As you know, a tour operator provides all kinds of complexes of tourist services, develops tours, packages them, determines their cost, assists in their implementation, etc. In the Russian Federation there is a special Unified Federal Register of Tour Operators, which is administered by Rostourism.
The workdays of tour operators are often accompanied by disagreements with consumers of services. Customer dissatisfaction most often concerns the terms of the contract, the quality of service and is associated with the return of money. In some cases, the claims are truly justified, and in others they seem overly picky or even ridiculous.
Be that as it may, a dissatisfied client has the right to present his claims directly to the tour operator. This can be done either orally or in writing. Claims should be directed to the management of the company, whose contacts are usually included in the contract for the provision of tourism services. In addition, the necessary details of the tour operator can usually be found on its website.
In relation to a specific situation, the client can simply come to an appointment with the manager and verbally resolve the controversial issue or leave him a written complaint. It is compiled arbitrarily, according to a standard scheme.
| Conditional structure of a complaint | ||
| Appeal header | Name | Main part |
| Includes: Full name of the manager, name and address of the company; personal data of the consumer (full name, home address, contact phone number) | Options for standard header names: "Complaint" or "Claim" | Consists of a brief description of the controversial situation, presentation of claims, and presentation of demands. You need to substantiate your arguments and complaints by making appropriate references to legal acts and supporting documents |
At the end, the consumer must sign the complaint and indicate the date of its preparation. When submitting it, you need to make sure that the complaint is registered and the necessary notes about acceptance are made.
If the issue is not resolved after this, or the client is unreasonably refused, then he has the right, as they say, to go further and complain to higher authorities. These are Rosturizm and Rospotrebnadzor. In extreme, virtually hopeless situations, the dispute can be resolved in court.
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.
Reasons
The main reasons for filing a claim are:
- poor quality services provided;
- violation of deadlines;
- changing the terms of the contract unilaterally;
- failure by the tour operator to fulfill its duties;
- causing harm to the health and property of a tourist through the fault of the agency.
Reference!
Before contacting higher authorities, you should send your complaint to the head of the company. A complaint to other departments is filed in the absence of measures to eliminate violations on the part of the tour operator. Where to send a complaint? The first question that arises for deceived tourists is where to go to resolve the conflict with the tour operator.
There are several departments that will help protect rights:
- Federal Agency for Tourism;
- Rospotrebnadzor;
- Ministry of Culture of the Russian Federation;
- prosecutor's office;
- court.
The complaint must indicate the violations and the requirements for their elimination.
Sample complaint
An application (sample) for poor quality services is written in any form.
It must contain the following information:
- details of the department to which it will be sent;
- information about the applicant (including postal address and e-mail);
- information about the tour operator that violated the terms of the contract;
- information about the concluded agreement;
- requirements.
A copy of the agreement and documents confirming violations are attached to the application. The claim is certified by a personal signature and dated.
Download a sample complaint against a tour operator for poor quality services provided
Complaint to Rostourism
A complaint to Rostourism is sent in the following ways:
- by registered mail with notification;
- handed over at a personal reception with the head or his deputy;
- by email;
- through an online form on the department’s website.
The head of the department receives citizens on Wednesdays. If the circumstances of the claim are obvious, the response is given orally. In cases where proceedings are required, the applicant will be notified of the decision in writing.
To submit a complaint electronically, you need to go to the “Public Reception” section on the Rostourism website.
Next you will need to fill out a form indicating:
- FULL NAME.;
- telephone;
- e-mail;
- type of appeal;
- essence of the complaint.
You can attach documents in electronic form to the complaint, no more than 5. Each of them should not exceed 5 MB. In the form you must indicate a convenient way to receive a response (by post or e-mail).
Example 1: Recommended template for a written complaint
This type of appeal is written in free form. The structure of the document should include:
- The name of the government agency (in this case, the Federal Tourism Agency).
