Withholding from a tourist a fine paid by a travel agent to a tour operator in the event of a tourist’s refusal to travel


Will the money be returned?

If you find yourself in such a situation, you need to carefully read the legislation:

  • Article 32 of the Law “On Protection of Consumer Rights”;
  • Article 10 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation”;
  • Article 108 of the Air Code of the Russian Federation.

Important! Based on the law, a tourist can cancel an already purchased tour at any time. There are no penalties provided for by law.

But travel agencies don’t want to lose either money or clients, and that’s right - business is business. If all tourists' requests for refusal were satisfied, companies would go bankrupt. That is why the travel agency tries to provide for such mistakes and insures itself with contracts that indicate the amount of the fine.

But in practice, tourists do not read the contract and do not demand changes, although it states fines in black and white. In Anex, fines are the actual expenses incurred by the tour operator. And before you sign up for a trip, you should carefully study the contract , taking into account all possible options.

So, Russian legislation in a dispute between a tourist and a tour operator often completely takes the side of the tourist. But the trial is a protracted matter. And tourists want to return the money immediately, upon request.

Canceling a trip is the tourist’s decision, not the agent’s.

If a tourist uses the legal right to cancel a trip, the travel agent (subagent), who informs the tour operator (travel agent) about the cancellation of the tour reservation, acts as an intermediary between the tourist and the tour operator, expressing not his own legally significant will to cancel the tour, but the will of the tourist to terminate the contract for sales of tourism products, permissible in accordance with Art. 782 Civil Code of the Russian Federation , art. 32 of Law No. 2300-1 , art. 10 of Law No. 132-FZ .
In this case, the travel agent (subagent) does not violate its obligations to the tour operator (travel agent). The use by a tourist of the right to unilaterally withdraw from a contract is not a reason for the application of property sanctions.

What are the penalties for returning a voucher?

  1. Long before the due date (10 days or more), approximately 25 USD are charged for a holiday abroad. for everyone named in the contract.
  2. For a holiday in Russia and Georgia, in case of cancellation of the trip 31 or more days in advance, the client must pay 10% of the costs. And starting from 30 to 15 days of the cancellation period, you will have to cover 25% of the company’s expenses.
  3. If you cancel the tour almost at the departure time, 2-3 days in advance, costs rise to 90% for a vacation in Turkey, Tunisia, Thailand and Vietnam.
  4. And if you cancel a tour where a visa is pre-ordered already 10 days or less in advance, you will need to cover 90% of the company’s expenses.
  5. From 7 days or less for cancellation of trips to Russia and Georgia, the tour operator’s expenses will be up to 90%.

Does having valid reasons matter?

Even if, along with the tour, you bought insurance in case of no travel, or such possible circumstances are stipulated in the contract, most likely you will be required to pay some percentage of the company’s expenses.

Reference! In this case, the availability of the necessary documents that you present to dispute the refund amount, the timing of contacting the company, and the terms of the contract you signed are taken into account.

Here it is better to contact a lawyer, he will help you understand the situation and advise on further actions.

Transfer of tours to 2021 without changing the cost

Refunding trips that did not take place this year is the most popular among tourists. In this regard, on 04/30/2020, the ANEX Tour company decided to transfer all applications with arrivals in March, April and May 2021, based on a charter flight, that were not completed due to the pandemic to similar dates in the next year, 2020 without changing the price . There are still no refunds offered for trips canceled due to the pandemic.

If you do not agree with this offer, you can still choose any other dates or destinations for your tour at current prices on the website while maintaining the rate of the original payment. You can also select available dates for the “Transfer of spring tours without additional payments” . This promotion is valid until 05/31/2020. If you choose alternative dates or destinations, you will need to send a request for rebooking to the reservation department of the Perm Travel Company - the official branded agent of the tour operator ANEX Tour in Perm.

Calculation of the penalty amount for trip cancellation

The Anex company informs clients that if they cancel the trip, the client will still have to pay the money actually spent . An approximate calculation of the company's expenses is given on the Anex website.

