want to transfer money for the trip or postpones the return in every possible way, it is necessary to write an application according to the sample presented above.
The claim must be sent by mail or submitted in person to a representative of the tour operator (if the tour was purchased from an agency, respectively, to its employee). It is advisable that the copy of the application bear a signature of acceptance , so that later, if you have to go to court, you can prove that measures have been taken to resolve the issue peacefully.
We would recommend duplicating the application by sending it to the travel company’s email address.
By the way, Law No. 132-FZ provides for the right of a tourist not only to terminate the contract, but also to change it. For example, you can leave funds on deposit with a travel agency, and rebook your trip to Tunisia to Cyprus, with later dates. And yet, most travelers, taking into account the global epidemiological situation and the instability of the currency, prefer to terminate contracts and take the money back.
Deterioration of the situation in the host country
The basis for confirming the deterioration of the situation in the host country is an official document from the Ministry of Foreign Affairs, the Ministry of Emergency Situations, the Federal Agency for Tourism, and the Ministry of Health. It can be seen in the form of publications in print media or on the websites of organizations. If a person still enters the country despite the warning, he will not be able to count on a refund for his interrupted vacation.
If a threat arises while staying in another country, the tourist can interrupt the trip and contact the agency with an application to receive the difference between the funds spent and the amount paid to the travel agency.
Tour operator and travel agent: what is the difference?
The less obvious question is: who should I send my refund claim to? Many people mistakenly believe that the organization that sold the trip and took the money for it should bear responsibility, i.e. travel agent. However, the latter only sells a tourism product, but does not provide services. The tour operator is responsible for the execution of the contract, and it is he who, in accordance with the Law on Tourism Activities, bears the responsibility for the return of funds.
It is noteworthy that in judicial practice there are cases where the court imposed the obligation to return money to the consumer specifically to the travel agent. Thus, in one case, the Supreme Court ordered a travel agent to return money to a tourist for a canceled trip, since it was he who accepted the payment, and the tour operator was not to blame for canceling the trip. In addition, the agreement concluded between the tour operator and the travel agent did not provide for the latter’s right to demand a refund of the paid tour price. Accordingly, in this case, a claim should be filed with a travel agent.
How to write a claim to the bank for a refund?
Claim to return furniture to the store
Determination of refund amounts in case of personal force majeure circumstances
The issue of refund for a tour package is regulated by Article 32 of Federal Law No. 2300-1, Article 782 of the Civil Code of the Russian Federation, Article 10 of Federal Law No. 132.
Categories of funds
There are refundable and non-refundable funds.
Returnable:
- consular fee;
- money for purchased tickets;
- Commission of the bank;
- courier delivery costs;
- costs for logistics services.
According to Article 108 of the Air Code of the Russian Federation, money for an air ticket is partially refunded if there is still more than a day before departure. This applies to standard and charter flights.
The use of normative documents when considering cases of refusal to travel on a voucher
The applicant has the right to receive the difference between the amount spent and the amount paid. Tour operators often include in the contract the accrual of fines and penalties. However, these measures can only be applied if one of the parties violates the contract. This does not apply to the client who refused the trip. In this case, Art. 10 Federal Law No. 132 for voluntary refusal to travel.
A tourist who refuses a trip must pay a penalty to the travel agency.
- circulation period 15-20 days – penalty in favor of the agency 30%;
- circulation period 10-15 days – penalty 50%;
- application 4-10 days before departure – penalty 90%
- Application in less than 4 days - 0% penalty.
Update: April 2021
Decree of the Government of the Russian Federation dated April 15, 2021 No. 977-r was published on the official portal of legal information, according to which tourists who purchased tours before March 31, 2020 will certainly receive a refund based on notification from tour operators. Refunds are expected to be made through personal liability funds.
Those who have booked tours to Tanzania (where flights have been suspended) and Turkey (flights to which are suspended from April 15 to June 1, 2021) are wondering: how can they get their money back? The above order of the Government of the Russian Federation is not applicable to such tours.
