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Tell me if I booked a tour. I paid half the cost, but I haven’t signed the contract yet. I sent my passport data and that’s it. I’m leaving in a month and a half.
Tell me if I booked a tour. I paid half the cost, but I haven’t signed the contract yet. I sent my passport data and that’s it. I’m leaving in a month and a half.
Translated automatically from Russian. View original
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11 subscribers  • asked 2018-03-096 years ago
Answers  •  28
аватар ollennka
You are a risky woman ... Do you have any documents at all confirming that you gave the money to the travel agency?
аватар travelsita
What documents confirm the deposit of funds? A month and a half before departure, you can return something if you have the necessary documents.
аватар Andrey111
If the contract is not signed and there is a document confirming the payment, there is every reason to demand a full refund.
аватар agent_borabora
If the contract is not signed, then there is no reason to deposit money.
аватар kolyan_cat
Well, everyone I've come across when buying tours requires the transfer of an advance payment as soon as possible in order to fix the price, and before the conclusion of the contract.
I don’t know who has the opportunity to go to travel agencies and personally communicate with sellers, but if you choose a tour on the Internet and then communicate with the agency by phone and e-mail, then this is exactly what happens. And the money is transferred to the card account of a private person, to the same Privatbank.
This is a common story. And it is hardly possible to return the money here, because. these 50% are transferred to the tour operator and the hotel is booked on them.
Those. from the point of view of the law, this is all illegal and you can demand a refund, but from the point of view of the agency, they meet the needs of customers so that they can book a hotel at a normal price. If you want to transfer only after the contract - well, waste time until you get to some agency from Zaporozhye, the tour will rise in price.
аватар Andrey111
Everything is much easier. A scan of the signed contract is sent by e-mail to the client, who signs it and returns it by e-mail. Along with the contract, an invoice for payment is also sent. This is all legal and common practice. And you don't have to go anywhere. For reliability, the parties can then exchange originals by mail.
In this case, if the client did not sign the contract, letter of guarantee, etc., then the travel agent had no reason to make a reservation, i.e. the money was received without a sufficient legal basis and it is quite possible to return it.
аватар Vika284
The Civil Code of Ukraine provides for both written and oral forms of contracts, your agency can count your oral agreements on booking a tour and your 50% payment can be confirmation of this
If you don’t get it for good reasons, then the travel agency can send a request to the TO and agree on rebooking the tour for other dates convenient for you, a refund is very rare.
аватар alex45
kolyan_cat, well, you give!
"lose time until you get to an agency from some Zaporozhye", I'm certainly from some Zaporozhye, but travel agencies in Zaporozhye, as well as in some Kyyuva, are like uncut dogs! You will stay in traffic jams longer until you get to them!
And so, of course, we are a province, we work only on paper, not on electronics, we don’t know about mail! About the Internet too!
аватар alex45
And actually, Victoria from Kyiv asked a question!
аватар lazy_person
Agree with agent_borabora. Prepayment is made after signing the contract. First, the contract and then prepayment, as a guarantee that the travel agency can start work on booking a room and a ticket. In case of refusal of the option of the booked room and place in the charter, the prepayment is used as a commission for the work done by the travel agency and its partners. The minimum prepayment percentage is specified in the contract. Cancellation of the tour after its full payment is another topic, its scheme is indicated in the terms of the contract...
аватар kolyan_cat
Alex, in any case, I don't see the point of going to the agency and wasting my time. Communication "face to face" with a manager in a travel agency is the lot of collective farmers. I do everything to the maximum without a visit, well, only in the final to drive up the vouchers to physically pick up.
And what always infuriates me is that in words they are cool agencies, everywhere signs are TEZ-Tour, Coral-travel, etc., but how to transfer money and conclude an agreement - some kind of emergency Ivanov on a single tax.
аватар Andrey111
And what is a secret for you that most agencies work with PE under franchising agreements?
аватар alex45
That's it!!
And the state of emergency Ivanova also wants to eat, she will receive a small fraction and is satisfied! Therefore, she has the appropriate knowledge, that is. none!
And the client runs and looks for where to get the maximum discounts, and not quality service. Hence the questions about pots in hotels, where Wi-Fi is caught, and what kind of swill is in the bar.
аватар alex45
And it's everywhere! There are both in Kyiv and on the periphery!
аватар lazy_person
The tour operator ("Coral Travel", "Tez Tour", etc.) does not work directly with individuals. They distribute tours through intermediaries (travel agencies). The simplest and most reliable way is still to conclude an Agreement with a travel agency.
Otherwise, you can get into the situation in which viku.ua found itself, asking the question.
