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Tour reservation refund
Experienced tourists, please advise what to do. Yesterday we booked a tour to Spain with the tour operator "Join Up" with a departure on May 27th. The money for the tour was transferred to the travel agency in the amount of 30% of the cost of the tour, today it turned out that we would not be able to fly because of the state of the pope, we received only a receipt from the travel agent for the amount of the advance. At the request today to return all the funds, they were refused and threatened with fines, today alone, tomorrow - at 100%, but we don’t have a reservation on hand, we don’t have a contract, we refused to accept an application to refuse the application for the tour. I'm all on my nerves, after spending an hour and a half in the office of a travel agency and having achieved nothing, I left to write a request for a tour operator, because. in telephone mode, they communicate only with travel agencies.
Translated automatically from Russian. View original
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Answers • 63
Receipt of advance payment, this is not a contract. Depends on how it says on the receipt. Advance or deposit. The deposit is the intention to buy, no return on refusal.
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1.5
answered 4 years ago
Join Apa has fairly loyal conditions for booking tours. One month before the start date of the tour, you can freely cancel and return 100% of the amount paid. I canceled the tour 2 times - no problem. But, be prepared that small losses are possible due to fluctuations in the hryvnia/euro exchange rate.
The fact that TA refuses you is something not clean here. You may have contacted a dishonest TA. I won’t be surprised if TA in your contract prescribed the impossibility of a return.
Try contacting Join Upom, maybe that will help you somehow.
The fact that TA refuses you is something not clean here. You may have contacted a dishonest TA. I won’t be surprised if TA in your contract prescribed the impossibility of a return.
Try contacting Join Upom, maybe that will help you somehow.
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answered 4 years ago
In addition to the receipt, you should have immediately been given an agreement that is signed by two parties. It stipulates the conditions for canceling the tour and returning the money. If you did not sign the agreement, then the transaction may be considered invalid. Indicate this in a letter to the tour operator. receipt. The travel agency where we book tours even has insurance against possible non-departure. 4 dollars. for the whole tour. Take a certificate of the state of the father, attach it to the letter, I think they will meet you. Ask the travel agency for the number of the application for booking the tour, using it you can check whether the booking was in fact. If there was no booking, write a statement to the police on the basis of fraud.
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answered 4 years ago
Agree with previous comment. Please contact in writing. If the contract is not signed, you can safely demand the return of funds as received without sufficient legal grounds (Article 1212 of the Civil Code of Ukraine).
But be prepared for the fact that you may have to sue.
Even if there is a contract, as a rule, all tour operators provide for a refund. You have a trip in more than three months. Either way, they should be returned. Something is really not clean.
But be prepared for the fact that you may have to sue.
Even if there is a contract, as a rule, all tour operators provide for a refund. You have a trip in more than three months. Either way, they should be returned. Something is really not clean.
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answered 4 years ago
The fact that you paid and you have a payment document, and if you also gave your passport details to the travel agent (copies of the international passport), this confirms that there was an oral form of the transaction. According to the civil code, it was adopted several years ago that the oral form of the contract is legal. There is no scam here. Even if you go to court, you will have to pay the entire tour plus court costs.
For all the conditions of the Republic of Belarus, usually all the information on the TO website, whether there are fines or not, you need to find out from the operator. It is usually impossible for operators to return money for a tour if there were no conditions for a refund
For all the conditions of the Republic of Belarus, usually all the information on the TO website, whether there are fines or not, you need to find out from the operator. It is usually impossible for operators to return money for a tour if there were no conditions for a refund
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answered 4 years ago
You should go to a travel agency and calmly, without scandals, tell the situation again and agree
- the tour without changing the cost and/or with a surcharge will be transferred to other dates
- the tour agency will sell it as a canceled tour, but there is an option that 30% will not be returned to you
In groups selling abandoned tours, I saw different reasons for selling these tours, even if the children of the tour participants fell seriously ill and had treatment + rehabilitation for several months - agencies and operators do not return money.
