How to get money back for services not provided

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Each person is essentially a consumer, since he uses different types of services (medical, legal, banking and others) constantly. When, after concluding an agreement and payment, the need for the ordered service disappears, the question arises of returning the deposited funds for something that was not actually received. How to return money for a service not provided in accordance with the law will be discussed later in this article.

Is it possible to get a refund for a service not provided?

If the consumer has made an advance payment for a certain service, but due to some circumstances is forced to withdraw from the agreement, he has the right to terminate the agreement with the contractor and demand a refund.
Such actions do not contradict the law. But this is in theory - in practice there are many nuances. Therefore, it is worth explaining in more detail how to return money for a service not provided. Attention! If you have any questions, you can chat for free with a lawyer at the bottom of the screen or call Moscow; Saint Petersburg; Free call for all of Russia.

The contractor provided you with a partial service

When the contractor has already begun to provide services at the time of your cancellation of the contract, then in this case you have the obligation to compensate the contractor for the expenses actually incurred by him related to the performance under your contract.

In the event of a legal dispute, the defendant will not have to invent anything, unlike the previous situation, since it will not be difficult to prove the fact that the service was provided to you and the corresponding expenses. Therefore, in such a situation, before refusing the contract for the provision of services and demanding that the contractor return the money to you, follows:

• soberly assess the consequences of such a refusal: the volume of services provided at the time of your refusal, as well as the likely costs of the contractor to provide you with services, which he incurred and can document
• understand whether there are other legal grounds for a refund for services that do not have any negative consequences for you
• if there are other reasons, choose the best one and cancel the contract by returning the money for the service

This is also important to know:
How to write a refund letter

Since we are talking about a situation where the contractor began to provide services and did not violate the terms for providing the service, we do not consider the grounds associated with violating the terms for providing the service (Article 28 of the law).

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Law on the return of money for services not provided

The basic rights of citizens who come into contact with companies providing various types of services are regulated by Chapter 3 of the Federal Law 2300-1 “On the Protection of Consumer Rights.” And in Art. 782 of the Civil Code of the Russian Federation states that both the customer and the contractor can terminate the contract for the provision of a particular service on personal initiative at any time. In this case, the ordering party is obliged to compensate the contractor for actual expenses. The same rules are prescribed in the article of the Law on Consumers. If the contractor refuses his obligations, then the client must be compensated for losses.

Attention

An enterprise often refuses to return to citizens a previously made prepayment for a service not provided, arguing that the amount exceeds the costs incurred in the course of partially completed work to order. In this case, documentary evidence of this fact must be provided.

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Grounds for a refund for a service not provided

A service is considered not provided if it:

• was not fulfilled to the required extent according to the terms of the contract, while the contractor violated the prescribed deadlines (Article 27 of Law 2300-1);
• partially performed, completely absent, or performed poorly, but the performer did not violate the agreed time for providing the service (Article 29 of Law 2300-1).

These specific situations will be discussed in detail below.

The contractor did not meet the deadline

An enterprise that provides various types of services to the population must comply with certain deadlines for the execution of agreements (Article 27 Part 1 of the Law No. 2300-1). In case of delay, the client has the right to the following:

• reschedule the completion date at your discretion;
• choose another performer, and refuse the present one and demand compensation for losses incurred as a result of the current situation due to the fault of the performing party;
• demand a reduction in the amount of payment for the service;
• terminate the contract completely.

Please note
: If the client refuses the transaction, you can count on a refund of the funds paid as an advance. Also, the consumer has the right to demand a penalty for each overdue day (Article 28 of Law No. 2300-1). If, when going to court, the customer’s demands are satisfied, then the contractor is additionally fined in the amount of 50% of the awarded amount (clause 6 of Article 13 of Law 2300-1)

The customer's claims cannot be satisfied and the money will not be returned if the performing party proves that the service was not provided on time due to circumstances beyond our control, or due to the fault of the client.

The service was not provided and the deadlines were violated

If the contractor does not meet the deadlines specified in the contract, this is a good reason for terminating the agreement at the initiative of the consumer and issuing a demand to return the prepayment (Clause 1 of Article 28 of the Law “On Protection of Consumer Rights”). At the same time, it does not play a significant role whether the provision of the service has begun or not. If there is no mutually signed acceptance/transfer certificate, the deposited money must be returned in full. This basis is used in court proceedings, since it makes it easier to prove the failure to fulfill contractual obligations on the part of the provider of an unprovided service, and guarantees that the client receives the entire amount of the advance payment.

