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.
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves
- an experienced lawyer will solve all your problems!
Legislation
The return of vouchers is regulated by Law No. 2300-1 of 02/07/1992 “On the Protection of Consumer Rights” (hereinafter referred to as the law or the Law).
In addition to the general provisions on quality and sanctions, the PZPP has Chapter 3, which contains articles on the timing of the provision of services, the rights of the customer when deficiencies are discovered, the obligations of the contractor, and the procedure for payment for services. The law largely duplicates and specifies the norms of the Civil Code of the Russian Federation.
A special regulatory act is Federal Law No. 132-FZ of November 24, 1996 “On the fundamentals of tourism activities in the Russian Federation” (hereinafter referred to as the Federal Law on Tourism). It takes into account the specifics of providing this type of service, the rights and obligations of tourists, options for selling vouchers, and the procedure for ensuring the safety of buyers.
Legal reasons for canceling a trip
Article 10 of the Federal Law on Tourism provides several reasons for canceling a trip:
- Travel conditions worsened. For example, in the country chosen for vacation, military operations began.
- Change in travel dates; due to production needs, the tourist's vacation was postponed.
- Unforeseen increase in transport tariffs.
- Inability to travel due to reasons beyond the tourist’s control, such as illness or failure to issue a visa.
These reasons involve a significant change in circumstances.
In accordance with the PPA, a tourist can refuse a trip if he simply changes his mind about going. But you cannot be late for your flight; violation of the terms of the contract is not grounds for a refund.
How to get a refund for a trip if you decide to cancel the trip before the start of the tour
According to the above laws, a tourist who has purchased a ticket can - at any time - cancel the trip and return the money. In our case, the reason for this is the deterioration of conditions at the place of stay. As you understand, the spread of the coronavirus is a pretty good reason. In addition, such grounds include war, natural disasters, civil unrest, etc.
But here you need to pay attention to one more point.
If the situation in the country where you wanted to go was officially recognized as dangerous to human life and health, you have the right to a 100% refund for the trip. A message about the presence of such a threat should be posted in the media, on the website of Rospotrebnadzor, the Ministry of Foreign Affairs of the Russian Federation, and Rostourism.
If the situation in the country where you wanted to go was not officially recognized as dangerous, but you decided not to risk it, the travel agency is obliged to refund you the cost of the trip, excluding the costs actually incurred by the travel agency. And here you need to be very careful. Quite often, a travel company tries to slightly exaggerate its costs, so check all the information yourself. For example, a travel agency does not want to refund money for a hotel reservation, citing the policy of the hotel itself. No one is stopping you from contacting the hotel and clarifying whether this is true or not. Of course, all this must be done in writing, for example, via e-mail. Be sure to check all receipts, notices and checks - the travel agency must provide you with documents for each item.
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.
Legal settlement of the issue
Unilateral termination of a contract by a client of a travel agency is regulated by civil law (Article 782). But it also contains an amendment to reimburse the tour operator for actual costs incurred.
The presence in the contract for the provision of tourist services of clauses on fines and penalties may violate the rights of the consumer, which entails administrative penalties. The right to withdraw funds spent on fulfilling the terms of the contract remains only with the tour operator, but not with the travel agency, since it acts as an intermediary.
ATTENTION! The agreement drawn up between the travel agency and the tour operator to some extent distributes the responsibilities of the parties in relation to clients, but does not affect the reimbursement of money paid to tourists
Thus, all issues regarding refunds must be resolved with the tour operator. If he refuses to partially or fully return the funds, the issue is resolved through the court. It is advisable to cancel the tour before the start of the tour. In this case, there is a chance to get a full refund. The closer the cancellation is to the departure date, the lower the refund amount will be.
How to properly process a return?
After deciding to cancel the tour, you need to go to the company with which the contract was concluded. Contacting a tour operator if the document was drawn up with an intermediary company is useless.
An application for cancellation of a trip and refund of money must be filled out at the company’s office. When the reason for refusal is valid, it must be indicated and a copy of the supporting document must be attached. It's better to keep the original with you. It will be needed if the case goes to trial. It is also recommended to indicate in the text of the application the method of transferring money, for example, bank account details.
The application must be completed in two copies. One is handed over to the official, the second with a mark of acceptance remains with the tourist. It must indicate the date of acceptance of the application, from which the time for the response and return of money will be counted.
The date can play an important role when it comes to airfare refunds.
For example, the application was written 2 weeks before departure, but the response from the travel agency was delayed, and the refund was made after the first day of vacation. According to Art. 108 of the Air Code of the Russian Federation, cancellation of a plane ticket more than 24 hours before departure obliges the air carrier to return the entire cost of the flight. Since the application was submitted in advance, the withholding of funds will be unlawful.