Part of the money is returned if, for example, 2 people are booked for a tour, and one of the participants has a serious misfortune, is bedridden, in a coma or has died
- the tour without changing the cost and/or with a surcharge will be transferred to other dates
- the tour agency will sell it as a canceled tour, but there is an option that 30% will not be returned to you
In groups selling abandoned tours, I saw different reasons for selling these tours, even if the children of the tour participants fell seriously ill and had treatment + rehabilitation for several months - agencies and operators do not return money.
Part of the money is returned if, for example, 2 people are booked for a tour, and one of the participants has a serious misfortune, is bedridden, in a coma or has died
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answered 4 years ago
Agreements that are fully executed by the parties at the time of their commission may be concluded orally (Article 206 of the Civil Code). As a rule, these are small household transactions. The contract for the provision of services does not apply to such. According to Art. 20 of the Law "On Tourism " contract for tourist services is concluded in writing or electronically. According to this article, "A tourist has the right to refuse to perform a contract for tourist services before the start of a tourist trip, subject to reimbursement of the tour operator (travel agent) actually incurred documented costs associated with the refusal."
So, if the reservation was, ie. the travel agent (tour operator) did not incur any costs - you can request a refund.
So, if the reservation was, ie. the travel agent (tour operator) did not incur any costs - you can request a refund.
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answered 4 years ago
Should a contract for tourist services be notarized or registered in the state register? Does the travel service contract somehow affect the labor code or the taxation of wages?
If not, then we look at article 206 of the Civil Code of Ukraine in this case.
If it is so easy to return everything in court, then why are there thousands of groups on abandoned tours in social networks?
If not, then we look at article 206 of the Civil Code of Ukraine in this case.
If it is so easy to return everything in court, then why are there thousands of groups on abandoned tours in social networks?
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answered 4 years ago
Since there have already been disputes on legal topics, I give an example of a court decision from the EDR of court decisions on a situation similar to that of the Customs Union. The court satisfied the claim, the appeal confirmed - http://reyestr.court.gov.ua/Review/83562675
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answered 4 years ago
the contract that TA concludes with a tourist for the sale of the Join Up tour is standard. All fines are listed.
If the cancellation is within 30 days, there is no penalty.
Here you can read the terms of the contract -
https://joinup.ua/rules-uslovia/?section=dogovora-i-rekomendatsii
Additional documents:
Agreement with the Tourist *
If the cancellation is within 30 days, there is no penalty.
Here you can read the terms of the contract -
https://joinup.ua/rules-uslovia/?section=dogovora-i-rekomendatsii
Additional documents:
Agreement with the Tourist *
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answered 4 years ago
7. Responsibility of the parties.
7.1. The Tourist has the right to refuse to perform this Agreement, subject to payment to the Tour Operator
(directly or through the Travel Agent) of the costs actually incurred by him for the services provided before this notification,
no later than the start date of the tour. Application for refusal of the Tourist to provide tourist services in writing
accepted by the Tour Operator through the Travel Agent until execution from the date of receipt of such application.
7.2. In case of refusal to perform this Agreement, including due to the refusal of the Embassy of the country.
visit in the issuance of a tourist visa (hereinafter - refusal) The tourist pays the Tour Operator through the Travel Agent
fine in the following amounts:
- for cancellation of the trip 30-21 days before the trip - 15% of the total cost of travel
services;
- for cancellation of the trip within 20-15 days before the start of the trip - 50% of the total cost of travel
services;
- for cancellation of the trip within 14-8 days before the trip - 85% of the total cost of travel
services;
7.1. The Tourist has the right to refuse to perform this Agreement, subject to payment to the Tour Operator
(directly or through the Travel Agent) of the costs actually incurred by him for the services provided before this notification,
no later than the start date of the tour. Application for refusal of the Tourist to provide tourist services in writing
accepted by the Tour Operator through the Travel Agent until execution from the date of receipt of such application.
