How to write a claim to a tour operator for a refund?

Clients of travel agencies are most at risk of poor quality services, and as a result, they often face the need to file a claim against the tour operator. This is explained by the fact that travel companies are not direct providers, but represent intermediaries between tourists and service organizations (hotels, carriers, sanatoriums, health centers, etc.). Files in .DOC:Claim form for a tour operatorSample claim for a tour operator

When does it become necessary to write a complaint to a tour operator?

The Law of the Russian Federation “On Tourism Activities” provides for mandatory pre-trial consideration of a dispute with a tour operator. That is, if the rights and interests of the travel agency’s client were infringed, then without a preliminary claim it will be impossible for the tour operator to go to court.

The grounds for filing a claim with the tour operator may be violations of any of the clauses of the contract that caused significant damage to the tourist’s vacation.

The significance of the damage is understood as the totality of the inconvenience, material costs or moral suffering caused. Damage is calculated individually.

If we imagine the conflict situation very simply, then we can say that the color of the towels that the client receives in the hotel room will not be considered damage, even if the client does not like the color. But if we assume that the client stipulated in the contract that there should be no red color in the room at all, since this color causes an exacerbation of his mental illness, then damage may exist if this is confirmed not only by the clause in the contract, but also by the doctor’s conclusion - psychiatrist.

If the contract specifies the check-in time at the hotel at 2 p.m., but in fact it happened at 3 p.m., then the damage will be minimal, or even not at all, if the client had the opportunity to wait out this time in a comfortable lobby with air conditioning and a supply of refreshments. drinks. But if the client felt unwell, turned to medical staff for help, and was forced to buy medicine, then the damage can be considered significant.

Thus, only the following set of events and phenomena can serve as the basis for filing a claim with a tour operator (travel firm or company):

1. the presence in the contract of a clause that was violated;
2. the materiality of the violation of this paragraph.

Comments: 10

Your comment (question) If you have questions about this article, you can tell us. Our team consists of only experienced experts and specialists with specialized education. We will try to help you in this topic:

Author of the article Irina Rusanova

Consultant, author Popovich Anna

Financial author Olga Pikhotskaya

1. Tatiana
   04/15/2021 at 04:57 Good afternoon, last year we also agreed to change the dates. As a result, this year we were told that we needed to pay extra, since the child was older, we paid extra for the booking and again we would not fly anywhere. How can you act? The tour operator just kept our money for a year and even this year a week ago they took an additional payment, as a result we are without money, they do not return the money. If we fly to Turkey in September, we were warned that the price would become even more expensive. Is there really no law to protect our rights? How to return the deposit? What can be done? Is it legal to increase the price of a trip?
   Reply ↓ Anna Popovich
   04/15/2021 at 19:46

   Dear Tatyana, tours booked before 05/31/2021 can be rebooked to any open destination with a departure until 12/31/2021 at the current price at the current exchange rate on the date of receipt of the request for repayment of funds. To get a refund, send a written request for a refund to the tour operator. If you do not receive a response within 10 days, you can contact Rospotrebnadzor. In addition, you can go to court and insist on significant changes in circumstances and the impossibility of making a trip due to circumstances beyond your control under Art. 10 No. 132-FZ. But keep in mind that you will be required to reimburse the tour operator for the actual expenses incurred.

   Reply ↓

Sergey
04/14/2021 at 01:39

Based on what regulatory act from 04/15/21. Are charter flights to the Republic of Turkey suspended?

Reply ↓

Anna Popovich
04/14/2021 at 14:28

Dear Sergey, the decision was made by the government of the Russian Federation and announced by Deputy Prime Minister of the Russian Federation Tatyana Golikova at a briefing on April 12, 2021 as part of a unified state policy to prevent the importation and spread of a new coronavirus infection in the Russian Federation. If you are interested in additional information on the issue, please contact the support of the Operational Headquarters by calling 8-800-2000-112.

