Where to file a complaint against a tour operator
If at least one of the above grounds for a complaint has occurred, the client of the travel company has every right to begin active activities related to filing claims.
First of all, you should contact the travel agency itself. It is better to do this in person: this way there is a greater chance that the client will be listened to and action will actually be taken. In some cases, travel agency employees agree with the client’s arguments and resolve the issue in his favor even without a statement, written evidence, and so on.
If contacting the tour operator directly does not produce any results, the client has every right to contact the following authorities:
- Federal Agency for Tourism . This can be done by mail, by e-mail, through the official website of the agency, as well as in person at the department’s reception.
- Ministry of Culture of the Russian Federation . It is this body that should oversee the activities of all travel companies, as well as protect the rights of tourists. You can send a complaint in person, send it by mail, send a request on the website of the Ministry of Culture, or send data by fax. In addition, you can use a special box that is located in the lobby of the main building of the Ministry of Culture of the Russian Federation.
- Rospotrebnadzor . This department is engaged in protecting the rights of all citizens who have been provided with poor quality services in any area. You can report a violation to Rospotrebnadzor by phone, by mail, through the official website of the department, or at a personal meeting with an authorized official.
- Prosecutor's office . You should contact the prosecutor's office only if the tour operator has committed offenses falling under the provisions of the Criminal Code and/or the Code of Administrative Offences. The client must first receive a refusal from all lower authorities. In addition, to contact the prosecutor's office, you must have direct evidence of the company's illegal activities. You can submit a complaint by mail, in person or through the official website of the department.
- Court . If the client’s main goal is to get back the funds spent on the services of the tour operator, he needs to go to court directly. The complaint must be filed with the department that is territorially assigned to the author’s place of residence. This can be done by mail or by visiting the office in person.
Reasons for filing a complaint against a tour operator
How to file a claim against a tour operator for a flight delay
If the transfer is provided for in the contract, then the problems must be resolved by the tour operator. If the traveler has taken on transport obligations, then all problems, including flight rescheduling or sleepless nights at the airport, should be resolved with the airline.
Last minute tours are subject to the same rules as regular tours. Discounts made by the agency do not give it the right to avoid liability.
The main and most common request is a refund due to flight delays or cancellations.
In addition to the cost of the trip itself, you can receive:
- compensation for fines and penalties incurred during the trip due to the fault of the tour operator.
- compensation for moral and material damage;
- penalty;
When deciding to complain, you should remember that tour operators use multiple tricks and tricks to avoid liability. On the other hand, a complete refusal to protect one’s interests is a wrong decision.
If property claims are valued at up to 50 thousand rubles, you can go to the magistrate’s court, if more, then to the district court.
To file a complaint, you will need the assistance of an attorney. It is most advisable to file a claim in court, since with such a complaint you can compensate for your material and moral damage caused to you by the travel company.
If you did not take out insurance and did not sign an agreement with the tour operator, then you need to complain to the mirror (that is, looking into your eyes).
6.3. Consideration of claims, comments and complaints.
Protecting the rights of tourists and the interests of the company
Changes in the tour program can be minor (change of departure time), or they can be serious and unacceptable for the tourist (change of hotel or vacation spot). The travel agency informs the client about such changes too late or does not inform at all. Such troubles can not only ruin a vacation, but also cancel it (untimely notification of a change in time or place of departure can lead to a person being late or arriving at the wrong place).
Complaint against a tour operator
In this case, an online consultation will come to the rescue, which does not require unplanned time expenditure. Every citizen should know in what cases he can file a complaint against a travel company. Current legislation provides for several situations that are grounds for a refund:
- Providing knowingly false information about a trip;
- Inadequate quality of service provision;
- The tour operator did not fulfill the obligations specified in the contract;
- Causing harm to health, material or psychological damage.
- Failure to comply with the terms of provision of services;
A refund is not the only demand that citizens can put forward to a travel company responsible for disrupting a trip or problems associated with it.
How to write a complaint to a tour operator?
a tourist can write a complaint to the tour operator. tour operator can use a sample that can be easily downloaded for free on the Internet or on our portal. Download The claim must include the following information:
- The main part should contain a detailed, chronological description of the situation that occurred, listing the violated consumer rights with legislative references (the legal basis can be found in the articles);
- Details of the applicant and the tour operator to whom the claim is sent;
Helpful advice The text of the complaint should contain the maximum number of facts, supported by evidence (photos, videos, voice recorders, etc.) and a minimum amount of “water”.
Vacation with a complaint: who and how to complain about a bad hotel?