- Full name of the citizen-applicant, his house. address (for example, Bolshov Petr Petrovich, Lesnaya st., 1, apt. 2, Moscow, 333333, tel. 123-46-78, e-mail).
- The main text part, which sets out the essence of the complaint.
- Dating and signature of the compiler.
The proposed form looks like this:
Example 2. Postal address when sending a complaint to Rostourism
A written appeal is sent to the postal address of Rostourism. A regular envelope is used for this. When filling out the fields of the envelope, the applicant must indicate the following information, verbatim:
- from whom: Bolshova P. P.
- from: Moscow, st. Lesnaya, 1, apt. 2 (in. 333333).
- to: Federal Agency for Tourism.
- where: Moscow, st. Myasnitskaya, 47 (inn. 101000).
All types of written requests to Rostourism are sent in a similar way.
How to send an electronic complaint to Rostourism
You can send an application, complaint, proposal, request, information to the Federal Tourism Agency on issues within its competence in the “Public Reception” section. For this purpose, a corresponding application form is provided, which simply needs to be filled out correctly.
The filling process is not difficult at all. You just need to take into account that some fields must be filled in in any case, and some are provided specifically for responses in electronic form or on paper. So, the applicant must:
- Write down your first name, last name and patronymic (if any).
- Write your residential address to receive a response on paper (at least this is a region, city, street, house) or e - mail to receive a response electronically.
- Select the type of appeal and indicate its subject.
- Compose a message (in other words, complain, request information, offer something, etc.).
- Attach files of permitted formats (if necessary).
- Agree to the processing of your data and send a completed message to Rostourism.
A response to an electronic complaint is provided, as to a regular written complaint, within 30 days. In exceptional situations, the period is extended and the applicant is notified about this.
Who will be responsible for poor quality tourism services?
As a general rule, even when purchasing a tour through a travel agency, the tour operator is still responsible for its quality. The travel agency in this case is an intermediary and is responsible only for the money that is its remuneration for the sale of a tour package (usually from 10 to 30% of its cost). And it doesn’t matter what you paid to the travel agency, it transfers most of this money to the tour operator, who forms the tourism product itself. These conditions are usually specified in the contract.
One of the few reasons when a claim should be lodged with a travel agency is their late payment for your tour to the tour operator. Such a maneuver by a travel agency may well cost you an increase in the price of your trip or a deterioration in its quality. In order to establish this, you need to request information about the timing of payment for your tour to the tour operator and the timing (you can also ask the tour operator itself) when you paid the travel agency.
Personal reception of citizens at Rostourism: how to get there and how to contact an official
You can also complain at a reception with officials of the Federal Agency. Reception is carried out according to the schedule published on the agency’s website. In order to attend, you must register in advance. Registration is carried out on Wednesdays from 10.00 to 17.00 by phone (see current information on the website).
Important! You must come to your appointment with your passport.
In essence, a personal reception involves an oral appeal to an official. As usual, 20 minutes are allotted for a conversation with one person. During this time, he can express his complaints, requests, demands, and ask questions. The response to an oral or written request may be different.
| Answer options | ||
| The answer is given immediately orally | Refusal | Clarifications on the merits |
| If the citizen’s appeal does not require additional actions (checks, requests, etc.) on the part of the official. | If the citizen has previously been sent (given) a substantive answer | If resolving issues contained in an oral appeal is not within the competence of Rostourism, then the citizen is simply given an explanation of how and where he needs to contact |
The following treatment option is also allowed. A citizen can come to an appointment with an official, ask questions, and after the conversation leave a written appeal for consideration. The answer to this will be presented in a general manner.
What Rospotrebnadzor says about tourism services
Unlike Rostourism, this structure carries out inspections, control and supervision and other activities. Comprehensive information on all issues regarding tourism services can be obtained on the Rospotrebnadzor website. Here you can find out, for example, how to get emergency assistance, compensate for losses, correctly terminate a contract, and get your money back for an air ticket.