Reply ↓

Zhanna
02/10/2021 at 14:44

Hello. If the tour operator has closed the office. Where to go in this case?

Reply ↓

Anna Popovich
02/10/2021 at 15:15

Dear Zhanna, if you made a claim, sent it to the tour operator, but never received the money spent, you have the right to go to court to protect your violated rights.

Read also:  Settlement agreement in civil proceedings

Reply ↓
Ruslan
04/13/2021 at 19:37

Hello! Last year we agreed to postpone the trip to the current year while maintaining the holiday dates. This year Türkiye is closed again on these dates. Is there a chance to get the money back for this trip, since I no longer have the strength to wait for a new transfer.

Reply ↓
Anna Popovich
04/13/2021 at 21:06

Dear Ruslan, the full cost of the tour to Turkey will not be returned upon cancellation, said Dmitry Gorin, vice-president of the Association of Tour Operators of Russia. To save the deposited funds, we recommend either rescheduling your trip or finding an alternative destination.

Reply ↓

Oleg
12/21/2020 at 1:57 pm

Hello. The travel agency refuses to return the money for a trip to Turkey, citing some resolution of the State Duma, which states that they must return the money before December 31, 2021, i.e. the State Duma gives grounds not to return the money at the moment, but to drag it out until the end next year!! Is it so?? Is this legal?

Reply ↓

Anna Popovich
12/21/2020 at 17:41

Dear Oleg, the tour operator is based on Resolution No. 1073 of July 20, 2021. It refers to citizens who, no later than March 31, 2021, partially or fully paid for Russian or foreign trips. You are required to provide an equivalent tour; the timing of the trip is determined by agreement of the parties. Both the service and the refund, if it is not provided, must be completed no later than December 31, 2021. For disabled people, the unemployed, citizens over 65 years of age, as well as for those who have been on sick leave for more than two months, special conditions apply. They are required to return the money within 90 days from the date of filing the application.

Reply ↓

What can be demanded from the operator for violating the terms of the contract?

The requirements depend entirely on the stage at which the contract was violated.

For example, if violations appeared at the stage of paperwork or in the process of organizing a departure, then it makes sense to demand termination of the contract, return of money and compensation for material and moral damage caused.

If the clauses of the contract were violated during the vacation, but the vacation nevertheless took place, albeit in worse conditions than provided for by the contract, there is no point in demanding termination of the contract. The claim may involve cancellation of the contract, return of money and compensation for all damages caused (including moral ones).

The difference is explained by the urgent nature of the contract, that is, the presence of a time frame in it. As a rule, the contract ends when the last service is provided, for example transporting the client home. From the moment you disembark from the transport on your native land, the contract is considered fulfilled.

Is there any point in filing a complaint?

When writing a claim, you should be guided by the consideration that a claim is an act that precedes a lawsuit. In accordance with this, the claim must contain the same requirements that will be set out in the statement of claim. This does not mean that further recourse to court will be inevitable. Everything depends only on the personal desire of the author of the claim.

It is worth clarifying that travel agencies are seasoned in the fight against claims and most often refuse to satisfy claims under various pretexts or satisfy claims in a very truncated scope. Despite this, according to statistics, only 30% of citizens who file a claim go to court.

Therefore, before you begin to outline the rules for filing a claim with a tour operator, it is worth clarifying the following. It makes sense to write a complaint only if you intend to fully defend your violated rights. Otherwise, filing a claim will be a waste of time or just a way to let off some steam and annoy the travel agency a little.

What is the procedure for requesting a refund?

To return funds from the tour operator’s fund, the tourist must send a corresponding request to the tour operator.
The request form is posted on the website of the Tourist Assistance Association. Information about the deadlines and procedure for filing a claim is posted on the tour operator’s website. You must also provide the following documents8:

• copies of passports or other identification documents of tourists in accordance with the legislation of the Russian Federation;
• a copy of the agreement on the sale of a tourism product on paper or on an electronic medium if the agreement is concluded in the form of an electronic document;
• documents confirming the fact of payment for the services of the tour operator in accordance with the contract for the sale of tourist services, or duly certified copies of such documents.