Here the travel agency may try to share responsibility with the hotel, carrier, visa service, etc. In any case, understand that you will make claims regarding the quality of hotel services to your tour operator, since it was he who offered you the hotel services as meeting your requirements.
Complaint against a travel company
To do this, you need to write a lawsuit demanding to protect your rights as a consumer. According to the law, a complaint can be considered within thirty days, so the sooner you file a complaint, the better for you. Today, a complaint against a travel agency can be filed with three organizations: - Rospotrebnadzor; — Ministry of Tourism; - prosecutor's office.
When filing a complaint, it is important not only to detail your claims against the company, but also to justify its illegal actions.
You also need to provide information about yourself and your contact details.
It is important to understand that these organizations can only check the legality of the company you have a complaint against.
It will not be possible to compensate for your losses with their help - this is not within their competence. To do this you need to go to court.
But this must be done in strict order, since in court you will definitely be asked whether you contacted the consumer rights protection authorities.
Tourism and law
At the same time, the general limitation period is three years (Art.
196 of the Civil Code of the Russian Federation). It should be noted that a tourist’s presentation of a claim to a travel agent (tour operator) is a mandatory pre-trial procedure for resolving a dispute. How should a claim be made?
The tourist makes a claim to the travel agency, of course, in writing. But it is compiled in any form.
As a rule, the complaint includes: information about the tourist (last name, first name, patronymic, address, contact numbers), information about the travel agency, details of the contract, a description of the terms of the contract that were violated, an indication of what exactly the violation consists of, requirements, presented by the tourist.
Where can I complain about a travel agency that does not fulfill the terms of the contract?
A legal entity is obliged to respond to any appeal from citizens and provide an appropriate response.
This proof could be a mail receipt or proof of delivery. If the court and the prosecutor's office are more drastic ways to influence the illegal activities of a travel company, then preparing a complaint against a travel agency to Rospotrebnadzor is “light artillery.”
Source: https://levconsulting.ru/prichiny-zhalobu-na-turoperatora-96761/
Drawing up a complaint
A complaint against a tour operator can be made in free form. The document must comply with the basic rules provided for formal business style. Personal insults and unfounded accusations should be avoided. The tourist should be as concise and logically consistent as possible (especially if the tour operator has committed more than one violation).
The text of the complaint itself should include the following details:
- full name of the travel company against which the complaint is being made;
- all basic information about the author of the document (full name, address, contact information);
- Title of the document;
- information about the services that, in accordance with the contract, the tour operator was supposed to provide (it is necessary to describe them in the smallest detail: on what dates, in what cities, hotels, in what transport, under what conditions and for what price);
- information about what exactly the violation (or violations) committed by the tour operator was. It would be ideal if the client indicates which specific clauses of the contract and/or legal provisions were violated;
- client requirements;
- request to restore justice in accordance with the laws of the Russian Federation;
- list of attached documents;
- date and signature.
Some authorities or travel companies may even provide the client with a ready-made form to fill out a complaint, however, if he decides to draw up the document himself, it is better to be guided by this example.
Complaint against a tour operator to Rostourism: possible ways for the population to file a complaint
For your information, the full name of Rostourism is the Federal Agency for Tourism. This is a federal executive body. This structure actively interacts with the population and legal entities, since working with appeals is one of its main activities. Disadvantaged, offended citizens of services can apply here in any available way.
Contact options | ||
Sending a written complaint to the postal address of Rostourism | Via an electronic form on the Rostourism website | Making an appointment with an official of the Federal Agency for Tourism (oral complaint) |
Rostourism does not exercise control and supervision over the improper provision of tourism services, with some exceptions determined by Presidential Decrees and government regulations. Reason: Part 2 of the Regulations on the Federal Agency for Tourism (Resolution No. 901 of December 31, 2004).
Rostourism website.
What to include with your complaint
To achieve a favorable decision, the tourist must attach to his complaint as much evidence as possible that it is truly justified.
These may include:
- originals and copies of documents that are relevant to the case (including tickets, hotel room reservation receipts, checks, and so on);
- written testimony of witnesses (very often these are other tourists who traveled on the same program);
- any photo, video and audio materials that confirm the words of the author of the complaint.
If documents are submitted electronically, when sending non-text files, you must adhere to the requirements of the resource through which the transfer is carried out.
Terms of consideration
If the client submits a complaint directly to the tour operator, it is necessary to have two copies of it with him. One will remain with the company, and the second will remain with the client. On the latter, the authorized specialist will put a stamp and signature, which will indicate that the papers have been accepted.
From the moment of submitting the documents, the travel agency has ten days to make its final verdict. If there is no response after this period or the answer is negative, the client has every right to appeal to higher authorities.