First, let's separate the flies from the cutlets - let's explain that the article will focus on ready-made tours purchased from tour operators and travel agents. If you purchased your own airline tickets or booked a hotel room and now want a refund, keep in mind that these are different situations.
As for refunds for vouchers that already include flights, hotel accommodation and other services, this issue is regulated by two laws - “On the Fundamentals of Tourism Activities in the Russian Federation” and “On the Protection of Consumer Rights”. The second law is general and in this case complements the first.
So the trip did not take place. There are two possible situations here: 1) entry into the country was closed; 2) entry was not closed, but you did not fly because you were unable to due to circumstances beyond your control, for example, you got sick, or you simply did not want to take risks.
Situation one: entry into the country is closed
In this case, the money is returned on the basis of Art. 14 of the Law “On the Fundamentals of Tourism Activities”. It states the following:
In the event of circumstances indicating that there is a threat to the safety of their life and health in the country (place) of temporary stay of tourists (excursionists), as well as the danger of causing harm to their property, the tourist (excursionist) and (or) tour operator (travel agent) has the right to demand in court the procedure for terminating a contract for the sale of a tourist product or changing it.
The presence of these circumstances is confirmed by relevant decisions (recommendations) of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, adopted in accordance with federal laws.
If the contract for the sale of a tourist product is terminated before the start of the trip due to the occurrence of the circumstances specified in this article, the tourist and (or) other customer is returned a sum of money equal to the total price of the tourist product, and after the start of the trip - part of it in an amount proportional to the cost services not provided to tourists.
If the money is not returned to you voluntarily, you need to go to court - and as quickly as possible, so that the tour operator does not have time to go bankrupt.
Court decisions
Measurer's mistake of 30 thousand: the window installation company paid for the miscalculation
The furniture store paid for the delay
Violation of the terms of the supply agreement: how to get your money back
Double payment for goods
A diet that only makes your wallet thin
Compensation for damages in favor of the buyer
Situation two: entry into the country was not closed, but you still refused the tour
In this case, the money is returned on the basis of Art. 10 of the Law “On the Fundamentals of Tourism Activities”. It states the following:
Each party has the right to demand a change or termination of the contract for the sale of a tourism product due to a significant change in the circumstances from which the parties proceeded when concluding the contract.
Significant changes in circumstances include:
- 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’s illness, refusal to issue a visa, etc.).
But in this case, the tourist reimburses the tour operator for the expenses actually incurred by him, unless otherwise provided by law or contract (clause 3 of Article 781 of the Civil Code of the Russian Federation). True, the tour operator still has to prove these expenses.
How to get a refund for a tour
In this article we will explain how to return money for a failed tour (or “how to return a purchased tour”).
First, let's clarify the terminology:
A tour operator is a legal entity that organizes your vacation (Anex, Pegas, Tui, Coral, Sunmar, TezTour and others). It is the tour operator who buys air tickets (or provides a charter flight), negotiates with hotels, insurance companies and organizes transfers upon arrival.
A travel agency (or travel agent) is a company that sold a tour from a tour operator. Any travel agency makes a profit only from the agency fee from the sale of a tour - usually it ranges from 6% to 12%. This point is especially important when further describing the refund.
————————— If you don’t have time to read the article and want to resolve the issue quickly, our lawyers will help! We will correctly file a claim in the name of the tour operator and help you reimburse the money for the tour as soon as possible. The initial consultation is provided free of charge.
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Who pays whom (tourist->travel agency->tour operator):
After you have purchased a tour from a travel agency, it is obliged to send funds to the tour operator. In online travel agencies, this process takes a few seconds, because... after paying for the tour, the tour operator receives the funds almost instantly (the system automatically credits them to the tour operator’s balance). In ordinary offline agencies, the travel agent must manually send the money to the tour operator, which is why, sometimes, problems arise in the difference in exchange rates.
If something went wrong during the implementation of the tour and you want to return the money, then the interaction on returns is carried out in conjunction: Client-Travel Agency-Tour Operator. All requests that a tourist sends to a travel agency regarding a purchased tour are forwarded by the travel agent to the Tour Operator. As soon as the Tour Operator gives the go-ahead for a refund, such a refund first comes to the Travel Agency, and then the travel agency returns the amount of money to the client. We note here that the Tour Operator returns the amount minus the agency fee, therefore the travel agency is obliged to compensate the tourist for this fee received for the tour independently, unless otherwise specified in the agreement with the tourist and the travel agency.
The client also has the right to contact the tour operator directly, bypassing the agency; however, the response time from the tour operator to such private requests can be long. In some cases, the tour operator does not communicate with tourists at all, sending them to the travel agency where they bought the tour, while the tour operator has the right to do this only if the corresponding clause is specified in the agency agreement with the travel agency.
What to do if the travel agency does not refund money for the tour:
If a travel agency refuses to refund money for a tour, there may be several reasons for this:
- The first reason is that the tour operator refuses. In this case, the travel agency physically cannot return the funds at its own expense, since it acts on behalf of the tour operator (on behalf of and at the expense of the tour operator) and is only a liaison (agent). In this case, the travel agency can help the client make a correct claim addressed to the tour operator and send it on behalf of the client, attaching all documents regarding the tour as soon as possible.