The above may include a situation where the deadlines for completing the service have not yet been violated, but such a possibility exists.

The customer changed his mind

Often the consumer himself refuses to receive the service, although he has already paid for it. The reasons may be different:

• initially there was no particular desire to enter into a contract;
• there is a high risk that the contractor will not meet the agreed deadlines;
• the conditions for the provision of services were changed, but without amending the contract;
• another provider has been found who is able to provide a better service or for a lower fee;
• a decision was made to spend the funds on something else;
• The customer changed his mind for no reason.

In this case, we are not talking about violation of deadlines. According to Article 32 of Law No. 2300-1, the client can terminate the transaction agreement at any time. If the service is nevertheless provided, but not in full, then the contractor will need to reimburse the expenses incurred. When the work has not yet begun, the entire advance amount is returned to the customer.

The contractor has not yet started providing you with services

In a situation where the contractor has not yet started providing you with services, he could not incur any expenses, therefore, you do not owe him any compensation.

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In most cases, it will be necessary to refuse to fulfill the contract for the provision of services on the grounds provided for in Article 32.

This base has a number of advantages:

• you don’t need to explain to anyone the reason why you decided to return the money for the service
• there is no need to prove a violation of your rights by the contractor (violation of deadlines, presence of shortcomings, etc.)

But it's not that simple.

Based on our more than ten years of experience in judicial work in such cases, we can say that quite often it happens that the executor, having received money from you, after you refuse the contract, does not want to simply return it.

If he does not return the money to you voluntarily and you have to go to court, the contractor or his lawyers may try to prove that the service was provided to you or was partially provided (even when this is not true), and therefore the money must be returned not in full. They will prove this by presenting to the court documents confirming that the contractor incurred expenses related to the fulfillment of obligations under the contract concluded with you. And since the contractor did not begin directly providing you with services, this will be evidence of expenses for actions aimed at providing you with services. For example:

• some preparatory work
• expenses for third party services,
• expenses for renting premises and/or equipment necessary to provide you with services.

Each of such evidence will be checked by the court and an appropriate legal assessment will be given to it, however, the situation itself becomes controversial. Therefore, even when at the time of returning the money for an unprovided service, the contractor has not yet started providing services, we also recommend checking for the presence of other legal grounds to return money for a service that eliminates such risks for you. In other words, you need to compare the probability and consequences of the contractor withholding money when refusing services under Article 32 of the law with the probability of returning money on other possible legal grounds. Since we are talking about the situation , when the contractor did not start providing services and did not violate the terms of service provision, we do not consider such grounds as:

• violation of terms of service provision
• presence of a significant deficiency in service provision
• violation of the deadline for eliminating service deficiencies

Of course, it is better that the correct basis for returning money for the service is chosen by a lawyer from a consumer protection society who understands how your situation will be assessed by the court and what can be expected from the defendant’s lawyers.

Where to go to get a refund for work not completed?

A claim for a refund for a service not provided must be addressed specifically to the head of the organization with which the contract was concluded. The paper is given personally to the performer against signature or sent by registered mail with a notification that the addressee has received it.

Attention

If the contractor refuses to return money for a service not provided, the consumer must go to the Federal Service, which supervises the observance of consumer rights. Also, a citizen has the right to apply to the court with a claim for the return of the advance payment for uncompleted work. The application is submitted to the authority at the place of registration of the plaintiff or the address of the defendant. These norms are prescribed in Article 17 of the Law “On Protection of Consumer Rights”.

All plaintiffs who go to court regarding violation of consumer rights are exempt from paying state fees ( clause 3 of Article 17 of the Law “On Protection of Rights” ).

Step-by-step instructions for getting your money back

If the supplier does not fulfill his obligations under the agreement or does not complete the work within the specified time, then the customer has the right to return the funds paid.
To return money to the consumer for a service not provided, you must read the terms of the contract. This allows you to understand the real rights in the current situation and develop a strategy for action. Read also: Tuition tax refund

The next step is to submit an application for a refund for a service not provided in written format. The oral form is not endowed with legal status. Attach copies of documents, payment receipts, etc. to the claim.

