The whole family planned a long-awaited vacation six months in advance, booked a trip, but a week before departure the child fell ill (the husband was denied a visa, etc.). Is it possible to cancel a trip and get a refund for the trip?
Yes, in such a situation, tourists have the right to refuse the contract with the travel agency. This possibility is provided for in Article 10 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation.” The basis for terminating the contract for the sale of a tourism product will be a significant change in circumstances, for example:
- deterioration of travel conditions specified in the contract;
- change in travel dates;
- unexpected increase in transport tariffs;
- impossibility for a tourist to travel due to circumstances beyond his control (tourist illness, refusal to issue a visa and other circumstances).
Of course, your unforeseen circumstances will need to be documented. For example, if your child is sick, be sure to consult a doctor and get a certificate or a certified extract from the medical record.
Important nuances when refunding money for a trip:
- The law gives you two options - either refuse the contract (that is, cancel the trip altogether), or demand a change in the contract (for example, reschedule the trip to other dates, renew the contract for a smaller number of tourists, etc.). Therefore, in each specific situation, you can choose the most profitable and convenient option for you.
- Cancellation of a tour on this basis is not related to poor quality services provided by the travel agency. Since the travel agency is not at fault in this case, termination of the contract does not imply a refund of the entire amount paid for the trip. In this case, on the basis of Article 32 of the Law “On the Protection of Consumer Rights,” the travel agency may deduct from you its expenses that it has already incurred in connection with the organization of your trip. This may be payment for ordered air tickets, insurance, hotel reservations and other items that were provided for in your contract.
- If you have serious reasons to suspect that the trip will be disrupted (for example, small children), even when purchasing a ticket, we recommend that you think about registering travel insurance.
What needs to be done to get a refund for the tour?
1) Write a statement or claim to cancel the contract due to a significant change in circumstances. By law, the tour operator is responsible for organizing your trip, even if you purchased the ticket through a travel agency. Therefore, the application will need to be submitted directly to the tour operator.
2) Submit a claim:
- hand over to the tour operator personally against your signature on your copy of the application;
- if the tour operator is located in another city, send the claim by registered mail with acknowledgment of receipt or a valuable letter with a list of attachments to the tour operator's address specified in the contract. Retain postal receipts, notices, inventory as proof of date of mailing;
- To speed up the resolution of your issue, duplicate the claim via email from the tour operator and hand it over signature to the travel agency where you purchased the tour.
Attention!
The sooner you apply for a tour cancellation and the more time left before the start of the trip, the higher your chances of receiving most of the cost of the trip.
By law, the tour operator must consider your claim within 10 days from the date of receipt. If there is no answer, try to check the status of your application with the travel agency or directly with the tour operator.
What to do if the tour operator returned only part of the amount or did not return anything?
- if you registered when purchasing a ticket travel insurance, you can contact the insurance company with a request to reimburse that part of the tour price that the tour operator withheld. To prepare an application to the insurance company, carefully study the terms of your policy, insurance rules and prepare all supporting documents (contract for the sale of tourism products, certificates from the hospital, refusal of the consulate to issue a visa, payment for the amount returned by the tour operator, documents provided by the tour operator to confirm expenses incurred, etc. .);
- Request from the tour operator and travel agency documents confirming their expenses (reservation and payment for tickets, hotel reservation, insurance payment, etc.).
On a note:
The clause in the contract regarding a fixed amount of fine for canceling the tour is illegal. Therefore, the tour operator does not have the right to deduct “50% of the tour cost” from you, but only the documented costs of organizing the trip.
If the expenses are not confirmed in any way or the tour operator withheld the amounts for the purchase of tickets after receiving your complaint, you can try to go to court with a claim for consumer protection and demand a refund of the remaining amount. As a rule, tour operators are more willing to provide all the necessary documents to the court. Therefore, based on the results of the trial, you can recover some more part of the price of the trip, as well as demand payment of a penalty, compensation for moral damage, and a fine. We recommend involving a travel agency and an insurance company (if you had travel cancellation insurance) as third parties in the case.
Quite a few people still buy trips from tour operators. Some people are afraid to travel on their own, others consider a vacation organized by a tour operator more comfortable, and some believe that a trip organized by an operator will cost several times less. But more and more often people began to refuse tour packages. Therefore, questions increasingly arise about whether it is possible to return the money spent on vacation.