Regarding the termination of contracts for tours to Tanzania and Turkey booked in winter and early spring for 2021, tourists should familiarize themselves with the terms of the contract. If their trip is planned for the summer of 2021, they must return the money in full. Since the actual expenses have not yet been incurred by the tour operator. Under the terms of standard contracts for the sale of a tourism product, cancellation of a reservation more than 45 days in advance almost always occurs without deduction of any part of the funds paid, regardless of the reasons for canceling the trip.
Regarding trips during the spring and until June 1, 2021, here the tourist has the opportunity to: 1) reschedule the trip to the same country, 2) change the direction in agreement with the tour operator, 3) terminate the contract with a refund. Fortunately, there is a weighty reason - unforeseen significant changes in circumstances that arose objectively (the authorities’ ban on air traffic) and Art. 10 of Law No. 32-FZ.
The tour operator has the right to withhold part of the funds paid, referring to the actual incurrence of expenses (payment of a reservation at a non-refundable rate, commission). If a citizen does not agree with such a withholding, he has the right to go to court. The responsibility to prove to the court exactly what expenses occurred and whether they are justified and non-refundable lies with the tour operator. And if the contract directly prohibits the operator from doing this, then there is nothing to prove at all; it will not help in the dispute.
For tourists' information: the hotline numbers of major tour operators, as well as the federal tourism agency for communication regarding termination of tour contracts to Tanzania and Turkey can be found here. The Government of the Russian Federation has not yet adopted a separate order on the return of money for reservations in Turkey and Tanzania for 2021
How can a tourist make an application?
If the travel agency refuses to pay the money, a statement is drawn up in which the client describes the entire situation with a specific statement of facts and at the end asks to fulfill its conditions. The application must be delivered in person or by registered mail. The company is given 20 days from the date of receipt of the application to respond. After this period, the client can go to court without waiting for a response. Additional ways to return advance funds
In situations where you cannot use the voucher for personal reasons, and the agency does not return the money, you can try to sell the voucher to another person. If such a person is found, it is necessary to notify the company to reissue the voucher. For this you will have to pay for tourist risk insurance
Insurance is issued for a trip lasting more than 30 days. In countries with a visa regime, insurance is automatically included in the cost of the trip. The possibility of insurance is stipulated in Article 10 of Federal Law No. 132.
Lawsuit
In essence, a claim is an almost ready-made statement of claim to the court.
But the statement needs to be expanded a little. A lawsuit can be filed within 3 years. The statement of claim must indicate the name of the court to which the claim is being filed. The plaintiff may, at his discretion, choose the court at the location:
- residence or stay;
- location of a tour operator or a branch of this tour operator, representative office;
- conclusion or execution of a contract.
Even if the contract for the sale of a tourism product specifies the court that resolves the dispute under this contract, the consumer can still choose the court at his own discretion. The statement of claim must state the essence of the violation, then indicate the fact that the defendant did not satisfy the claim voluntarily. State the requirements - Please note that the requirements in the statement of claim can be changed from the complaint. Also in the claim, demand payment of a fine from the defendant in the amount of 50% of the amount of the claim for failure to satisfy the consumer’s requirements voluntarily
Travel agency bankruptcy
Bankruptcy is the inability to fulfill the obligations of one of the parties. A list of typical cases when a client contacts the insured in the event of bankruptcy of a travel agency:
- errors in documentation;
- incorrect information about the services provided.
Action plan in case of suspected bankruptcy before travel
- draw up an application for the head of the agency, indicating the details of the contract;
- refusal to respond is interpreted as failure to fulfill obligations. After the deadline for responding has expired, you should contact the insurance company.
- after the insurance company refuses, go to court.
Procedure if a travel agent’s client travels to a holiday destination
The nature of all actions in this case should be aimed at collecting and preserving documents for payment for services, accommodation, food, etc. Only after returning home can the tourist begin to return the money spent.
Requirements for supporting documents
All the same documents must be attached to the claim as to the claim.
In addition, you must attach a copy of the claim to the defendant, as well as documents confirming the fact that the claim was sent to the defendant. When sent by mail, this is a list of the attachment and a copy of the notification. If the postal item was returned to you because the defendant did not receive it, this fact does not in any way affect the filing of a claim - the responsibility for timely receipt of correspondence lies with the defendant. Since in most cases claims are made for trips abroad, the documents are usually drawn up in the language of the host country. But documents drawn up in a foreign language must be submitted to the courts in the Russian Federation with a duly certified translation into Russian.
