This is the worst thing I've ever seen!

I bought a tour for March 8 to Riga, where the departure on March 8 was listed in black and white! I signed a contract, where there was also only the specified date. I announced to the manager who concluded the contract that I was flying abroad and would return at 8 at night, and in the evening of the same day I was ready to go on tour. The manager listened, laughed "From the ship means to the ball" and I paid for the tour and calmly flew away. Arriving at night in St. Petersburg, and going to the site, I found that the bus for this tour left on March 7 at 22-30. Nobody even called me! When the May holidays passed, I called this MIRACLE travel agency and explained my situation. I was asked to write a claim by hand and bring it to them. They will consider within the statutory deadlines and return the part of the funds that remained after the payment of the reservation. Time passed and I got such an epic (note how the points contradict each other)

From the CEO

OOO TK Northern Capital

Proventieva Olga Viktorovna

In response to your claim, No. 15 dated 13.03.2012 I report the following:

Dear Konstantin Mikhailovich! The implementation of the tourist product is carried out on the basis of an agreement concluded in writing between the tour operator and the tourist and (or) another customer. The specified contract must comply with the legislation of the Russian Federation, including consumer protection legislation (Article 10 of the Federal Law of November 24, 1996 N 132-FZ "On the Basics of Tourist Activities in the Russian Federation (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 4, 1996).

We have concluded an agreement on the sale of a tourist product No. NF 00-0190 on February 28, 2012. In p.p. 2.1.2, article 2 of the above agreement, the tourist's obligations include: "not later than 24 hours before the departure (departure), check with the Contractor's office the time of departure of the aircraft, the departure time of the bus carrying out the tour program." You, as seen from your claim dated 03/12/2012, did not do this, and, unfortunately, our guide could not get through to you on 03/07/2012.

, about which an Act was drawn up, signed by the driver and tourists. (Appendix No. 1)

Unfortunately, your claim does not indicate significant changes in circumstances and violations made by the tour operator, from your claim it can be concluded that you have not fulfilled the obligation stipulated by the contract for a tourist voucher.

The Law of the Russian Federation "On Protection of Consumer Rights" establishes the responsibility of the contractor for the quality of the services provided. Article 4 of the Law of the Russian Federation "On Protection of Consumer Rights" establishes the obligation of the contractor to provide a service, the quality of which corresponds precisely to the contract.

According to the preamble of the Law of the Russian Federation "On the Protection of Consumer Rights", the non-compliance of the service with the terms of the contract is a deficiency of the service.

In the case of the provision of a service with deficiencies, the consumer, in accordance with Art.

29 of the Law of the Russian Federation "On Protection of Consumer Rights" has the right, at his choice, to demand a commensurate reduction in the established price of the service; full compensation for losses caused to him by the shortcomings of the service provided.

The consumer also has the right to demand termination of the contract for the provision of services if he discovers significant shortcomings in the service provided or other significant deviations from the terms of the contract, and demand full compensation for the losses incurred.

Each of the parties has the right to demand a change or termination of the contract for the sale of a tourist product in connection with a significant change in the circumstances from which the parties proceeded when concluding the contract.

Significant changes in circumstances include:

deterioration of the travel conditions specified in the contract and the tourist voucher;

change in the timing of the trip;

unforeseen growth of transport tariffs;

the impossibility of the tourist to travel due to circumstances beyond his control (illness of the tourist, refusal to issue a visa and other circumstances).

Unfortunately, in the list of significant changes in the circumstances necessary to terminate the contract for the sale of a tourist product and return the amount under the contract to you, the delay for personal reasons does not appear.

Based on the above and guided by Article 2.9 of the Federal Law of November 24, 1996 N 132-FZ "On the Fundamentals of Tourism in the Russian Federation", I believe that your claim is not subject to satisfaction.

Sincerely, Proventieva Olga Viktorovna

And here is my counterclaim, which is still not registered and fed with promises:

Repeat claim.

I received a response to claim No. 15 dated March 13, 2012, with a refusal to satisfy.

Dear Olga Viktorovna!

I ask you to explain in connection with what the conclusion was made about being late for the tour starting on 7.03.

2012, if I purchased a tour on 03/08/2012. On the Biglion website, I purchased a tour coupon for March 8 (see the application to the claim). The claim I wrote earlier, which you apparently read inattentively, contains information that I was outside the Russian Federation until 03/08/2012. An employee of your company, when registering the tour and concluding the contract, did not inform me that the actual start date of the tour is 03/07/2012, and the departure time is 22-30.

