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Related question «Documents and borders»
THEN Coral Travel, threw us with visas to Spain !!!
THAT, the corral, where the tour was booked half a year in advance, did not make a visa to Spain and, just before the flight, did not even deign to inform us about it until we called ourselves! They offered Cyprus in exchange !! but the price is lower than we paid for Spain! how to be, tell me how you can punish them!!!
Translated automatically from Russian. View original
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10 subscribers  • asked 2012-08-2912 years ago
Answers  •  60
аватар Marafetka
Collect documents for court. But I doubt anything will work. Refusing to return money?
аватар sandra-art
court
аватар ninok52
they refuse to return the money! when we came, they even called the bouncer to the office, that if something put us up! The director said during a conversation that we couldn’t prove anything even with a lawyer !!!!
аватар Marafetka
then in your case it is better to agree to a trip to Cyprus and thereby recapture at least part of the money. One Kyiv office owes me another 3,500 dollars. for the failed trip to Egypt. And a year has passed. And I really can't prove anything.
аватар ninok52
we agreed to go to Cyprus, but we also need visas there, I think they won’t be ready in a day! They promised to call today at 12, but alas, silence again! We call ourselves, they don’t answer!! !!!!we will take at least what they offer, otherwise we will be left without money at all, as in your case!!!
аватар Marafetka
Then settle for Egypt or Turkey.
аватар Marafetka
And I recommend visiting the office with a voice recorder.
аватар ninok52
Let's see what they will offer us more! We already agree to everything! Thank you very much for your support!!!!
аватар ninok52
ooh, but we forgot about the recorder !! thanks for the hint)))
аватар Marafetka
it would be nice to scare them with links to the media. This is how we once managed to check into a paid hotel in Turkey, and not to the proposed one. Some are afraid that an unflattering review may get into the press.
аватар Marafetka
And don't stay at home. Run to their office and sit on your heads until you achieve something.
аватар ninok52
Yes, there is such an impudent headmistress! I say I’ll call the corral directly and let them deal with you! To which she smiled sweetly and said, don’t prove anything !!! here I also read a review about the coral! I also went on a tour to Spain !!!
аватар Marafetka
If the contract is in hand, then prove everything. You really need to get to the very top management.
аватар ninok52
the contract is on hand, but it’s somehow not drawn up very well, the hotel is entered with a pen, everything is written in a vague way! we will reach the very top management! this is already a matter of principle! otherwise they get away with everything!
аватар Pachok
O! So the agency blew it, didn't it Coral?
аватар Lina23S
THAT you won’t scare them, but if you file a complaint with the Ministry of Tourism, then they can deprive you of your license, that’s what they are much more afraid of.
аватар Pachok
ninok52, please write the name of the agency. The people should know their "heroes".
аватар hatinka
You are more careful with voice recorders and video cameras, in Ukraine covert video filming and recording on a voice recorder have been prohibited since the year 10 somewhere, and it’s a crime. No matter how sideways it gets out
аватар Marafetka
No, well, it’s not necessary to immediately run to court with these records ... but to analyze the situation and communicate with a lawyer, if anything, this is a useful thing.
аватар sandra-art
for the fact that you record your conversation on a dictaphone with someone you will not be imprisoned
there is a "Law on Information" but this is from another opera
I don’t know the Russian Criminal Code, but I don’t think that it differs much from the Ukrainian one.
аватар hatinka
SandraArt, keyword HIDDEN. You are obliged to notify in an accessible form about the entry, and in doing so, all its meaning is lost. In general, not knowing our laws is a great happiness.
аватар hatinka
I apologize to TK because I just looked that she was from Russia. I meant Ukraine! I don’t know about Russia and I take my words back!
аватар sandra-art
If you intend to go to court with a civil claim, then any recording on the information media is evidence, it is attached on the basis of Article 77 of the Code of Civil Procedure of the Russian Federation by filing a petition describing when by whom, where the recording was made and why it was made, petitions describing when by whom, where was the recording made and why is it,
Article 77. Audio and video recordings A person submitting audio and (or) video recordings on electronic or other media or applying for their reclamation must indicate when, by whom and under what conditions the recordings were made.
If with a statement to the police, then any recording on the information carrier is evidence, it is attached on the basis of a statement describing when, by whom, where the recording was made and why it was made,
Article 86
the victim, the civil plaintiff and their representatives have the right to collect and present objects and other information for their inclusion in the criminal case as evidence.
аватар sandra-art
Article 87. Verification of evidence is carried out by the interrogator, investigator, prosecutor, court by comparing them with other evidence available in the criminal case, as well as establishing their sources, obtaining other evidence that confirms or refutes the evidence being verified.
In reality, it happens like this, the interrogating officer checks the record, establishes voices on the record, attaches it to the case file or draws it up as received with the help of the operational-investigative activity - operational-search activity.
and in Ukraine, as they explained to me, it is impossible to record private conversations - wiretapping of a personal phone, bugs in an apartment, etc.
if the conversation is conducted in front of witnesses - clients of the same travel agency or employees where you came with a voice recorder - this is legal
аватар Oleksii64
The headmistress's words "you can't prove anything" are alarming - there is a contract and a credit order, so there is nothing to prove. Or incomplete information and we're speculating here. And neither THAT nor TA are responsible for NOT opening a visa (if I'm not mistaken, there should be a stamp in the passport about the consideration of documents at the embassy - that the passport was submitted, and not lying around somewhere)
аватар Pachok
Well, the trouble is that THAT and TA REALLY do not and cannot bear any responsibility for the opening of visas. In this case, it is necessary to prove responsibility for the (un)timely submission of documents of tourists to the consulate. Those. somehow track (documented) who, what, when and where transferred. In this, I think, the operator should help the tourist. Not required, of course, but that would just be the normal approach.
аватар Pachok
I understand that they simply did not open visas, not a refusal ... Or a refusal from the Spaniards?
аватар sandra-art
in case of non-opening of visas, the cost of the tour must be returned, except for the consular fee. is not it?
аватар Pachok
It happens differently, you need to read the terms of the contract.
аватар HotLine
Pachok, whom did you advise me to remember when I spoke about your professional topic?
1. The terms of the contract must be lawful, that is, not contradict the norms of objective law.
2. According to the laws (Ukrainian, Russian) on consumer protection and tourism, if the seller could not provide paid services, then he must return the money to the buyer. If this happened through no fault of the seller, then he has the right to reduce the refund by the amount of the actual costs incurred. At the same time, he must be ready to document both the costs and the liability of third parties.
We do not consider force majeure.
The responsibility of the buyer is to pay for the tour on time, to submit documents for a visa to TA on time.
To transfer responsibility from TA to the consulate, the fact of refusal of a visa is required. If the passports are clean or there are visas, then it will not be possible to transfer and the TA money must be returned in full.
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