The application must be drawn up in 2 copies. In the text, make a reference to the concluded contract, endorsed by the parties - the supplier and the client.

Filing a complaint to Rospotrebnadzor

According to Art. No. 31 ZZPP, the period for refunding funds for services not provided is 10 working days from the date of contacting the management of the organization. Based on the results of consideration of the claim, the company is obliged to return the funds or give a reasoned refusal in writing. If the client disagrees with the answer, he has the right to appeal to the supervisory authority or court.

Based on the complaint received by Rospotrebnadzor, the institution conducts an inspection. The form and essence of the document is not established at the legislative level, therefore free style is allowed. However, the text must include the following mandatory information:

• name of the organ;
• applicant's personal form, address and contacts;
• the essence of the offense with reference to the legislative framework;
• number of the concluded agreement with the supplier;
• date, signature.

Attach a photocopy of the contract, a receipt of payment and a written response from the contractor to the claim. The package of documents is sent in one of three ways:

1. Personally visiting the office of the authority.
2. Via Russian Post by registered mail with notification and description of the contents.
3. On the official portal of the department.

If you have any questions at the time of filing a claim, experts recommend contacting a lawyer. He will study the terms of the contract in detail and assist in preparing an appeal to the supervisory authorities.

Refunds for services not provided

Period of funds transfer

The management of the organization must consider a claim for a refund for a service not provided within 10 days from the date of its submission. Based on the results of an analysis of the current situation, funds are transferred to the consumer or a refund is refused.

Required documents

Resolving the issue of refunding money for poor-quality service provided or when no work was carried out at all depends on the high-quality preparation of evidence. The following documents must be submitted as a basis:

• Contract;
• Receipt of payment;
• papers, eyewitness testimony, photos and videos indicating that the work was not provided;
• a copy of the complaint to the organization and the company’s written response to it.

The involvement of witnesses is relevant if the agreement was concluded verbally and the money was transferred without a receipt.

Appeal to judicial authorities

A peaceful settlement of the issue of money return is not always possible. If the contractor does not respond to written requests and complaints to supervisory authorities, it is necessary to file a claim in court. According to current laws, the consumer has the right to initiate legal proceedings.

The nuances of drawing up a statement of claim:

• you need to register a request for a refund;
• attach documents indicating a violation of the terms of the contract and proving the guilt of the contractor;
• reasons and amount of compensation;
• attach a copy of the claim and a written refusal (if available);
• It is permissible to indicate moral damages, regardless of the total amount of the claim.

Filing is carried out at the place of residence of the plaintiff.

Required documents

Consumer knowledge of the law is sometimes not enough to defend their interests in court and other authorities. Any relationship between the parties must be formalized by an officially drawn up document - an agreement. This document will serve as proof that the consumer applied for a specific service. To return the advance payment, you will need documents confirming payment for the work: receipts, checks, warranty card.

IMPORTANT

When a citizen goes to court to return money for a service not provided, when there is no written confirmation of the fact of interaction with the performing company, witnesses are usually brought in. Indirect evidence is also used: paper or online correspondence between the client and the customer, SMS messages, bank account statements, etc. The entire collected documentary base is attached to the drawn up claim and sent (handed in person) to the performing party.

How to write a letter of claim for a service not provided?

The first thing you need to do to get your money back for a service not provided is to write a letter of claim. The document states the following:

• own initials;
• residential address and contact telephone number;
• information about the agreement concluded between the parties (date of signing, type of service and whether it was provided);
• grounds for refund of advance payment for services not provided;
• references to legislative acts.

At the end, the writer of the claim letter for an unprovided service puts down the date and signs.

An approximate sample of a letter of claim in case of violation of terms under a service agreement can be

The procedure and methods for sending a letter of claim for a service not provided

The refund scheme for services not provided includes the following:

• writing a claim;
• delivery of the complaint to the performing party;
• waiting for a response and refund of the advance for a service not provided;
• if refused, contact higher authorities (Rospotrebnadzor, Prosecutor's Office);
• in case of repeated rejection of the requirements, the claim is sent to court.