Cancellation of a trip
There are many reasons why a traveler refuses a trip. Here it is important to immediately understand whether this measure is forced or voluntary. Today, the tourism sector is not very stable, so when a person refuses a tour, a lot of difficulties arise. There are several types of cancellation of a tourist package:
- A person refuses to travel voluntarily, that is, he does not have any documents in his hands that could confirm that he will not be able to go on a trip.
- The client of the travel agency is forced to cancel the trip and will be able to provide any documents as proof. Forced refusal is prescribed in Article 10 of the Federal Law “On the Fundamentals of Tourism Activities in Russia”).
- A person will not be able to go on a trip due to the fault of the tour operator.
Refund for trip
Issues regarding the return of funds in case of cancellation of a trip are considered in the Civil Code (Article 782), in the Law “On the Protection of Consumer Rights” (Article 32), in the Federal Law “On the Fundamentals of Tourism Activities in Russia” (Article 10).
Legitimate reasons for canceling a tour include:
- An increase in prices in the field of passenger transportation, if previously such a situation could not be predicted.
- The decision of the tour operator to reschedule the dates and dates of the trip without the consent of the voucher holder.
- Force majeure moments that cannot depend on the tourist himself.
- Deterioration of conditions in the holiday destination (the outbreak of hostilities, catastrophes, natural disasters, change of political regime).
Refusal procedure
Some facts
According to statistics, 65 percent of Russians have never traveled to foreign countries over the past five years
To get a refund, you must write a letter of advice to the tour operator. Regardless of the reasons for refusal, you must come to the tour operator’s office in person to write an application. It states the reasons for canceling the tour. When the reasons are personal, you should write about them in lengthy form. If they are related to force majeure circumstances, then it is necessary to make a reference to Article 10 of the Federal Law “On the fundamentals of tourism activities in Russia”. With a high degree of probability, the travel agency will delay the refund, citing various reasons. The Consumer Protection Law will help you speed up this process.
If the tour operator independently canceled the charter flight without informing the client about it, then you should contact Rospotrebnadzor with a complaint against the tour operator.
Difficulties arise in cases where tourists themselves do not want to go on a trip, but do not know how to cancel the tour and return the money. It is important to read the contract with the travel agency before signing it. The amount of the refund in case of voluntary refusal will be lower than the amount that the tour operator's client will receive in case of forced refusal.
Compensation calculation
In case of forced cancellation of a trip, the client of the travel agency will be able to receive up to 100 percent of the cost of the trip. To obtain a refund due to a refusal at the client’s request, it is worth considering that the travel agency has the right to impose a fine on him. Therefore, you cannot count on full compensation for your trip.
The calculation of compensation for cancellation of a trip is also affected by the number of days remaining before departure:
- From 0 to 5-7 days – the client loses 100% of the cost of the trip;
- From 6-8 to 12-14 days – the client loses up to 50% of the cost of the trip;
- From 13-15 to 20-21 days – the client loses up to 25% of the cost of the trip;
- From 22 to 30 days – the client loses 10% of the cost of the trip.
- If the cancellation is made earlier than a month before the trip, the client loses 1000-1500 rubles.
The video discusses the details of canceling a tour package
Pre-trial refund
In order to return money for a tour before going to court, you must correctly draw up a statement of refusal from the contract to the travel agency or a claim to the tour operator. A sample application and claim can be obtained from the travel agency office or on our website. When filing a claim, it is worth considering the following points:
If the tour operator is located in another city, then the claim is sent to him by registered mail. You can also duplicate it by email and take it to the travel agency where the tour was purchased.
If the tour operator and travel agency have refused to refund you the funds for which you can legally claim, then you must go to court.
If you are not satisfied with the amount that may be returned, then request documentary evidence of expenses. If the money was transferred to a hotel, airline or other partners and they refuse to return it, there is nothing you can do.
Going to court
Such cases are heard in the courts at the place of residence of the plaintiff. The client will need to write a statement indicating all the claims that they have against the operator and a demand to return the money for the tour. When drawing up a claim, be sure to rely on legislative acts (information about them is indicated above). To successfully complete such cases in court, the best option would be to use the help of a qualified lawyer.
The chances that the tour operator will allow you to return the money for a trip to a sanatorium or resort if you go to court are quite high. Even if the cancellation of the trip occurred at your request, the travel company will be able to charge you in the form of fines only the costs that it has already incurred. But travel agencies pay all costs for flights and maintenance of the client after the services have already been ordered. Therefore, the travel agency will have to resort to tricks to prove that it has already incurred any expenses associated with your trip.