It is possible that an agency representative refuses to put any marks on the application. Then it must be sent by registered mail with notification, having previously made an inventory of the attachment.
If there is no response to the application or the travel agency’s decision is not satisfactory, you need to file a complaint. The text must indicate:
- company and tourist data;
- reason for not traveling;
- demand for the return of the amount paid, compensation for moral damage and payment of a penalty.
The claim is drawn up in 2 copies and submitted to the travel agency in the same way as an application.
Instructions for tourists on how to get a refund for a trip due to coronavirus
1. Statement
The first thing you need to do is write a statement to terminate the contract and return the money.
The application is written in free form addressed to the head of the travel agency. Example: “I ask you to return to me the funds paid by me under payment document No. ____ dated ____ (Agreement number and date of preparation) in the amount of ____ due to ____ (describe the reason, for example, “closure of borders” or “unfavorable situation associated with the spread of infection corona virus"). Next, do not forget to list your bank details.
The purpose of the statement is to notify the travel agency that you want your money back. And yes, a verbal request, as a rule, does not work. Such statements are most often written at the travel agency office, but due to the declared self-isolation, and in some areas quarantine, this is not possible now. Therefore, you can send your application by mail - a valuable letter with a list of attachments; the status of delivery can be tracked on the official website of the Federal Postal Service).
You can also send your application electronically, but in this case it is difficult to track receipt of the letter.
If you do write an application at the travel agency office, then do not forget to make two copies: on one, which remains with you, the travel agency employee must put a stamp indicating receipt of the application - with a date. According to the Law “On the Protection of Consumer Rights”, consideration of the application must occur within 10 days from the date of its preparation.
2. Claim
If the travel agency ignored your application or returned only part of the amount (and you accordingly do not agree with this), then you need to file a claim. A claim is essentially a future claim, so there are more requirements for its preparation than a simple statement. The claim must indicate detailed circumstances of the case: when the contract was concluded, for which tour, how much money was paid, how much was returned, etc.
In addition, you need to indicate the regulations that you refer to in your requirements for the travel agency, and, in fact, these requirements, for example, your own calculation of payments for an unused tour and the period within which you want to receive a refund.
It is also necessary to indicate that, if the requirements are ignored, a package of documents will be generated for going to court. By the way, the amount that the travel agency will have to pay in case of loss will be increased due to legal costs and a fine for failure to comply with the consumer’s request voluntarily. It is best to contact a competent lawyer to file a claim.
A claim, just like an application, can be sent in three ways:
- in person at the office;
- by Russian Post - a valuable letter with an inventory of the contents;
- electronically – not recommended.
10 days are also given for consideration of the claim.
3. Statement of claim to court
If the claim does not work, then all that remains is to go to court. A statement of claim must be filed with the court. As we have already said, a claim is made on the basis of a claim.
A claim may be filed in court:
- at the location of the defendant.
- at the location of the plaintiff.
- at the place where the contract was concluded.
Copies of the contract, claims, and account statements must be attached to the claim. The number of packages of documents must be equal to the number of participants plus one package for the court.
Again, if you are not confident in your abilities, then it is best to seek legal help, because if the claim is drawn up incorrectly, the court may return the claim or leave the case without progress.
You can file a claim:
- in person through the court reception or the station office;
- By Russian Post in a valuable letter with a description of the contents.
If your claim is satisfied, then within 30 days the travel agency will be obliged to return your money for the trip. If this does not happen, then the bailiffs will deal with this issue.
Theoretically, in addition to going to court, you can also write applications to Rosturizm, Rospotrebnadzor and the Prosecutor's Office - but, as practice shows, it is not worth spending time on this.
And now to the nuances.
How much will they return, what amount can you expect?
If the reason for refusing a trip is valid, according to Art.
10 of the Federal Law on tourism, you can demand a refund of the amount paid. But the tour operator has the right to reimbursement of expenses incurred in accordance with Art. 32 ZPPP. For example, hotel rooms have been paid for, but the owner refused to reimburse expenses, then the operator will deduct the amount paid from the entire cost of the tour package.
You can get all the money back if the company is unable to provide travel. For example, a selected resort town has closed due to a natural disaster. It must be official. In situations where there is a threat to an already ongoing vacation, you can return the money in proportion to the remaining time.
A situation is possible when a tourist simply changes his mind about going. Before contacting the agency, you need to study the contract; it usually contains the conditions for canceling the trip, penalties and the amount of refunded amounts. The closer the departure date, the lower the refund.
