Disputes with a tour operator and protection of consumer rights in the provision of tourism services with our lawyer will be carried out professionally. Travelers use the services of tour operators and travel agencies offering excursion programs and package tours. Quite often it happens that a voyage leaves a tourist with negative memories, and this is due to poor organization of the holiday.
In such cases, competent consumer protection is important, which we are ready to offer you from the first minute of your request.
Receive up to €600 compensation from the airline if:
- Flight delays
- Flight cancellations
- Denied boarding
- Missed transfer
Compensation can be received for flights within the last 6 years
Check flight in 2 minutes
Reasons for delays
During the holiday season, tens of thousands of people use charter flights. Such transportation is attractive because of its accessibility, but it also has many disadvantages:
- Flights are often delayed and rescheduled.
- Food standards for passengers on the plane are strictly limited.
- The quality of service is low.
- Low level of comfort, since ships with an increased number of seats are rented for flights.
- Airplanes are often economy class.
The main reasons for inconsistencies in the schedule are the priorities of air traffic controllers - the first thing they always try to do is adjust the schedule of regular flights.
Also, the departure time is postponed due to technical malfunctions of the aircraft. In such cases, passengers on regular routes are necessarily provided with another plane, and those who have purchased charter tickets have to wait for their ship to be repaired.
Important! Flight times may be moved to earlier hours. Tour operators are required to notify their clients about this 24 hours in advance, but even with these conditions, not everyone can get to the airport on time if they are traveling from afar.
Cancellation of a tour due to the fault of the tour operator
By its nature, a contract for the provision of tourist services refers to a contract for the provision of services for a fee. The legislator stipulates that in case of refusal to fulfill its obligations, the tour operator is obliged to compensate the tourist for losses incurred.
If a tour is canceled due to the fault of the tour operator, you have the right to demand:
- refund of the money spent on the purchase of the tour in full;
- compensation for losses. If you purchase the same tour from another tour operator at a higher price, you must be reimbursed for the difference between the cost of the new and old tour;
- penalty of 3% for each day of delay, starting from the moment of cancellation of the tour until the day of payment;
- payment of interest for the use of other people's money.
First steps when your flight is delayed
A claim for flight delay to the tour operator is made only after returning home and calculating all losses. When receiving information about a change in the schedule, you must ask a company representative about the reason for the delay and clarify the departure time. Next, be sure to put the appropriate mark on your boarding pass. This is done at the information desk at the airport.
If representatives of the flight organizer during a flight delay do not provide passengers with the required drinks, communications or hot meals on their own, you need to demand them or collect receipts for everything on which additional funds were spent in order to further receive compensation.
Important! If the flight is delayed, the passenger has the right to cancel the trip and get all the money back. To do this, you must notify the airline of your desire to terminate the agreement. When providing another aircraft, there should be no additional payments; all costs fall on the shoulders of the guilty party.
How to write a complaint to a tour operator?
132-FZ provides that if the tour operator provides poor-quality services, the tourist sends him a letter of claim within twenty days after the end of the contract.
The document is drawn up in writing in any form. It should indicate:
- date and number of the contract;
- the circumstances of the incident, and what losses and inconveniences were incurred as a result;
- evidence of harm caused. Checks, contracts, receipts, written explanations from hotel employees, photos and videos are suitable.
- claim for compensation and moral damages;
- Bank account details for transferring money.
IMPORTANT : attach documents supporting your arguments to your application.
The letter of claim is sent to the legal address of the operator. It can be viewed in the extract from the Unified State Register of Legal Entities. Free access is available on the website nalog.ru. It must be sent by mail with acknowledgment of delivery and a description of the contents. This way you will have evidence of compliance with pre-trial procedure. If you hand it over personally, there must be two copies, one of which will be marked as receipt.
The operator is obliged to consider the claim within ten days from the date of its receipt.
USEFUL : watch more tips on filing a claim in our video
Amount of compensation for charter flight delay
According to Russian legislation, only the travel agency always pays penalties for delays in charter flights. Passengers are protected by Article No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation” and the “Law on the Protection of Consumer Rights”.
For rescheduling a flight and delaying departure, a travel agency is obliged to pay all passengers 25% of the minimum wage established in the region for each hour of delay. Taking this into account, the total amount should not exceed half of the cost of the entire flight.
In Europe, airlines provide other financial compensation. If the flight is delayed by more than 3 hours, passengers receive 290-590 euros.
Important! No compensation for charter flight delay will be paid unless the cause is unforeseen circumstances. For example, natural disasters, the threat of a terrorist attack, ship breakdown and other threats to the lives of passengers.
What can you get additional compensation for?
You can collect payment from a travel agency for more than just air tickets. If the transfer of the flight led to a reduction in rest days, then all lost services must be compensated. For a missed night at a paid hotel, meals and planned entertainment, you can receive a refund or an offer to replace services. Agencies often offer clients additional excursions, entertainment events, three meals a day instead of breakfast, and more as bonuses.