  • If you cancel 10 days or more in advance, you will have to pay the firm $25 for each person listed on the cancellation request.
  • You will have to pay 50% of the cost to the tour operator if there are 3-4 days left before departure.
  • And if there are 2 days left before departure, then you will owe 90% of the amount spent. If this is the time, for example, the New Year holidays or the Chinese New Year period, then you will need to pay the tour operator from 50 to 90% of the company's actual money spent.

Anex has changed the rules for transferring money: what tourists can expect

The tour operator Anex-Tour informed travel agents and tourists about the adjustment of the conditions for transferring funds for canceled and overpaid applications. “The tour operator ANEX Tour has clarified the updated conditions for the transfer of canceled tours for 2021. The deposit for the paid application will remain until December 31, 2021. Tourists can use the deposit for any dates and destinations, including for ground handling and applications with GDS flights,” - reported the company's press service.

Details about the rules for transferring funds from canceled or overpaid applications to new applications in open or closed areas are as follows:

For applications booked before 03/31/20, a transfer can be made if at least ONE adult tourist matches in the application (manual transfer is also allowed if only a child matches in the application).

Open direction

  1. Transfer of funds until 03/31/21: Carried out at the exchange rate on the day of payment from an open direction to an open or closed direction.
  2. Transfer of funds after 04/01/21: Carried out at the current rate (rate on the day the correct application was received) from an open direction to any open direction.

Closed direction

  1. The transfer is carried out at the rate on the day of payment before the opening of the direction from a closed direction to a closed direction.
  2. Transfer of funds until 03/31/21: Carried out at the exchange rate on the day of payment from a closed direction to an open direction.
  3. Transfer of funds after 04/01/21: Carried out at the current rate (rate on the day the correct application was received) from a closed direction to any open direction.

For applications booked after 03/31/20

A transfer can be made if at least ONE adult tourist matches in the application (in manual mode, a transfer is also allowed if only a child matches in the application).

  • Open direction: Transfer is carried out at the rate on the day of payment from open direction to open direction and from open direction to closed direction.
  • Closed direction: Transfer is carried out at the exchange rate on the day of payment from a closed direction to an open one, from a closed direction to a closed one.

The tour operator also recalled that currently open destinations are Turkey, Tanzania, Maldives and Egypt.

For those who value a healthy lifestyle, we recommend reading: “It has been established that 14 glasses of alcohol per week leads to a stroke.”

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Conditions

The conditions for a refund if you cancel the tour are written in the contract, which is concluded between the Anex tour tour operator and the client. The company warns that you can cancel the trip at any time if the company's expenses are paid . The payment amounts directly depend on the reasons for the refusal and the timing of contacting the company to cancel the tour application. More information about refunds for trip cancellations can be found here.

You can cancel your hotel reservation if you booked the room yourself on the hotel website. If you use the services of a tour operator, then you pay not only for the hotel, you purchase a package of services, which includes tickets, transportation to the hotel, insurance, food, accommodation, etc. In this case, the tour operator is an intermediary between you and the hotel and the airline.

The tour operator, cooperating with hotels and airlines, reserves seats and makes an advance payment. Therefore, the entire trip will be cheaper and more profitable than separately purchased tickets and room. Of course, if you refuse, the tour operator loses money.

Therefore, in case of refusal, you will be charged approximately 25 USD. The amount of expenses depends on the date of departure, destination, season, etc. In addition, according to the managers of the Anex Tour company, the rules for canceling a trip have not been tightened for quite a long time.

Cancellation of paid booking anex tour

Please note that funds cannot be returned in 100% of cases. 1) illness or death of the traveler 2) subpoena, etc.

If the tour dates include in whole or in part the period: from March 25 to April 2, from April 25 to May 15, from October 30 to November 12, from December 24 to January 15, tour operators are subject to a fine (penalty) in the amount of 100% of the cost of the tourist product, regardless from the deadlines for refusal (cancellation of an application for booking a tourist product confirmed by a travel agency). Before canceling the tour, our accountant will contact you at the phone number specified during registration to confirm the cancellation request and check the details for a refund.