It is better to return an unused voucher more than a month in advance. Then you can count on reimbursement of the entire amount, within 30-15 days - no more than 75% of the price paid , and if you refuse a week before departure, you need to prepare that the money will not be returned at all.
The laws do not regulate how much a tour operator must return if a tourist voluntarily refuses to travel, so it is necessary to carefully study the conditions when concluding the contract.
When selling hot vouchers, contracts usually indicate that funds are not refundable.
Return deadlines
The legislation of the Russian Federation does not establish a specific deadline for the payment of funds if there were no violations on the part of the travel agency.
Article 32 of the PZPP provides for the consumer’s right to withdraw from the contract with reimbursement to the agency of expenses incurred, but does not establish in what period of time the company must return the balance.
Court practice varies. Some judges apply the rule of Art. 31 about a ten-day period, others believe that the period is not established by law.
If the document does not provide for a specific time period and there are no violations on the part of the company, it is better to indicate the period for returning the money in the text of the application for termination of the contract.
In court, if it is established that there has been a delay in the payment of money, the travel agency will be obligated to pay a penalty for each day of delay.
The company with which the contract for the travel service was concluded usually pays the money in the same way as the payment was made. You can specify the option of transferring money in the text of the application, that is, in cash or non-cash, indicating the details of a bank account or card.
Deterioration of the situation in the host country
The basis for refusing to travel abroad due to complications of the situation is an official statement from a representative of the Ministry of Foreign Affairs (MFA), the Ministry of Emergency Situations, the Ministry of Health or the Federal Agency for Tourism (Article 451 of the Civil Code of the Russian Federation, Article 10 N 132-FZ). As circumstances change, the federal authorities publish amendments to existing laws (or new acts).
The form of notification is publication in central newspapers and magazines. Alternatively, go to the official websites. Information about changes in the situation is broadcast on radio and television. The purpose of the message to people traveling abroad is to warn about a serious threat. For people in a foreign country - an invitation to return to their homeland.
If a threat to health and life arose before purchasing the tour, it is the operator’s responsibility to warn the client. Failure to comply with the requirement is a reason to demand not only an advance, but also an additional amount (compensation). A tourist who has heard rumors about danger on the eve of departure must indicate the source of his knowledge in a statement addressed to the tour operator.
The standards specify the condition when a danger arose during a person’s stay in a foreign country. Upon arrival home, the tourist has the right to express dissatisfaction with the quality of the services provided and demand a refund. Alternatively, return home early without using the services in full. The circumstances are specified in Article 14. No. 132-FZ. In this case, the tourist is refunded the difference between the actual costs and the amount paid.
A special feature of the application of the law is the availability of publications from official bodies. Refusal to travel on a voucher is not considered objective if the information is obtained from dubious sources of information:
- from relatives, acquaintances, colleagues;
- read in newspapers or heard from announcers of private television and radio broadcasting channels.
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.
Extraordinary circumstances for canceling a trip
If unforeseen circumstances occur, the client goes to the travel organization to return the funds spent on the purchased trip. He draws up an application and attaches to it copies of documents that confirm the occurrence of unforeseen circumstances. The agency may offer him to postpone the trip or reduce the number of vacationers. Some people will be happy with this option, but others will want their money back.
List of documents that must be attached to the application (copies): If a person is sick, then this is a certificate from a doctor or an epicrisis from a hospital with a stamp; When summoned to court, the basis is a summons certified by the court office;
In case of non-issuance of a visa, a certified copy of the written response from the embassy and the foreign passport is attached.
What to do if a travel agency goes bankrupt?
In the event of bankruptcy of a travel agency that acted as an intermediary between the buyer and the operator, it is necessary to contact the tour operator specified in the contract to clarify whether everything is in order with the planned trip.
The bankruptcy of the intermediary does not affect future vacations in any way. If a tour operator goes bankrupt, you should contact its insurer. The Federal Law on Tourism obliges operators to insure their liability. It may happen that there are too many people applying for reimbursement of expenses, and it will not be possible to receive all the money spent.
After collecting applications, the insurance company will distribute the entire amount in proportion to the cost of the tours. There are no preferential categories when distributing money; neither pensioners nor the poor will have an advantage.
Along with the application for refund, the insurer must provide:
- Tourist identification document.
- Travel contract.
- Documents confirming payments made (checks, receipts, personally purchased tickets).
Requesting other documents is illegal. The tourist's request must be satisfied within 30 days from the date of submission of the application.
The tourist does not have to pay an agency fee to the company from insurance payments.
If the traveler was on vacation at the time the tour operator closed, he can pay for the return trip himself. Then the insurance company will have to reimburse the costs of the flight.