The notary certifies the accuracy of the translation from one language to another, if the notary speaks the relevant languages. If the notary does not speak the relevant languages, the translation can be made by a translator, whose authenticity of signature is certified by the notary.
Therefore, all documents in a foreign language must be translated and certified by a notary. You'll have to fork out more for this too. However, according to the court decision, the losing party reimburses the winning party for all legal expenses incurred in the case. Legal costs include the following:
- for travel and accommodation of the parties and third parties incurred by them in connection with their appearance in court;
- to pay for the services of representatives;
- postal expenses incurred by the parties related to the consideration of the case;
- other expenses recognized by the court as necessary.
The state duty in cases of consumer rights protection is not paid if the cost of the claim is no more than 1 million rubles.
If this amount is exceeded, the state duty is paid from the amount of the claim to the extent that it exceeds 1 million rubles. If the court took your side, then after the court ruling comes into force, you can independently obtain a writ of execution from the court and send it to the bailiff service along with an application to initiate enforcement proceedings. The writ of execution can also be sent to the tour operator’s bank.
But you can make it easier for yourself to collect the amounts awarded by the court from the tour operator. To do this, you need to write a petition to the court to send a writ of execution for execution. The application must indicate the account details for transferring money.
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.
Preparing a pre-trial claim to the tour operator for a refund
A pre-trial claim to the contractor who provides the services is a mandatory step before going to court. The tourist has the right to write a complaint about poor quality services within 20 days after discovering this fact.
Contents of the claim
A claim to the tour operator for a refund must be made in writing.
It contains the following information:
- name of the tour operator;
- information about the applicant;
- details of the contract for the provision of tourist services;
- Payment Information;
- essence of the claim;
- applicant's requirements;
- list of applications;
- date and personal signature.
In the claim you need to write the details of the bank account where the travel agency will have to transfer the funds.
The following reasons may serve as grounds for filing a complaint:
- incomplete information about the service provided;
- failure to fulfill certain clauses of the contract;
- failure by the tour operator to comply with the terms of service provision;
- physical or moral harm caused to the consumer;
- low quality of service provided.
The claim is submitted in person, by registered mail or through a representative. The tour operator is obliged to give a written response to it within 30 days.
Sample claim
The claim form is not approved by law. It can be written in free form, but in compliance with the requirements for business correspondence.
Download a sample claim to a tour operator for a refund
Documents for the claim
Copies of the following documents must be attached to the application:
- receipts for payment of transportation costs, if their cost is higher than originally indicated;
- notification from the tour operator about rescheduling the trip;
- certificate of incapacity for work;
- death certificate of a relative;
- travel certificate;
- photo or video confirming poor living conditions in comparison with what is stated in the agreement.
The claim is accompanied by a document from the Federal Agency for Tourism in the event that the country’s borders are closed to tourists, and travel to it is not carried out in the event of emergency situations or the introduction of a special situation.
What should I do if my return is refused?
If the operator refuses to return money for canceling the tour, then the client has the right to go to court.
The statement of claim is not subject to state duty when it concerns the protection of consumer rights. In a claim, a tourist has the right to present the following demands (Law No. 2300-1):
- refund of the entire amount;
- reducing the cost of the trip in accordance with the actual conditions of the holiday;
- compensation for losses;
- compensation for moral damage.
In accordance with Law No. 2300-1, the applicant has the right to independently choose the branch of the court where to file a claim. This may be a government agency at the location of the plaintiff or registration of a legal entity that acts as a defendant.
The application is written taking into account the norms of Art. 131 Code of Civil Procedure of the Russian Federation. It contains not only the details of the plaintiff and defendant, but also the cost of the claim, as well as the requirements of the tour operator’s client. If the amount required from the company is less than 100,000 rubles, then the case is considered by a magistrate. If the value of the claim is higher, it should be filed in the district court.
The application must be accompanied by a copy of the agreement, paid receipts and checks. Compensation for moral damage must be prescribed separately. It is not included in the amount of the claim.