Therefore, the entire trip will be cheaper and more profitable than separately purchased tickets and room. Of course, if you refuse, the tour operator loses money. Therefore, in case of refusal, you will be charged approximately 25 USD.

Attention The amount of expenses depends on the date of departure, destination, season, etc. In addition, according to the managers of the Anex Tour company, the rules for canceling a trip have not been tightened for quite a long time. How to cancel a tour Everything will depend on the terms of the contract and on what payments were made by the travel agency. You will be charged a fine in the amount of losses incurred. These may include courier costs, bank transfers, etc. 3 Having made the final decision to cancel the tour, do not delay calling the travel agency.

Cancellation of a tour at the annex - is it possible without a fine?

If this is the time, for example, the New Year holidays or the Chinese New Year period, then you will need to pay the tour operator from 50 to 90% of the company's actual money spent.

Conditions The conditions for refunding money if you cancel the tour are written in the agreement concluded between the Anex tour tour operator and the client. The company warns that you can cancel the trip at any time if the company's expenses are paid.

The payment amounts directly depend on the reasons for the refusal and the timing of contacting the company to cancel the tour application.

You can cancel your hotel reservation if you booked the room yourself on the hotel website. If you use the services of a tour operator, then you pay not only for the hotel, you purchase a package of services, which includes tickets, transportation to the hotel, insurance, food, accommodation, etc. In this case, the tour operator is an intermediary between you and the hotel and the airline.

In this regard, we would like to inform you about the following circumstances: Changes upon written request: Full name** Date of birth*** Series, number and validity of passport Replacement of tourist* Change of tour conditions and/or services Less than 24 hours before the start of the tour 30 USD 30 USD 30 USD

30 USD 20 USD Therefore, contracts from the same travel agent may have different amounts of penalties in the case when tours are issued through different tour operators. Some generalized idea of ​​​​the qualitative picture of the scale of penalties is shown in the graph.

Typically, penalties start 30 days before the departure date at a level of 10%-25% of the tour cost. If the cancellation of the trip occurs earlier, then there is either no fine or a certain fixed amount, usually no more than 10-20 dollars or euros.

In the period 20-11 days before departure, the fine rises to 50%-75%.

Rules

Tour operator notification

Having received a notice from the tourist about the cancellation of the tour, the tour operator, based on the agreement, has the right to withhold the actual expenses incurred by him during the implementation of the agreement.

Application Form

Ask your tour operator for your reservation on the Anex Tour website. Your fine should be posted there.

By the way, on the site you can view your entire financial history. If the company imposes a fine on you, then the tour operator does not owe you anything. In this case, you can only get money through the court.

You need to act competently and consistently:

  1. Fill out your claim or refusal correctly, describe in detail all your reasons, concerns, and arguments why you are refusing to travel.
  2. Just in case, make a copy of the refusal.
  3. You provide the original to the tour operator.
  4. It is important to obtain all the details of the accepted claim - signature, number, etc. If the tour operator lives in another city, send the claim by registered mail with notification. Then you will know exactly whether your claim came to the company, when, at what time. Save the postal receipts; they may be useful in court.
  5. The company will notify you of its decision by email or home address. It is recommended to duplicate the letter and send it by email to the service operator.

Providing other documents

When the reason (illness, trial, earthquake, war, visa refusal) can be confirmed by a document, the refusal will be classified as forced. In this case, you can get your money back. But you will most likely still have to pay the actual costs of the company.

Application processing and refund

The Anex Tour company warns on its official website that for any changes the client must pay the company's minimum expenses , approximately 50 USD. for every tourist.

  1. If you cancel your application, that is, refuse the tour or make any changes to the contract 24 hours before departure, you will be required to pay a “penalty” in the amount of 30 USD.
  2. And if you refuse to travel to a country where a visa is required and documents have already been submitted for it, then a refund is practically impossible, changes to the information in the application are not accepted.
  3. There is no need to pay extra for changing your passport details in the application 24 hours before the flight departure.
    Important! You cannot completely change the surname in the contract. There is only one way out - to re-book a new application. If mistakes were made in the names, surnames of tourists, dates of birth, then no later than 7 days before departure, it is necessary to make changes to the application.