Regardless of the fines already imposed, the tour operator may also be required to pay moral damages to clients. You can determine its size yourself, but only the court will determine the final amount. To receive compensation, you need to correctly fill out the documents to file a claim and enlist the support of an experienced lawyer.
Compensation in Russia
If a flight is delayed, domestic companies currently compensate 3% of the ticket price for each overdue hour and 25% of the minimum wage. But the amount should not exceed half the cost of the ticket. If a flight delay is known in advance, when there is still time before departure, the culprit of the incident may send passengers on an alternative flight of another carrier to their intended destination. There is no additional charge to passengers. If the passenger does not want to fly on another flight, he is required to reimburse the full cost of the air ticket.
Please note that when purchasing one ticket with a transfer, the passenger can receive compensation for the cost of the entire flight. And if two tickets were purchased, then compensation will be calculated differently. For example, the first flight in the direction Moscow - Los Angeles and Los Angeles - Paris did not take place. In this case, money will be paid only for the first direction. The cost of the second flight is calculated according to different rules. And if the passenger did not fly in the Los Angeles-Paris direction, he will be refunded the cost of the second flight and paid for the return to Moscow.
Passenger rights in case of flight delay
Everything that passengers must receive from representatives of the tour organizing company or carrier is specified in the aviation regulations of the Russian Federation. When changing the flight schedule, passengers are required to provide free of charge:
- Mother and child room if adults are flying with a child under 7 years old. A separate room is provided if the flight is delayed for any time, even just 15 minutes.
- The flight has been postponed for 2 hours - we must provide cold or warm drinks and communications. Each passenger is entitled to 2 free phone calls or the opportunity to send 2 emails.
- If necessary, ensure the safety of luggage.
- Hot meals are provided if the flight is delayed by 4 hours. In the future, the responsible party must provide meals to passengers every 6 hours during the day and every 8 hours at night.
- If the flight is delayed for 6 or more hours at night, everyone is entitled to an overnight stay. Hotel accommodation and transfer are paid by the guilty party. During the day, a flight delay of 8 hours is required to provide a hotel room.
Cases where employees refuse to perform their duties occur frequently. In such situations, it becomes necessary to file claims with the carrier.
Rights and obligations
Let's start with the fact that both the time and the reason for the flight delay affect the range of free services and compensation that the injured passenger can receive. People who often use air carrier services often hear the phrase “The flight is delayed.” This situation occurs quite often, especially during the holidays, when all flights are fully loaded. And the injured passengers simply must know that they are due compensation for the delay of the plane's flight; the new law allows them to restore their rights.
Of course, no one will change the departure time just like that. And if this happened, then there are reasons for this. There are many of them, and each must be considered separately. For example, there are cases in which the air carrier is not to blame when the situation gets out of control, or in cases of force majeure. And, in this case, demanding compensation is pointless. Cash compensation is only due if the fault for the flight delay lies entirely with the airline. Which cases include:
1. Unadjusted flight schedule; 2. Unpreparedness of the crew for the flight; 3. Technical reasons; 4. Flight delay due to its unprofitability.
Sometimes, airlines deliberately sell more tickets due to the fact that many customers return their tickets at the last minute before departure. And in order not to incur losses, companies are forced to go to such lengths to insure the flight. On the one hand, the company is good, but on the other, sometimes so-called overbooking occurs, when all passengers have checked in for the flight, but there are not enough seats on the plane. And then, some passengers are denied boarding. Undoubtedly, the company is obliged to return the passenger’s money for the ticket.
The company is not responsible for flight delays if the situation arises due to employee strikes or for reasons that pose a danger to the lives of passengers. Weather conditions and natural disasters can also cause a flight delay, and in this case the air carrier has the right not to compensate for the delay in departure.
All citizens using the services of domestic airlines should be aware that their rights are protected by such documents as the Civil Code, the Air Code, the law protecting the rights of consumers and the Federal Aviation Regulations. Based on these documents, passengers must apply for compensation to the airline or to the court.
According to the rules, it doesn’t matter what kind of flight passengers take: charter or regular. It is important that if, for example, a charter flight is delayed for more than 12 hours, compensation is provided both in money and in the form of various free services.
But it is not only such long delays that must be compensated. If the flight is delayed by two hours, passengers have the right to use the telephone and the Internet. And for passengers with small children, all necessary conditions must be created. Also, people should be offered refreshments.
If a flight is delayed for four to eight hours, everyone will receive a hot meal.
Moreover, it should be issued once every 6 hours if the delay occurred during the day, and once every eight hours if at night.
Also, if the schedule is changed by more than 6 hours at night and more than 8 hours during the day, people must be provided with a place in a hotel with transportation there and back by special transport. At the same time, there is a rule not to share passengers with other people.
If the charter flight is delayed for more than 12 hours, compensation will be paid by the tour operator where the passengers purchased the tickets. But this does not mean that during a flight delay, they will be denied all free services. Passengers on all flights are entitled to them.
Sometimes passengers are not satisfied with the services provided by the air carrier. People can ensure a comfortable stay at the airport at their own expense. The main thing is to collect all receipts and checks confirming additional costs. These documents will be useful in the future when filing a claim for compensation.