A claim for a refund of money for a service not provided is prepared by the citizen in duplicate. One document is handed over to the defendant personally against signature. If the addressee refuses to accept the letter, the paper is sent by mail or courier.

How to file a complaint with Rospotrebnadzor for a service not provided?

Rospotrebnadzor specializes in considering complaints from the public when consumer rights are violated (Article 40 of the PZPP). This department has the right to conduct unscheduled inspections of organizations and private entrepreneurs providing various services to citizens. If violations are discovered, an administrative penalty is imposed on the executing company (Article 43 of the Law of the Russian Federation). Such raids are carried out on the basis of a complaint filed by the consumer.

There is no standard form for writing a complaint to Rospotrebnadzor for a service not provided by law, but there are a number of well-established content requirements:

• indicate the name of the territorial body of Rospotrebnadzor;
• initials, address and contact details of the applicant;
• name of the performer, his location and telephone numbers for communication;
• disclosure of circumstances specified in the service agreement;
• the date of presentation to the contractor of the claim and demand to return the advance payment for the service not provided;
• reasons for the refusal;
• references to legal norms that were violated by the performing party;
• request to check;
• list of attached documents;
• signature and date.

Photocopies of the contract for the provision of services and the claim itself, as well as receipts for advance payment, must be attached to the completed paper.

A sample complaint to Rospotrebnadzor for a service not provided can be found

All collected documents and the letter of claim are sent to the office of Rospotrebnadzor or sent via mail, issued by registered mail. You can also send a complaint for a service not provided through the official website of the department (Article 42.3 of the Law on ZPP).

Additional Information

Rospotrebnadzor has a month to consider an appeal for a refund to the consumer for a service not provided. During the verification process, they may additionally request a number of documents from the contractor (Article 41 of the PPA). If violations of the Law “On Protection of Consumer Rights” are detected, an order is issued to correct them. Immediately, the contractor is given certain deadlines for returning money for services not provided. If ignored, administrative penalties will be imposed.

How to sue for a service not provided?

If it is impossible to peacefully agree with the contractor regarding the return of money for an unprovided service, the client goes to court. In this case, it is necessary to follow the claim procedure for any disagreements that have arisen and file a claim.

The application is prepared in any form, but according to Article 131 of the Code of Civil Procedure of the Russian Federation, the content should be as follows:

• initials, registered address and contact details of the plaintiff;
• the type of service that was to be provided and the time the contract was signed;
• when and under what circumstances the payment was made;
• clarification of the fact of non-provision of services;
• reporting information regarding a preliminary appeal to the contractor with a request to return the prepayment;
• for what reason the money was not returned to the customer;
• links to regulations;
• a request to recover from the defendant an advance payment and a penalty for late payment, as well as an award of compensation for moral damage (Article 15 of the Law of the Russian Federation);
• list of applications;
• date and signature.

The statement of claim for the return of money for a service not provided must be drawn up in three pieces. One copy is marked in the court office and given to the applicant, the second is used in the proceedings and the third is sent to the defendant.

An approximate example of an application to the magistrates' court for the return of money for a service not provided can be

Necessary documents for the trial:

• agreement between the customer and the performing party;
• payment orders, checks and receipts (confirming payment basis for the service);
• claim letter;
• the contractor's response to the complaint.

If there is no agreement, then witnesses must be invited to the court to confirm the fact of the transfer of money by the consumer.

Can a court refuse to return money to a consumer for work not completed?

There are situations when the court may refuse to satisfy a consumer’s demands for a refund for a service not provided. The reasons may be:

• there is no written agreement concluded between the customer and the contractor;
• payment for the service was not made;
• the service was not provided due to the fault of the consumer;
• The plaintiff did not provide significant evidence that an advance payment was made.

If the plaintiff does not agree with the court decision, they file an appeal.

Arbitrage practice

There are many examples from judicial practice when the consumer won and fully returned the advance payment for an unused service, and the contractor was also awarded a fine and a penalty. Below is an example of such a case.