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.
Additional ways to return advance funds
It is best to contact a practicing lawyer, as she knows how to file a claim against a travel agency. But you can try to write an application yourself by downloading a sample on the Internet. It must contain certain information:
- full names of the parties;
- information about the tour (cost, date, flight, hotel reservation, etc.);
- rejection reason;
- link to existing regulations or information on the websites of Rostourism or the Ministry of Foreign Affairs of the Russian Federation;
- essence of the claim;
- reference to the possibility of taking the case to court if there is no response.
Travel companies try not to bring the matter to court. According to Article 6 of Federal Law No. 133, the losing party pays legal costs. It also talks about the possibility of recovering moral damages. The response must arrive within 20 calendar days after confirmation of receipt of the letter. If there is no reaction, then you can go to court.
In a situation where a tourist wants to cancel a trip for personal reasons, but cannot come to an agreement with the tour operator, there is a workaround. For example, an independent search for people willing to buy a last-minute tour. Practice shows that there is a higher chance of selling a tour to friends, colleagues, neighbors, and acquaintances.
The tourist must post the offer on bulletin boards on the Internet and in local news publications. It is unlikely that you will be able to sell a trip for the full price (paid by the client). Most likely, the buyer of the tour will have to make a discount. If a person willing to go on a tour is found, you must quickly notify the travel agency.
The tour operator returns part of the amount or refuses completely
A situation often occurs when a travel agency returns a minimum percentage of the cost of a tour package or does not give the money at all, citing expenses incurred. In this case, the company representative does not present any documentary evidence.
Also, the travel agency may refuse payment if the tourist has valid circumstances for returning the voucher. For example, if a traveler was hospitalized a few days before departure. The operator’s reference to the contract provision providing for a 100% fine for canceling a tour less than a week in advance is illegal.
In all of these cases, it is necessary to file a claim in court.
Before filing a claim, you can contact a lawyer for a free consultation. He will tell you what payments you can expect and help you understand the law. If there is absolute confidence that the case will be won, it is possible to order the preparation of a statement of claim from a specialist. Reimbursement of legal fees, as determined by the court, will be borne by the at-fault party.
The claim may require payment of compensation for moral damages. It is provided for in Art. 6 Federal Law on tourism. There is no mandatory amount; in each individual case it is determined individually. But if the reason for canceling the trip was valid, and the travel agency did not return the funds and delayed responding, the likelihood of receiving compensation is high.
The claim must indicate:
- Tourist and travel agency data.
- Contract details.
- Reason for canceling the trip.
- Information about contacting a travel agency with an application and a claim, their brief content.
- The timing of the company's response and its content.
The following are attached to the statement of claim:
- an application for a refund for a tourist trip, and if it was sent by mail, then a notification of delivery of the letter and a list of the attachment;
- claim;
- travel agency responses to all requests;
- document confirming a valid reason;
- agreement with a travel agency or tour operator.
In a situation where the service was provided of inadequate quality, the court often takes the side of the tourist. It is not difficult to prove poor service provision, so it is easier for a travel agency to file a settlement and pay the due amounts.
In other cases, the judge's decision depends on the circumstances of the case. Expenses that the operator can prove are not refundable to the buyer.
Please note: some documented payments can be refuted. For example, go to the hotel website to see if it is possible to return a reservation for a room.
Preparing for the tour
All tour operators must be registered in the Unified Register (Article 4.2 No. 132-FZ). It is risky to sign an agreement without reviewing it. Close attention should be paid to the section “Responsibilities of the Parties”. The main thing is the paragraph that describes cases of return of the voucher and determines financial losses. The best option is to ask for a sample contract and show the form to a lawyer you know.
Be sure to carefully store all documents related to your trip abroad until your return. The caution applies to cash receipts, advance payment receipts, contracts and appendices thereto. A set of business papers is an essential argument when making claims against a travel agent for a voluntary refund.
In case of refusal, the package of documents will help when considering the case in court. If the amount of the claim exceeds 50,000 rubles, the offended client must file an application with the district court at the place of residence or location of the travel agent. If the amount of financial requirements is below 50,000 rubles. — consideration of the claim is under the jurisdiction of the magistrate.
Useful video
The lawyer explains in detail what to do:
Dear readers! To solve your problem right now, get a free consultation
— contact the lawyer on duty in the online chat on the right or call: +7 (499) 938 6124 — Moscow and region.
+7 (812) 425 6761 — St. Petersburg and region. 8 (800) 350 8362 - Other regions of the Russian Federation You will not need to waste your time and nerves - an experienced lawyer will solve all your problems! Or describe the situation in the form below:
