Home / Travel news / Who will help the tourist: the court or the Prosecutor’s office?

The tour operator retains the tourists return in case of cancellation

The travel agent has reported that its customers for almost three months waiting for a refund from the tour operator who failed to provide accommodation under Tuapse. What to do in this situation?

Кто поможет туристу: суд или прокуратура?

Brought to the Prosecutor’s office

Vadim Prokhorov, the General Director of the Tolyatti tourist “t-city”, told about the following situation.

“Tourist from Samara, booking on 25 may, the accommodation in the resort complex “Lightning Yamal” in the Tuapse district of Krasnodar region, in the middle of summer received a notice from the Moscow tour operator “Priority Tour” that it will not be able to settle in to the hotel. All summer he waited for the return of 161 thousand rubles for the accommodation, but, without seeing, wrote the application on the “Priority Tour” in the Samara Prosecutor’s office. There was a pre-investigating check launched, is now solved a question on excitation of criminal case. Another customer “TL-Tour” also did not get their money back, but have done nothing”.

After the news on TourDom.ru edited contacted representatives of the tour operator promised during the week to pay the money to the tourist, “ripened” to the Prosecutor’s office. Why failed to fulfill its obligations, the firm refused to report.

Well, if the promise is finally fulfilled. And if not?

Legal arm

“An appeal to the Prosecutor in terms of a refund is inefficient, the prospect of a criminal case is weak, most likely, tourist will be sent to the court, justifying this by the presence of civil relations. At the same time it will take, and the tour operator to the dispute before the court may be insolvent. However, the tourist can apply to the court within three years of the limitation period”, – told the HotLine.travel lawyer Elena Barinova.

According to her, the sequence of actions in a situation of a tourist from Samara that he should claim against the tour operator for a refund. The deadline for response to this claim according to the Federal law “About bases of tourist activity in the Russian Federation” and RF Law “On protection of consumer rights” is 10 days. If within this period the company’s claim did not satisfy and did not return the money to go to court. “The tourist has the right in court to claim to recover the cost of the tour operator neokazannye services, a penalty of 1% for each day overdue, the compensation for moral damages and a fine of 50 % of the amount of the above three summands. It is written in the Law of the Russian Federation “About protection of the rights of consumers”, – concluded Ms. Barinova.

It would be theoretically possible to appeal to the insurer. In the registry of tour operators on the website of the Federal tourism Agency information about company “Priority-Tur”, registered in Moscow, indicate the amount of financial support: 500 thousand rubles. But in practice, most likely, from payment, the insurer will refuse. After the operator confirms the readiness to pay a tourist, and he promises to return the money later.

The Shortage Sucks

Speaking of which, it’s impossible to ignore a deeper problem. Statistics of the last seasons shows the explosive growth in the share of domestic product. If a year and a half ago 1 900 tour operators of outbound tourism accounted for 2 500 tour operators domestic, now this ratio has changed: 706 4 000. The experts noted that the responsibility of tour operators of domestic tourism is still much lower than companies selling tours abroad. The situation must be corrected – to such conclusion travel agents discussing this issue at the conference one HUNDRED of the forum if it in 2016.

Otherwise the situation may result in problems and scandals, because of 500 thousand rubles for tour operators of domestic tourism – too small size of financial guarantees compared to 10-30 million rubles for tour operators in outbound tourism.