An example from judicial practice on the return of funds to the customer for a service not provided

Ivanova N.L. filed a statement where the bank was the defendant. A loan contract was signed with the organization. The terms of the contract included collective insurance against illness, loss of work and force majeure. Having received the loan funds, within 14 days the borrower sent the insurance company a demand to terminate the contractual relationship and return the amount of the insured event. A refusal was received and recommendations were given to address this issue to the bank. The customer did not receive any response to the claim from the financial institution. Then the consumer was forced to go to the judicial authority. The judge ruled that the plaintiff's interests had been grossly violated, citing Article 32 of Law 2300-1. Insurance and monetary compensation for moral damage were collected from the financial organization.

Appeal to judicial authorities

It is not always possible to resolve the issue of refunds peacefully. What to do if the guilty party does not respond to the claim? How can I get my money back for services that were never provided? Many decide to start legal proceedings. According to the law, the consumer has the right to file a claim in court, through which he can demand the return of funds. The application is submitted by the plaintiff at his place of residence. It must indicate the reasons for collecting compensation, as well as evidence of the guilt of the contractor. And it is also necessary to have a document confirming that the contractor ignored the claim or refused it.

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In addition, in the statement of claim you can indicate the amount of moral compensation, independent of the total amount of funds paid.

Problems and nuances

Often citizens put their signature on the contract when ordering a particular service without reading the document. Only this is an important point in the process of determining the contractor to perform a certain job. If a person does not have legal literacy, then it is better to invite a specialist with you to sign the contract or consult with a lawyer on our website. Then you can protect yourself from the tricks of the contractor, who usually includes conditions unfavorable for the customer in the contract.

If the consumer decides to do everything himself, then it is recommended to carefully study the service agreement. It is better to do this in a calm environment (for example, at home). It is worth paying attention to the following points:

• how will a refund be made if the service is not provided;
• Are there penalties for violating order deadlines?
• method of payment for the service specified in the contract (50% immediately, the rest upon completion of the work or transfer of the entire amount as an advance payment).

The type of service should also be taken into account, since not all categories fall under the regulations of the Law on the Protection of Consumer Rights. Thus, in the tourism sector there is a law regulating the procedure for resolving disputes regarding monetary aspects and options for returning money in case of violation of the terms of the contract (Article 10 of the Federal Law of November 24, 1996 No. 132-FZ). The consumer will only be able to receive the amount that he paid for the service as an advance payment. It is stated in the contract.

Often performers resort to some tricks. Therefore, you should not sacredly trust the company, hoping for its responsibility and integrity. You should especially study the section “Payment Procedure”. If the prepayment is formulated as a fee for drawing up an agreement or additional functions (consulting, visiting a specialist, etc.) or a deposit, then this is a guaranteed deception. Also, the text should not contain a condition that money will not be returned if all work is completed, but the customer did not like the quality. Then in the future it will be problematic to return the given funds.

Attention

It should be understood that if the customer initiates termination of the agreement, the deposit for unprovided services will not be returned. When the contractor himself has indicated a desire to terminate the contractual relationship, the money must be returned to the client. This term is regulated by Articles 380 and 381 of the Civil Code of the Russian Federation.

To get a refund for a service not provided, it is important for the consumer to follow the complaint procedure: collect all documents, correctly draw up a complaint and send it to the contractor. It is also advisable to conduct preliminary negotiations with the performing party in order to resolve the dispute out of court. If the attempt does not give a positive result, then a statement of claim is drawn up in court and a solid evidence base is prepared.

Additional questions

What are the consequences of the contractor refusing to provide the service?

If the contractor refuses to provide the agreed services, he cannot demand compensation from the customer for the costs incurred, due to the provisions of clause 4 of Art. 28 Federal Law No. 2300-1.

For violation of the terms of service provision, the contractor also pays the customer a penalty for each day of delay. Its amount is three percent of the cost of work for each day of delay. The contract may specify a higher amount of the penalty.

By virtue of Part 2 of Art. 782 of the Civil Code of the Russian Federation, the contractor has the right to refuse to provide services. However, he must pay the customer for all losses incurred by him. As already mentioned, losses are damage and lost profits. The customer must prove the fact of incurring losses.

Thus, if a service is not provided, the liability of the parties depends on the reason for which it was not provided. If the contractor is at fault, he compensates for losses. If the performer violates the terms, he pays a penalty. If the customer initiated the refusal to fulfill the contract, he must pay the contractor the actual expenses incurred by him.

How is the service paid if the deadline for its provision is missed?

