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Joint family vacations are usually planned in advance. It is extremely unpleasant when a planned vacation is disrupted unexpectedly and for reasons beyond people’s control. For example, a child got sick, a visa was not given, urgent work appeared, and much more. It’s even more offensive to lose the money you’ve already paid for travel packages. After all, a trip is often disrupted through no fault of the person, and the amount is almost always significant.
There is an opportunity to get your money back. Of course, there are certain nuances that need to be taken into account when applying for a refund. There are also some fines for the costs of operating travel agencies.
Refund for the trip
You can get your money back for a trip that didn’t take place. But the refund amount will not always be 100%. Sometimes it is no more than 5%. This depends on the reason for refusal, the availability of evidence and the selected tour operator.
The first thing you should do is read the contract that you signed when purchasing your vacation package and contact the tour operator.
If the reasons for returning the tour are compelling, the agency may make concessions. But operators are reluctant to do this. Or they return much less than expected. In this case, you can appeal the amount of payment in court and get everything you are entitled to.
Can I get a refund for an unused trip to a sanatorium?
The Federal Law on State Social Support establishes a list of citizens who are entitled to free (in whole or in part) sanatorium and resort procedures.
If a person refuses to receive a voucher, he has the right to monetary compensation. According to paragraph 1 of Art. 6.5 of Federal Law No. 178 it is 543 rubles. Travel expenses to the institution are also subject to reimbursement.
If a citizen does not see the need for a free health program, he can contact the territorial office of the Pension Fund of the Russian Federation at his place of residence with an application for compensation. The request indicates the account number to which you want to transfer funds.
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Return of travel packages and consumer rights
A special feature of an agreement with a travel company is your right to unilaterally refuse to fulfill the agreement. This is guaranteed by Article 782 of the Civil Code of the Russian Federation. But it stipulates that in case of refusal, you reimburse the operator for the actual expenses incurred.
There are exceptions to this rule. Article 14 of the law on the fundamentals of tourism activities states,
that a citizen of the Russian Federation has every right to refuse a tour to a country where there is a threat to the safety of health and life, as well as personal property (natural disasters, military actions, etc.).
Recommendations from the Federal Tourism Agency and the Ministry of Foreign Affairs that the country you are planning to fly to is unsafe are considered proof. If canceled before the start of the trip, the tour operator will reimburse the entire cost of the trip, and if canceled already during the tour, a proportional part. This is clearly described by the situation when Rostourism in 2020 recommended that tourists cancel trips to Turkey and Egypt due to the insecurity of the region.
If the tour operator refuses to refund the money for the tour or offers too small a refund, the case will have to be resolved through court.
When do you get your money back for your trip?
First, you need to consult with a legal organization about this issue and write a competent application. Because as soon as a client comes to a travel agency with this question, they will immediately find a lot of reasons not to return the money. All the points on which a tourist can refuse a trip are listed in the law that controls the conduct of the tourism business.
Such grounds include:
- Transport costs have increased.
- Conditions for visiting the holiday destination have worsened;
- The date of the trip was postponed without notifying the client;
- Emergency situations that the traveler cannot foresee: failure to issue a visa, illness, family circumstances, etc.
- All these reasons are documented.
Laws governing the cancellation process
The procedure for canceling a tour and refunding money in this case is regulated by the following regulations:
- Article 782 of the Civil Code of the Russian Federation
- Article 32 of the Law “On Protection of Consumer Rights”
- Article 10 of Federal Law No. 132-FZ “On the fundamentals of tourism activities in the Russian Federation”
According to their provisions, you can return the money for a tourist voucher by canceling it at any time. Legal grounds for such actions may include:
- Conditions in the resort area where you wanted to go have deteriorated. Popular unrest, natural disasters, wars, changes in tourism policies are events related to this factor
- Price changes were noted in the passenger transportation market
- The tour operator decided to reschedule your trip without your consent
- Events have occurred that are beyond your control. These include illness, hospital stay, and inability to obtain a visa.
If the Ministry of Foreign Affairs of the Russian Federation or Rostourism has received a statement about the dangers of visiting a particular country, the law also provides for a refund of money for a tour package in case of refusal.
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 .