Chargeback
Chargeback is essentially the last option to get a refund for your travel package. Chargeback is a procedure for contesting a transaction, and subsequently returning the funds paid to the buyer. Before you can issue a refund for a Chargeback travel package, you must provide compelling reasons that the funds transfer transaction was unauthorized, erroneous, or fraudulent. This happens both in the case of purchases in online stores and with the purchase of tour packages from tour operators. All losses during this procedure are borne by the seller, which means that for the buyer of a tour package in case of refusal, this option will be quite profitable. Refunds via Chargeback are possible for Visa and MasterCard cardholders.
Refund for holidays in Crimea, Kamchatka and Karelia
Not all Russians know how to return money for a trip to Crimea, Karelia or Kamchatka. Since the beginning of 2016, Russia has had a law on compensation for family vacations. The essence of the law is that citizens of the Russian Federation vacationing on tour packages in Kamchatka, Karelia and Crimea will be able to count on compensation for the money spent. Compensation reaches 50 thousand rubles. This can be done through the employer or through the tax office. The law applies to families with children under 18 years of age and to families with children under 24 years of age. If the trip cost 50 thousand rubles or more per person, then the compensation will be 50 thousand rubles. When the trip turns out to be cheaper than 50 thousand rubles, compensation will be made based on actual expenses.
If you have any questions about getting a refund for a tour package, leave them in the comments.
Holidays in Turkey are a good thing, especially if you have been preparing for it throughout the year. Only the vouchers were purchased in advance, three to four months, and some even six months in advance. Immediately before the trip, circumstances may arise due to which the trip may not take place.
You go to a travel agency with the desire to terminate the contract and return your “hard earned” money. But it was not there. Your question about whether it is possible to return vouchers to Turkey hangs in the air. When you bought your ticket, a very nice girl talked to you. Everyone was happy to see you and offered tours to suit every taste. Now the situation has changed radically: they are no longer happy to see you, a person who is not very happy with your arrival is talking to you, who tells you about a million reasons why they cannot return the money. Let's figure out whether it is possible to return trips to Turkey, when, how to do it and what is the procedure for refunding money.
Reasons why people refuse travel packages
The reasons could be absolutely any:
- You do not have good reasons, as well as documents confirming the need to postpone for a while or completely cancel the trip. In order not to lose a huge amount of money (note: cancellation a week before departure will cost you a loss of 100% of the cost; in the period from 8 to 14 days - 50%; in 15-21 days - 25%; in 22-30 days - 10%), it is more prudent to ask to change the dates of an existing tour. If you refuse, you have only one option - go to court.
On a note! According to the Law “On the Protection of Consumer Rights” (Article 32), the tourist (consumer) has the full right at any time to refuse to fulfill the contract for the provision of services (that is, the performance of work) concluded between him and the tour operator. Only under one condition: the contractor receives payment of all actual expenses associated with the fulfillment of obligations under this agreement.
- Forced refusal (this is discussed in the Federal Law “On the Fundamentals of Tourism Activities of the Russian Federation” in Article 10). Due to certain serious personal reasons (urgent work, illness, childbirth, etc.), you cannot go on a trip. As arguments, you have the opportunity to provide documents (medical certificates, contracts, etc.). Forced refusal also includes drastic changes in the conditions of the holiday (as opposed to those specified in the contract): changing the dates of departure and arrival, a significant increase in expenses associated with the trip, as well as the lack of necessary documents (for example, visas).
In case of forced refusal, tourists hand over their vouchers to Turkey. What can they do? Of course, you can demand either a refund of the cost of the trip in full, or reschedule the dates and destination of your vacation. That is, in this situation, everything is in your hands: it is you (and not the tour operator) who choose what is convenient for you. It is unlikely that you will succeed, but with some persistence (despite the “draconian” terms of the contract and all those huge fines for refusal), you can get back as much as 100% of the cost of the tour.
In what cases does the travel agency itself cancel a package holiday?
There are a number of reasons why a travel agency is not able to provide you with a vacation:
- She went broke.
- The direction in which the trip was supposed to take place is closed.