    This service costs 20 USD. for every change.

  4. If you are counting on a refund, then here, first of all, the reason for the refusal is taken into account:
      Involuntary refusal involves payments, provided that this was agreed in your application, and the costs spent are deducted from the refund amount.
  5. And if you refuse voluntarily, without proof that you are unable to travel, you obviously will not receive the compensation you were expecting. Your contract did not provide for cancellation on your initiative.

We have also prepared useful information for you on whether it is possible to cancel a trip to a children's camp, and how to receive compensation for canceling a trip to a children's camp. On our website you can read about the rules for returning tours to various travel agencies, including Pegasus, Intourist and others, as well as what penalties await you when returning a tour to the Biblio Globus agency.

Is it possible to rebook an annex tour for today?

If you are not satisfied with the amount that can be returned to you, 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. 5 However, there is one way out. Find people who will want to buy your tour. Offer it to your relatives, friends, acquaintances, colleagues.

  • Requests for air ticket numbers for Turkish Airlines flights must be sent one day before departure to the mail of the document issuance department - before this date, it is impossible to issue air tickets.
  • Note! Original tickets for Vietnam Airlines will be issued 4 days before departure; therefore, we ask you to carefully enter the passport details of your tourists.

It is recommended to duplicate the letter and send it by email to the service operator.

  • cancellation notices
  • cancellation notices
  • claims against travel agency
  • claims against travel agency

Providing other documents

When the reason (illness, trial, earthquake, war, visa refusal) can be confirmed by a document, the refusal will be classified as forced. In this case, you can get your money back. But you will most likely still have to pay the actual costs of the company.

Application processing and refund

The Anex Tour company warns on its official website that for any changes the client must pay the company's minimum expenses , approximately 50 USD.

Important

If the company imposes a fine on you, then the tour operator does not owe you anything. In this case, you can only get money through the court.

You need to act competently and consistently:

  1. Fill out your claim or refusal correctly, describe in detail all your reasons, concerns, and arguments why you are refusing to travel.
  2. Just in case, make a copy of the refusal.
  3. You provide the original to the tour operator.
  4. It is important to obtain all the details of the accepted claim - signature, number, etc. If the tour operator lives in another city, send the claim by registered mail with notification.

Then you will know exactly whether your claim came to the company, when, at what time. Save the postal receipts; they may be useful in court.

  • The company will notify you of its decision by email or home address.
  • Send the original request in free form, signed by the buyer, to the legal department of the tour operator at the address: Moscow, Leningradsky Prospekt, building 80, building 66, floor 9

    Be sure to indicate the application number and list of required documents

    Select and indicate in the request the method of obtaining documents:

  • Receipt at the head office of the tour operator at the address: Moscow, Leningradsky Prospekt, building 80, building 66, floor 9. Documents are handed over to the reception
  • Receipt by Russian Post without tracking number. Documents are sent by the tour operator by regular mail from Russian Post
  • Courier delivery. The client independently orders a courier to receive documents.

Is it possible to rebook an annex tour for today in banks

  • And if you refuse to travel to a country where a visa is required and documents have already been submitted for it, then a refund is practically impossible, changes to the information in the application are not accepted.
  • There is no need to pay extra for changing your passport details in the application 24 hours before the flight departure.

This service costs 20 USD. for every change.

  • If you are counting on a refund, then here, first of all, the reason for the refusal is taken into account:
  • Involuntary refusal involves payments, provided that this was agreed in your application, and the costs spent are deducted from the refund amount.
  • And if you refuse voluntarily, without proof that you are unable to travel, you obviously will not receive the compensation you were expecting.

Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation”, the tour operator is obliged to ensure the provision to the tourist of all services included in the tourism product, regardless of who should have provided or provided these services and is responsible for their failure to provide or improper provision.

As part of the execution of an agreement on the sale of a tourist product, an integral part of which is charter air transportation, it is the tour operator that is recognized as the proper executor of the agreement for such transportation (clause 50 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28.

2012 No. 17 “On the consideration by courts of civil cases in disputes regarding the protection of consumer rights”),” explained the Federal Tourism Agency.