Any service must be provided in compliance with the deadline provided for in Art. 27 Federal Law No. 2300-1. By virtue of this norm, the deadline is established:

1. In the contract.
2. In legislation regulating the provision of certain types of services.

If the deadlines are violated, due to the requirements of Art. 28 Federal Law No. 2300-1, the customer has the right:

1. Assign a new deadline for the performer to fulfill the obligation.
2. Refuse services and obtain them from a third party.
3. Submit a request to reduce the amount of payment for untimely rendered services.
4. Refuse the services of the performer.

The consequence of delaying the provision of services is the possibility of the customer to demand compensation from the contractor for losses incurred. By virtue of Art. 15 of the Civil Code of the Russian Federation, losses are understood as both direct actual damage and lost profits. In this case, the fact of incurring losses will have to be proven.

How is the service that the consumer refused paid for?

The right to refuse the service by the consumer is stipulated in Art. 32 Federal Law No. 2300-1. At any time after the contract is concluded, the customer has the right to freely inform the contractor that he does not need his help. According to the law on the protection of consumer rights, payment for services not provided if the customer refuses it must be made, but not in full. The customer must pay the contractor for expenses incurred after the start of fulfillment of obligations.

Let's give a simple example. In a hairdressing salon, a customer's hair is being styled. But the phone rings and the consumer urgently needs to leave. Accordingly, the service is considered not provided through his fault. He pays for the master’s work time, the amount that the performer spent on materials, and leaves.

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However, a situation may arise where the consumer refuses to pay. If there is a dispute, the fact of partial provision of services must be proven by the contractor.

Suitable for this:

1. Evidence that the service was provided.
2. The contract for the provision of services, if concluded in writing.
3. Other evidence, for example, notarized correspondence with the customer.

In addition, the contractor is obliged to prove the fact of incurring expenses for the provision of services. This is confirmed by checks, receipts, invoices for the purchase of products that were used to provide the service, price lists that take into account payment for the completion of individual stages of work.

This is also important to know:
Returning goods of inadequate quality: which goods are considered to be of poor quality, exchange procedure, how to return money

There are cases when the customer pays a deposit to the contractor, i.e. funds for the execution of the service. These funds can be used to pay off the customer's debt. If all expenses are covered, the contractor has no right to make any additional demands. If the deposit covers only part of the costs, the contractor has the right to demand that the contractor pay for the remaining part of the services actually rendered.

What to do if the service seller refuses to fulfill his obligations and does not want to compensate for the losses incurred

If the claim does not have the desired effect, contact a lawyer so that he can have a conversation with the head of the service provider company and explain what the consequences of further ignoring this document are for him, and also contact the local consumer rights protection committee.

If after this there are still no payments, feel free to go to court.

To initiate proceedings, you will need to file a claim for a refund for a service not provided and justify each of the demands made.

Speaking of demands, you can not only return the funds, but also separately indicate in the claim a clause for compensation for moral damage. The right to this is given to you by Article 15 of the Federal Law of the Russian Federation “On the Protection of Consumer Rights”.

Refund for poor quality service provided

A service provided on terms other than those specified in the contract may be considered not provided. In this case, if there is convincing evidence. In this case, evidence is collected by the client. The situation is complicated by the fact that the quality of a service is not easy to evaluate, since it is not a material thing. Therefore, it is customary to evaluate a service according to the compliance of its result with the requirements of the law or other legal documents, standards, regulations, including the terms of the concluded contract.

In such a situation, it will not always be possible to return the full cost of the service, but the law also provides for alternative solutions to the problem.

• Require the contractor to eliminate identified deficiencies without additional payment,
• Demand a reduction in the price for the service provided or a refund of part of the funds already paid,
• Request the same service a second time,
• Demand reimbursement of incurred costs to correct the defect.

How to get money back for travel packages

If we talk about tourism, the poor quality of services here will surprise almost no one. In addition, any person who has purchased a tour package sometimes faces a number of unforeseen conditions that prompt them to return it and get the money paid back. For example, before a planned trip you can get sick or, when preparing documents, be denied a visa, etc.

Interesting

According to the federal legislation of the Russian Federation, every tourist has every right to return the money previously paid for the trip. To request a refund, fill out a separate application, indicating the specific reasons why you, as a tourist, need to make such demands.