The travel agency went bankrupt
How to get money back for a trip to Turkey if the travel agency is bankrupt? By law, you are owed the entire amount previously paid for the failed trip. This is ideal, but in reality everything is different. The company has very little capital, which will be used to pay off, that is, satisfy all claims (and there are a lot of them: hundreds, or even thousands of times more than the capabilities of the travel agency). At best, the “lucky ones” can receive at most 5-20% of the tour cost. And in the worst case, no one gets anything. Therefore, take what they give, and then go to court in the hope of getting the rest. Only this way and no other way.
Direction closed
A holiday destination may be closed for a number of reasons:
- Natural disasters (typhoons, earthquakes, tsunamis).
- Cases of mass infection with various diseases. The question immediately arises whether it is possible to return vouchers to Turkey.
- A large number of victims, due to, for example, shark attacks.
In case of closure of a direction, there is a nuance - whether there is an official ban or not:
- If there is one, you need to contact the office where the tour was purchased and write to the tour operator and return the money. It would be a good idea to get a note at the airport that the flight has been cancelled.
Adviсe! First: the sooner you apply, the greater the chances of getting something (it’s unlikely to satisfy everyone). After all, even for a large operator, the closure of a direction (for example, such as Turkey) is a shock. And what can we say about those for whom this direction is generally the only one. Second: if the tour operator offers another destination (with an additional payment), agree: you won’t lose money and you won’t have to postpone your vacation. This is about the question of Should I rent out vouchers to Turkey? You decide.
- If it is not there, then the return of the tour will be qualified solely as your voluntary refusal. How to act in this case was discussed above.
Making a claim
How to get money back for a trip to Turkey? First, we take such an important step as drawing up a claim in the name of the tour operator, a sample of which can either be downloaded on the Internet or borrowed directly from the travel company (during a personal visit). Moreover, the preparation of such a document is always mandatory, regardless of the reason for refusing a trip.
Advice! Be sure to fill out the claim in two copies: give one to the tour operator for signature, and keep the second (with a note that the first has been submitted for consideration).
If it is not possible to personally deliver the statement of claim, then send it in the form of a registered letter by mail (necessarily with notification).
Important! First make photocopies of all sent documents, and also save all receipts and checks issued when registering a registered letter.
The second step should be to contact Rospotrebnadzor with a complaint about the actions of the travel agency. Perhaps checking the travel agency by this organization will work as a catalyst in the process of returning money for the trip. Or maybe not.
On a note! On the question of whether it is worth taking trips to Turkey. Or maybe just sell them to one of your relatives, friends or colleagues.
There is no way to sort out the problem without a trial.
If you cannot resolve all the issues “amicably” with the tour operator, there is only one option left - to go to court. It would be a good idea to contact Rospotrebnadzor. This supervisory authority will not only help in the legal process, but at the same time will check the work of the travel company (they will definitely find violations for which serious fines are provided there).
On a note! According to Russian laws (in court), you can only be charged (as a percentage) for expenses that the travel agency has already incurred. But it is unlikely to be able to prove the fact of payment (unless it is lying), since it usually transfers all funds for the provision of services such as accommodation and flights to you with a significant delay or after the provision of services.
Therefore, when asked whether it is possible to return vouchers to Turkey, we confidently answer: “Through the court, it’s definitely possible.”
We return the money through the bank
If you don’t want to go to the courts, you can do something more cunning: get money for a failed or poor-quality tour through a bank. Not bad idea! But you can carry out your plan only on the condition that you paid for the tour through a financial institution. The procedure for returning money for a trip to Turkey through a bank is as follows:
- Write to the bank whose client you are a request for a refund. In it, indicate the reason why you consider the money transfer operation to be unlawful (for example, the provision of tourist services of an inappropriate level).
- The financial institution considers your reasoned request, as a result of which it returns money to the applicant’s bank card from the specified account (most often the bank takes the tourist’s side).
On a note! If you indicate the bankruptcy of a travel agency as your reasons, the result is unlikely to be positive.
- Always carefully read the terms of the contract, especially what is written very “smallly” (if you don’t agree with something, you have the right not to sign or add what you consider necessary).
- It is more prudent to cancel your trip to Turkey because of the virus than to later get sick on vacation and “bite your elbows.”
- The possibility of bankruptcy of a tour operator is directly proportional to the growth of failed tourists who would very much like to get their money back.
- It’s better not to take risks and don’t fall for tempting offers by buying the cheapest tours.