- The second reason is that the travel agency refuses. In this case, the Tour Operator can fulfill all its obligations, that is, transfer funds for the tour to the account of the Travel Agency, but the agency manager will hide this fact from the client and refer to the tour operator. In this case, the tourist must request a written response from the Travel Agency - for what reason there is a refusal to return money for the purchased tourist product (trip).
- The third reason is that the refund amount is equal to the FPR (actually incurred expenses) of the tour operator.
Return of tours due to coronavirus
Due to the unfavorable situation in the world, tour operators were unable to fulfill their obligations to organize holidays abroad from March until July-August 2021. Not only tourists, but also travel agents have become hostage to the situation. Many tour operators and travel agencies, especially small ones, suffered huge losses. Small-town travel agencies are forced to return to tourists not only the money that was credited to their account from the tour operator, but also their agency fees, which may have already been used to pay for office rent, employee salaries, etc. In this case, the law is on the side of the tourist, and the losses of the travel agency are business risks. The tourist and travel agent can gently agree to return only that part of the amount that came from the tour operator, or to defer the return.
How it was before the pandemic:
If the tourist refused the trip of his own free will, then he compensated the actual expenses incurred by the Tour Operator and received money for the tour from the travel agency in a couple of days.
If the reason for termination of the contract was a threat to the safety of life or health or a ban on flights in a certain direction by the state, a 100% refund was made and these reasons were compelling for going to court and, as a rule, the tourist always won. This, for example, happened with Egypt and China during the outbreak of the epidemic back in 2021 (when trips to Hainan Island were cancelled).
Refunds for canceled tours
If your tour did not take place, you need to determine which group of tourists you belong to:
1 group of tourists - contracts for the sale of tours (vouchers) concluded before March 31, 2021 (the very date on which the borders with the Russian Federation were closed).
Group 2 of tourists - all other tourists with concluded contracts after 03/31/2020
For the first group of tourists, Mikhail Mishustin signed a Regulation on the procedure for rescheduling and refunding the cost of tours that did not take place due to the coronavirus, according to which the tour operator is obliged to provide tourists with an equivalent tour instead of one that did not take place due to the pandemic - but no later than December 31, 2021. If a tourist refuses an equivalent product, the tour operator must return the money to him no later than December 31, 2021. This is the so-called “special case” or “force majeure” - no one expected the pandemic and could not have foreseen it.
However, the tourist can receive the money earlier if the tour operator did not comply with a number of special rules - did not properly notify the tourist, did not sign an additional agreement with the tourist, or the travel agent did not do this for his part. Also, these “special cases” do not apply to citizens who find themselves in a “difficult life situation.”
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Is it possible to get a refund for a tourist package?
Our lawyers will help you correctly draw up a claim in the name of the tour operator and reimburse the money for the tour as soon as possible. Initial consultation for tourists is provided free of charge.
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The second group of tourists (contracts concluded after 03/31/2020) also does not fall into special cases. All tour returns are regulated by the basic law on tourism activities. Refunds are made by the tour operator to the tourist minus the FPR.
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For travelers!
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Step by step guide
How to take part in the travel subsidy program and be guaranteed to return part of the funds:
- Apply for a Mir card and register it in the loyalty program.
- Select a tour on the travel subsidy program website from any of the program partners
- Make sure your trip meets program requirements
- Within 5 days after payment you will receive cashback in the amount of 20% of the trip cost. The maximum refund amount for one trip is 20,000 rubles. If the trip is cancelled, the cashback amount is debited automatically
If it turns out that the trip does not meet one of the conditions, the cashback must be returned.
Refund for a trip due to coronavirus?
Let's look at step-by-step instructions for a typical situation of canceling a trip and returning a trip to the tour operator, understanding that in a particular case the circumstances may be different. In this option, the initiator of termination of the contract is the client, and the tour operator agrees with the claim.
Step 1. Application for return of the tour to the tour operator
The application is a mandatory document that begins the return process. It is recommended to use the following form (the application is written in two copies):
trebovanie-o-vozmeshhenii-denezhnyh-sredstv
Please note that when contacting Tourist Help, an association of tour operators organizing trips abroad of Russia (more about it below), the same form can be used, with a heading addressed to the Director of the association.
Step 2. Submitting an application to a travel agent and tour operator
The application, as well as additional documents confirming the grounds for refusal (if necessary), can be delivered to the tour operator in person, through the travel agent carrying out the sale, or sent by mail (registered mail with notification).
In the first two cases, it is necessary to obtain a stamp from the tour operator regarding registration of the application, and when using mail, notification of delivery is sufficient.
Step 3. Waiting time for a response
The tour operator must provide a response to the appeal within 10 calendar days . Failure to respond may be grounds for further action to obtain compensation for the tour, considering this stage completed.
Step 4. Termination of previous agreements
If the operator agrees with all the requirements presented, an agreement is drawn up between him and the client to terminate the contract. The agreement is signed by both parties and is the basis for the payment of compensation, including the methods and terms for transferring funds.
Tour operators have the right to establish rules for electronic notification of refusal; in these cases, the timing and methods of compensation may vary. We will consider common examples below in more detail.