On the website you can also find samples of the following claims: for termination of the contract and return of the money paid, for violation of the client’s rights in terms of quality and safety of services (in case of harm to health), for a reasonable reduction in the cost of travel services, etc.
Rospotrebnadzor draws attention to the fact that the quality of tourism services is determined by Art. 4 of Law No. 2300-1 of 02/07/1992 (as amended in 2018). According to it, the contract concluded between the consumer and the tour operator is considered properly executed if the services are provided in full, on time, in the prescribed place and in the required quality. Accordingly, to a specific consumer, as well as by persons and means specified in the contract. If the terms of the agreement are not fulfilled or performed poorly, the client has the right to demand compensation for damage and moral harm.
Court as a way to achieve justice
Another effective way to achieve justice is the court. It is no longer possible to turn back time to change your ruined vacation, but you can try to file a claim in court. Failure to comply with the contractual relationship of someone is a violation of civil law, in connection with which compensation for material and moral damage can be demanded. Before going to court, it is strongly recommended to enter into a written discussion with the travel agency that violated the contractual terms.
A legal entity is obliged to respond to any appeal from citizens and provide an appropriate response. If there is correspondence, you can rely on it when writing a claim in court. Even if there is no response from the travel agency, the plaintiff can attach a copy of the letter that was sent to the travel agency, and it is necessary to provide evidence that it actually reached the address of the agency or operator providing travel services. This proof could be a mail receipt or proof of delivery.
How to complain to Rospotrebnadzor about an unscrupulous tour operator
Perhaps the most effective pre-trial method of influencing an unscrupulous operator may be to send an appeal to Rospotrebnadzor. It is recommended to immediately contact the territorial authorities at your place of residence or at the location of the “offender” - the organization. In fact, the methods of contacting this authority are the same as those of Rostourism. Only the procedure is slightly different.
| Basic methods of circulation | Short description | For your information |
| Personal reception of citizens at the Community Reception Center. apparatus | Conducted at: Moscow, per. Vadkovsky, 18, pp. 5,7. Responses to requests are provided in a general manner | There is no registration for it, admission is carried out on a first-come, first-served basis. Citizens need to take their passports with them |
| The same reception of citizens, but only in the territorial bodies of Rospotrebnadzor | Accepted at public receptions according to the established schedule | More details about the place and time of the event should be clarified on territorial websites. |
| Reception with the management staff of Rosptrebnadzor | You can get to the manager only by appointment kept by his assistant, and according to the approved appointment schedule | An appointment will be made if: the question addressed by the citizen falls within the competence of Rospotrebnadzor; the appeal is not anonymous; the materials presented are not offensive or inappropriate |
| Electronic appeal | To do this, you need to fill out the appropriate form on the website, observing the following requirements: text volume: up to 4000 characters; size of attached files, including archived ones: up to 5 MB; Only valid file formats need to be attached. specified in the form | If the specified requirements are not met, it is recommended to send the application on paper by mail to the address of the relevant territorial body |
The option for filing an electronic complaint may vary and largely depends on whether a scheduled inspection is needed or not. In the first case, authorization in the ESIA is required, and in the second, when verification is not needed, the application is processed and sent without authorization. Both options for appeal (with an electronic form) are presented in the subsection “Appeals from citizens” (section “For citizens”).
Ministry of Culture
The Ministry of Culture supervises and regulates the activities of tour operators, so this federal body can:
- send a complaint by mail to the address: 125993, GSP-3, Moscow, Maly Gnezdnikovsky lane, building 7/6, building 1, 2, personal reception is conducted at the same address;
- get a personal appointment (live queue on weekdays 10:00-16:00 (Monday-Thursday), until 15:00 on Friday, lunch: 12:00-13:00);
- use the box installed in the hall of the Ministry of Culture;
- send a complaint by fax to a phone number (if the complaint consists of many pages, it is better not to use this method);
- on the website ru – General questions by filling out the electronic form.