Deadlines for filing a claim with the tour operator

The timing, again, depends on at what stage of the execution of the contract violations of its terms are detected. If this is the stage of paperwork or the departure stage, then you should write a claim almost immediately after identifying violations. For example, if there was a flight delay, the bus that was supposed to take you to your vacation spot did not arrive, the seats were occupied, etc., then you can demand termination of the contract immediately.

It should be clarified that in case of problems with transport, the tour operator will most likely offer you a solution to the problem on the spot. This may be a transfer to another transport, changing seats, etc. You can agree with the proposed options or demand termination of the contract.

A 20-day period for filing a claim is provided if the contract has been fulfilled. That is, within 20 days from the date of return from vacation, the claim must be sent to the tour operator.

Missing the deadline for filing a claim is not a reason for the tour operator not to respond to the claim. Moreover, missing a deadline will not be considered grounds for refusal to accept a claim by the court, since the general civil statute of limitations for contracts is 3 years.

Preparing a pre-trial claim to the tour operator for a refund

A pre-trial claim to the contractor who provides the services is a mandatory step before going to court. The tourist has the right to write a complaint about poor quality services within 20 days after discovering this fact.

Contents of the claim

A claim to the tour operator for a refund must be made in writing.

It contains the following information:

• name of the tour operator;
• information about the applicant;
• details of the contract for the provision of tourist services;
• Payment Information;
• essence of the claim;
• applicant's requirements;
• list of applications;
• date and personal signature.

In the claim you need to write the details of the bank account where the travel agency will have to transfer the funds.

The following reasons may serve as grounds for filing a complaint:

• incomplete information about the service provided;
• failure to fulfill certain clauses of the contract;
• failure by the tour operator to comply with the terms of service provision;
• physical or moral harm caused to the consumer;
• low quality of service provided.

How to write a complaint to a tour operator

There is not a single legislative act that would regulate the rules for drawing up and the form of a claim. According to the generally accepted rule, it has the structure of a regular application, that is, it begins with the “header” known to everyone, that is, the names of those to whom the claim is being sent and from whom, as well as their addresses and other contact information. The “header” is located in the upper left corner of the sheet.

Immediately under the header, located in the center of the sheet, the name of the document is written in large letters - “PRE T E N Z I”. Under the name, trying to maintain an approximate center, we write an extremely concise description of what issues the claim concerns. For example:

P R E T E N Z IA About termination of the contract and return of money

Next comes the text, called the descriptive part. It includes the entire background of the conclusion of the contract, indication of the details of the contract and the amount paid under it. The descriptive part also includes:

• listing the clauses of the contract that were violated;
• a list of events due to which the terms of the contract were violated;
• a list of negative consequences for the author of the claim;
• justification for moral damage (spoiled vacation, wasted nerves);
• information about material damage caused. It may include any additional costs incurred due to violation of the terms of the contract, etc.

At the end of the presentation of all events, the operative part begins with the word “T R E B U Y”. It includes a list of what you want to receive from the tour operator, indicating the exact amounts. Also in the operative part you should indicate the method in which you want to receive the money and the bank details to which it should be transferred.

The operative part ends with the words “The claim was filed in accordance with the procedure for pre-trial consideration of the dispute.”

Below, in the right corner, in a column, the heading “Appendix” is compiled. Documents that are attached to substantiate the claim are included in this section under serial numbers:

• a receipt or check for payment for services under the contract;
• copy of the agreement;
• any consumable documents indicating your material damage;
• any photographs relevant to the case;
• medical certificates indicating that a bad holiday has undermined your health, etc.

The claim ends with a date and signature.