I explained to him that I needed a tour to extend my holiday, as I am returning to St. Petersburg late at night on 03/07/2012, and on 03/08/2012 I am ready to go to Riga. It even says in the contract that I purchased a package of travel services on the route “Riga RADISSON BLU 2 days on March 8” in the period from 03/08/2012 to 03/09/2012, although for some reason your manager indicated the period 02/08/2012 to 02/09/2012. So where is the provision of reliable information for which you are responsible? If I found out that the bus to Riga leaves on March 7, 2012 at 22-30, only after returning home on March 8.

2012 at 00-00 by going to your website www.nordcapital.ru.

I ask you to explain for what reason LLC "TK Northern Capital" is trying to relieve itself of the responsibility prescribed in the contract No. NF 00-0190 concluded between us on February 28, 2012. and refuses to give me a refund for a fully paid tour that neither I nor my wife were on??? Namely

“The Contractor is responsible for: - reliable information about the proposed tourist product

- for the quality of services provided

In case of non-fulfillment or partial non-fulfillment of the obligations assumed for the implementation of the Program (documented), the Contractor voluntarily reimburses the Tourist for the corresponding part of the cost of the services not provided.

In response to a claim, you refer to paragraphs. 2.1.2, article 2 of our agreement No. NF 00-0190 28.02.

2012, the obligations of the tourist include: “no later than 24 hours before the departure (departure) to clarify at the office of the Contractor the time of departure of the aircraft, the departure time of the bus carrying out the tour program.” This begs the question, did you read my complaint??? The claim "in black and white" contains information that I purchased the tour on 03/08/2012, and not on 03/07/2012. Having specified the information 24 hours before the departure of the tour, I still would not have got on this tour. At that time, I was in the airspace of the Russian Federation and my plane landed at Pulkovo-1 airport on March 7, 2012 at 22-52.

Why referring to p.p. 2.1.2 "Tourist Required", you're missing p.p. 2.1.1 “The Contractor is obliged:

- provide the Tourist with complete and objective information about the tourist product, including the risk factors of tourist travel;

- provide the Tourist with a package of tourist services in full, provided for by the Service Program;

- issue tourist and travel documents (trip, a / tickets, railway tickets, etc.), handing over to the tourist no later than 24 hours before departure (departure)";

Now explain to me where are the tourist and travel documents, in which I should have seen the departure time of the bus, which you accuse me of being late for? After all, even in the contract concluded between us, the date of the tour is indicated incorrectly, and there is no time at all.

I have the right to regard the failure of TK Northern Capital LLC to fulfill its obligations as fraudulent actions (Article 159 Fraud of the Criminal Code of the Russian Federation) against me, in order to receive money knowingly, knowing that the service will not be provided to me and I can be accused of late for personal reasons.

Further, in the same answer, you cite Art.

29 of the Law of the Russian Federation "On Protection of Consumer Rights" has the right, at his choice, to demand a commensurate reduction in the established price of the service; full compensation for losses caused to him by the shortcomings of the service provided. The consumer also has the right to demand termination of the contract for the provision of services if he discovers significant shortcomings in the service provided or other significant deviations from the terms of the contract, and demand full compensation for the losses incurred.

According to Article 29 of the Law of the Russian Federation "On Consumer Rights Protection", I demand from your company full compensation for the losses incurred by me, caused in connection with the failure to provide this service, failure to comply with the terms of the contract No. NF 00-0190 28.02.2012 in part of paragraph 2.1.1 of Responsibilities Contractor.

In case of repeated refusal to satisfy my claim, I ask you to submit supporting documents (expenses of your travel agency for the provision of tourist services to me), as well as a list of controlling organizations.

I also reserve the right to apply to the courts if the issue cannot be resolved amicably, which will entail an additional lawsuit demanding reimbursement of my expenses for paying court costs and the services of my lawyer.

Please inform me of the decision to re-claim within the statutory time limits (10 working days) by phone and by letter. In case of failure to comply with this paragraph, this circumstance will also be indicated in my defense in court.

NOW DECIDE, DO YOU DEFINITELY WANT TO USE THE SERVICES OF THIS NORTHERN ......?

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