However, as lawyers note, Rostourism formally does not have the right to introduce such bans.

But you need to understand that in this case all responsibility will lie with him,” he added.

In turn, the press service of the tour operator Anex Tour stated that due to the limitation of the validity period of the Azur Air operator certificate, from March 19, the company launched an operational process of replacing the flights of this air carrier with alternative ones as part of the tour packages being sold. “Since this process takes time, the preliminary display of an airline as part of a tourism product for long-distance flight dates may have the status of “charter flight”, without specifying the name of a specific airline. However, in accordance with Art.

Reply | Report to moderator vetalka78 [12.10.16 20:24:51] Jun Well, they won’t give you such documents because no one has paid for ng yet))) And what does the amount of the penalty have to do with it, if no one has paid anything yet? Reply | Report to moderator Cancellation of a tour with Anex - is it possible without a fine?

next Add an answer Enable JavaScript Send to LF: Look: Cancellation of an Anex tour - is it possible without a fine? https://ftour.otzyv.ru/read.php?id=251625 Shares of tour operators Pac GroupItaly “NaLetay”.

Tour operators have suspended payments for canceled tours

Tour operator ANEX Tour informed its partners about the temporary suspension of payments for canceled tours. Deputy General Director of the tour operator Yana Muromova told Profi.Travel about this on March 19.

According to her, the company made this decision in connection with a change in the company’s internal policy, which is aimed at “preventing the tourism market from collapsing”:

“There are no FPR anymore. We temporarily do not refund money, but it remains available to the tourist and can be used in full towards future trips. But people can be sure that this money will not be lost, and no fines or FPR will be applied to them. This is due, among other things, to the fact that hotels and host companies have returned money for canceled tours. In addition, all available money is now used to evacuate people, pay people’s salaries and save jobs,” Muromova noted, adding that not a single tour operator is currently returning money to tourists.

PAC GROUP also announced the postponement of fulfillment of obligations to another period by issuing deposit vouchers with a rate fixed on the day of payment, which will allow tourists to receive a benefit of at least 20% of the tour cost. It can be used for any future tour throughout the current 2021 and until the end of 2021, replacement of tourists is allowed. Refunds for tickets on regular flights will be made in accordance with the airline's rules.

The company notes that in this decision they reflect the position of the Federal Tourism Agency, which officially recommended that tourists in the current situation consider changing the travel direction to an alternative one, rescheduling the trip or finding another solution to the situation.

“The threat to the safety of tourists arose solely due to a force majeure situation (pandemic), for which the Tour Operator cannot be held responsible. In the current situation, we consider the only correct and reasonable decision to maintain obligations to tourists and provide services after the situation in the world normalizes. We confirm the fulfillment of obligations to provide services after the end of force majeure, since force majeure events are temporary and do not relieve the parties from fulfilling their obligations, but provide a deferment for their fulfillment,” the tour operator said in a statement.

The general director of the tour operator Pegas Touristik, Anna Podgornaya , said that they return money under special conditions. “Cancellations in destinations where there was no ban on the sale of tours occur with the FPR. Payments are made within 30 days from the expected end date of the tour. That is, if the tour ends on August 17, the money will be returned to tourists on September 16,” Podgornaya noted, adding that their company, like other players, has a deposit system, according to which money for a failed tour can be used against future applications.

“This is the only way for tourists to ever get funds. If now the tour operator returns money to all tourists, it will go bankrupt and then no one will receive anything. The situation is non-standard, so we must use common sense here. Following the letter of the law can lead to complete degradation of the industry, and when it’s all over, you’ll have to start from minus one,” Alexander Osaulenko, president of the Tourist Pomosch Association, commented on the players’ decision.

“This is a rare case when I 100% agree with tour operators! But I have an important addition: it is necessary to fix the cost of tours on deposits in foreign currency. So that it doesn’t happen that in August, when a tourist gets ready to go on a trip, it turns out that he doesn’t have enough for half the trip,” says Alexan Mkrtchyan, head of the “Pink Elephant” travel agency network.

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