How to submit a written complaint to a tour operator

Now let's say a few words about how to deliver a written claim. First of all, we note that refusing to file a claim in favor of immediately going to court is a big mistake. The judge may refuse to consider your claim on the basis of Part 1, Clause 1, Art. 135 of the Civil Procedure Code of the Russian Federation, since Part 8 of Art. 10 of the Law “On the Fundamentals of Tourism Activities in the Russian Federation” No. 132-FZ of November 24, 1996 establishes a mandatory pre-trial review procedure in the case of tourism products.

You can submit a claim in several ways:

• firstly, via email. The method is the least preferable, since it is impossible to prove the fact of its receipt by the tour operator;
• secondly, by registered letter with acknowledgment of receipt. Obviously the most optimal way;
• and, thirdly, personally or through a representative who has a notarized power of attorney. In this case, you need to be prepared for the tricks of the travel agency employees. They may claim that they do not have the authority to accept such documents, refuse to sign the second copy, claim that the document is still being considered, has been lost, has not been submitted at all, etc. If you encounter anything similar, please remind the tour operator that this may result in additional penalties as provided by applicable law.

If your claim is rejected (and this happens most often), then feel free to file a lawsuit. It is better to use the services of experienced lawyers. The law allows for filing claims for the protection of consumer rights not only at the location of the defendant, but also at the place of registration of the plaintiff (Clause 7, Article 29 of the Civil Procedure Code of the Russian Federation). Therefore, first study such cases on the website of the court to which the tour operator belongs.

Attention! If the majority of decisions in this court are made in favor of the travel agency, then file a claim at your place of registration.

A little about moral hazard

The monetary value of moral damage is established by the applicant himself. In principle, you can indicate $5,000,000 and it will not be an error. But such a requirement will not be satisfied either by the tour operator or the court. Therefore, it is advisable to soberly assess the moral damage caused to you, adding a few thousand on top so that the court has a margin for reduction. It would be correct if the moral damage approximately corresponds to the cost of the vacation itself, plus 2-3 thousand rubles on top.

How to properly submit a claim

There are 3 ways to serve a claim.

1. Personally or through a representative;
2. by post;
3. by electronic message.

The least preferable from the list would be e-mail, since it is impossible to confirm the fact of receipt of the claim, and the court will require proof of delivery, as compliance with the conditions of pre-trial consideration of the dispute.

Therefore, it is better to choose the method of personal delivery or sending a claim by mail.

If you choose the first method, then first stock up on two copies of the claim. You will give one to an authorized person at the tour operator’s office, and on the second, ask him to sign for receipt and affix the organization’s stamp indicating the date.

If you choose the postal method, be sure to send your claim by registered mail with acknowledgment of receipt.

How to file a complaint with Rostourism

At the next stage of protecting rights, it is possible to contact the authorized body of the federal executive power, which in this case is Rostourism.

The following methods of contact are provided:

• sending a letter with acknowledgment of delivery to the postal address - in order to take care of obtaining evidence in advance;
• attending a reception with the head or deputy head of Rostourism in person, having made an appointment by phone in advance;
• sending a letter to an email address with evidence of the position;
• via the feedback form

When to expect an answer

If the claim was served according to all the rules, then a response will definitely arrive. Typically, the response time is 10 days from the date the tour operator receives the complaint. As mentioned above, travel agencies are seasoned in dealing with claims and therefore will not tolerate any actions that could be construed against them. Therefore, the answer will arrive on time.

Another thing is that your claims are unlikely to be satisfied in full. Most likely, the tour operator will offer some kind of settlement agreement under which they will reimburse you for part of your costs. For example, the cost of a taxi ride, or part of the cost of a room that you were forced to rent for money.

Think carefully about what the travel agency will offer you. Usually there are very competent lawyers working there who can refute your arguments or prove in court that you yourself are guilty of everything that happened. Therefore, if the dispute is not very important for you, and the amount of damage is small, it makes sense to agree with the tour operator’s proposals. If you are serious, then the only way to protect your rights is to go to court.