In European countries, compensation is comparatively higher than in Russia. And also, free services are provided for any inconvenience caused. But, in addition to this, if the charter flight is delayed for more than 12 hours, compensation will consist of a refund of the air ticket and a free flight to the original point of departure.
How to file a claim against a tour operator
It is the travel agency that is responsible for delays in charter flight departures, since the flight is included in the tourism product they provide. The claim must be made according to clear rules.
To apply, the tour operator must collect all copies of available documents:
- passenger identification documents;
- checks for payment of allotted food, drinks, overnight accommodation, etc.;
- boarding pass with a delay mark.
In the text of the application, you must describe in detail the current situation and your demands - reimbursement of expenses and moral damages. If the passenger purchased only a ticket, and not the entire travel package, then the claim is filed against the airline.
Sample claim
A sample claim to a tour operator for a flight delay can be viewed here.
Deadline for filing and consideration of a complaint
When filing a complaint directly with the tour operator, the claim must be considered within 20 days from the end of the tour. After receiving the application, the company is obliged to respond within 10 working days. If the complaint is ignored, the passenger has the right to go to court.
If the claim is addressed to the airline, then it can be filed within six months from the date on the ticket. The airline must respond within a month.
To guarantee a response, it is recommended to send the application by registered mail or hand it over to representatives of the guilty party during a personal visit. In the latter case, it is better to have 2 copies of the application. Leave one with the company, and keep the other with the signature and data of the person who accepted it.
Procedure for resolving a dispute with a tour operator
What should a tourist do if his long-awaited vacation is ruined solely by a travel company? You should know that both tour operators and intermediaries - agencies, carry out their activities on the basis of existing legislation. It contains clauses according to which you can not only return the money spent on a tourist trip, but also receive substantial compensation from the travel agency.
How does consumer protection work when providing tourism services?
If a similar situation happened to you, then the first thing you need to do is contact our lawyers, who will advise and file a claim under the consumer protection law. When might it be necessary to open a dispute with a tour operator? Both before the voyage and after its end. It all depends on what kind of violations of consumer (tourist) rights were committed.
It is recommended to immediately draw up a statement, which should list the reasons why you want to terminate the contract for the purchase of a tour package or consider a proportionate reduction in the purchase price of the travel product.
The most common reasons why clients make claims against tour operators and require protection of the rights of consumers of tourism services are:
- change (for the worse) in travel conditions not specified in the contract;
- shift in travel dates due to the fault of a tour operator or travel agency;
- unforeseen expenses (transport, accommodation, etc.) not agreed upon by the tour operator;
- force majeure, due to which the tourist cannot travel (illness, refusal of a visa, etc.);
- other cases requiring protection of the rights of consumers of tourism services.
Having gone through a pre-trial settlement of a dispute with a travel agency, but not getting the desired result, you need to file a claim. The process is not complicated, but requires knowledge of the law. By the way, a pleasant bonus as a result of a won litigation will be a fine awarded to you in favor of the injured consumer, which cannot but rejoice and is an independent argument for starting to act.
Going to court
If the company ignores its duties or refuses to fulfill them, the passenger with the collected package of documents must go to court. The statement of claim is accompanied by the same checks, receipts for expenses, a copy of correspondence with the tour operator and all papers confirming the position of the plaintiff. The Civil Code of the Russian Federation should be followed when drawing up, but there are no strict rules. The main thing is to comprehensively outline the entire situation, your requirements and accurately indicate the amount of compensation payment.
If you wish, you can first file a complaint with Rospotrebnadzor. This will strengthen the plaintiff's position and fine the culprit.
Travel companies often charter aircraft from airlines to transport their clients to their holiday destinations, but rarely admit responsibility for delays. Every passenger has the right by law to receive compensation for a ruined vacation. To do this, you just need to be responsible about collecting receipts for your expenses and correctly draw up a claim to the guilty party, and, if necessary, go to court.
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How to submit a document to a travel agency
The current legislation of the Russian Federation provides for several ways to submit a claim.
Important! Let's look at the methods in more detail:
- personally come to the tour operator and present the claim to the representatives. Although this option may incur travel costs, it is the most practical. Firstly, you personally make sure that the claim has reached the addressee. Secondly, before the claim is served, there is a chance to conduct negotiations, as a result of which the presented demands will be satisfied. This will eliminate unnecessary paperwork. When presenting the claim, ask the representative of the tour operator accepting it to sign the remaining copy, decipher the signature and indicate the date of receipt of the claim,
- send a claim to the tour operator by mail. This should be done by registered mail with a list of attachments and acknowledgment of delivery. The date that appears on the notice will be considered the date when the tour operator received the claim. It is from this date that the deadlines will be calculated. This method is very convenient and does not entail any significant costs,
- lovers of modern technology can submit a claim via email. The claim should be sent to the official email address of the tour operator. Although the method is the most efficient and inexpensive, it has the least reliability. The use of email cannot guarantee delivery of the claim to the addressee. The likelihood that the operator will state that he simply did not receive the claim is very high.
Note! Each person can choose any of these methods. Each of them is equally legitimate.