аватар millamilla
viku.ua you are unlikely to return the money, will be offered to rebook on another date or take a tour to another country
mentioned above Vika284 on oral agreements in the Civil Code of Ukraine. Even if you go to court for a refund, your 50% prepayment and the passport data you send will be considered as an oral agreement with the agency.
Article 206 of the Civil Code of Ukraine
аватар kolyan_cat
Yes, it does not depend - Kyiv or Zaporozhye, everything is the same.
And questions about pots or Wi-Fi to clarify with PE Ivanova are at least stupid. Everything is on the Internet. But most people have the feeling that if you come to the office and there "on the spot ask everything," then the information will be better. Ahem...
How many times I went, I don’t know where these offices are. Zhenya was instructed to drive to the right address on a certain day and pick up the vouchers, that's all. Now, being in Poland, we booked and partially paid for a tour from Kyiv.
But what I want to say is that the market of travel services (at least on the Internet) in Ukraine is more developed than in Poland. It is easier to find information on Ukrainian sites, apply filters, etc., i.е. they are more functional. Everything is worse for the Poles - it is not calculated that the client himself chooses the necessary package in the aggregator, but rather indicative information is given and then the client must call and clarify by phone. Wildness. Despite the fact that the prices for the same hotel are 1.5 times higher.
аватар millamilla
inextenso you are wrong in some areas and in case of difficult booking operators including Coral Travel and Tez Tour can directly make the booking
these are ordinary legal entities with settlement accounts and the direct type of activity of tourism, it is not legally prohibited to pay them directly for the tour. Details of these organizations are publicly available.
аватар ollennka
Well, in vain you tour operators do not sell tours directly. Site support is clearly cheaper than the 10% agency commission. Our operators even sell tours offline to individuals, I don’t know if this is an image component or also a matter of profit.
аватар lazy_person
millamilla
An "Individual" (Ivanov, Sidorov...), as a rule, is not a "Legal Entity". Here I am not. I don't have my own bank account. But there is an “Individual” who is the founder of a “Legal Entity” (his own personal business), that is, he has his own bank account ...
We must distinguish. Tour Operator works with "Legal entities"...
аватар ollennka
inextenso, I'm sorry, I can't believe that you don't have a bank account. Are you getting paid at the box office?
аватар ollennka
Still, here the dog rummaged in something else. Nothing prevents tour operators from working with individual tourists directly without intermediaries.
аватар lazy_person
ollennka
Well, why are you all in hostility and into battle ... I have not received a salary for 20 years. Long time retired. My "salary" brings the postman! Not everyone has a bank account...
аватар ollennka
Huh, where exactly are the bayonets?)) I didn’t think about retirement. In Russia, pensions also come to the post office in very remote villages.
аватар Andrey111
"Vika284 mentioned the oral agreements in the Civil Code of Ukraine above. Even if you go to court for a refund, your 50% prepayment and the passport data you sent will be considered as concluding an oral agreement with the agency.
Article 206 of the Civil Code of Ukraine
According to Art. 20 of the Law "On Tourism " contract for tourist services is concluded in writing or electronically. In this case, the law takes precedence because it regulates a narrow sphere of relations, and the Code contains general provisions. If it is not possible to rebook the tour, I would advise the vehicle to apply to the travel agency with a written request for a refund. In case of refusal to write a complaint to the local department of the State Food and Consumer Services (former consumer protection) and / or to the Ministry of Economic Development (licensing tour operators). In case of refusal, the lawsuit remains. But I think that after appealing to these bodies, the issue should be resolved.
аватар Vika284
Andrey111 on the hierarchy and systematization of legal acts of Ukraine:
1. The Constitution of Ukraine, constitutional laws.
2. Laws to which the Verkhovna Rada of Ukraine gave consent to the validity of international treaties on the territory of Ukraine, adopted in accordance with the Constitution
3. Codified Laws or Codes
4. Ordinary laws.
5. Decrees of the Verkhovna Rada of Ukraine.
6. Decrees of the President of Ukraine.
7. Resolutions of the Cabinet of Ministers
8. Orders, instructions, decisions of ministries and other central executive authorities.
So the court in the dispute will look at the norms of the Code of Ukraine
аватар Andrey111
The question is moot. Let's not get into legal discussions. I'm speaking from more than 20 years of legal practice. I think the HARDWARE has already received enough information to draw any conclusions.
аватар yulacha2011
money is unlikely to be returned to you, they will offer to rebook for another date or take a tour to another country, as in any other business
generally strange, you need to find out all the questions from those where you booked the tour, and not on the forum
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