7.2. In case of refusal to perform this Agreement, including due to the refusal of the Embassy of the country.
visit in the issuance of a tourist visa (hereinafter - refusal) The tourist pays the Tour Operator through the Travel Agent
fine in the following amounts:
- for cancellation of the trip 30-21 days before the trip - 15% of the total cost of travel
services;
- for cancellation of the trip within 20-15 days before the start of the trip - 50% of the total cost of travel
services;
- for cancellation of the trip within 14-8 days before the trip - 85% of the total cost of travel
services;
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answered 4 years ago
- for cancellation of the trip within 7-1 days before the trip - 100% of the total cost of travel
services;
- in case of refusal of a trip for the high season - 100% of the cost of tourist services;
- in case of refusal of the order, for the promotion "early booking", or for other promotions, if such provision
it was stated in the conditions of the action - 100% of the cost of tourist services;
services;
- in case of refusal of a trip for the high season - 100% of the cost of tourist services;
- in case of refusal of the order, for the promotion "early booking", or for other promotions, if such provision
it was stated in the conditions of the action - 100% of the cost of tourist services;
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answered 4 years ago
the high season in Spain starts on 1/06. therefore, if a topicaster did not purchase a tour as part of any promotion, the terms of which provide for a 100% cancellation penalty, they must return the entire prepayment.
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answered 4 years ago
camomille and Andrey111 give a real court decision where the tourist paid 30% 50% 100% of the tour price and decided to return the money without objective reasons
"The court upheld the lawsuit, the appeal confirmed - http: //reyestr.court.gov.ua/Review/83562675 " what was the main reason I mentioned above
"is in inpatient treatment, after completion of treatment needs rehabilitation and constant third-party care, and on the recommendation of doctors she is forbidden to change the climatic zone, which makes it impossible for them to travel "
"The court upheld the lawsuit, the appeal confirmed - http: //reyestr.court.gov.ua/Review/83562675 " what was the main reason I mentioned above
"is in inpatient treatment, after completion of treatment needs rehabilitation and constant third-party care, and on the recommendation of doctors she is forbidden to change the climatic zone, which makes it impossible for them to travel "
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answered 4 years ago
Andrey111 how did you earlier argue that only a written and electronic contract can be used in tourism, your link to a court decision proves the opposite
I would like a link to the court decision where there was a refund when the tourist does not want to go, because his relative, not a participant in the tour, fell ill or died, and the tourists themselves who paid for the tour are healthy and alive
I would like a link to the court decision where there was a refund when the tourist does not want to go, because his relative, not a participant in the tour, fell ill or died, and the tourists themselves who paid for the tour are healthy and alive
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answered 4 years ago
Vika284, I am writing based on my own experience
In 2018 and 2019, I myself personally refused Join Up tours. Refused without objective reasons - just changed their minds. We bought a tour, and a week later we decided that instead of Cyprus we would better go to Mallorca.
There were no problems with maintenance at all - a refund is issued in the amount of 100% of the amount paid. But, you need to wait for the transfer of money - during the crisis at Joint in 2018, we waited for money for 2 months and did not wait. They took another tour for the amount of debt.
Both tours for which a refund was made were bought in Belarus for the high season. As TA told me, a penalty of 100% of the prepayment for high season tours is also considered if a refund is requested for 30 days, if for 31 - there is no penalty.
In 2018 and 2019, I myself personally refused Join Up tours. Refused without objective reasons - just changed their minds. We bought a tour, and a week later we decided that instead of Cyprus we would better go to Mallorca.
There were no problems with maintenance at all - a refund is issued in the amount of 100% of the amount paid. But, you need to wait for the transfer of money - during the crisis at Joint in 2018, we waited for money for 2 months and did not wait. They took another tour for the amount of debt.
Both tours for which a refund was made were bought in Belarus for the high season. As TA told me, a penalty of 100% of the prepayment for high season tours is also considered if a refund is requested for 30 days, if for 31 - there is no penalty.
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answered 4 years ago
camomille instead of Cyprus, let's go to Mallorca - one operator Join up?
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answered 4 years ago
And the law of Ukraine on the protection of consumer rights is no longer valid? article 18.
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answered 4 years ago
All laws are in force, but this requires a court, and the court will decide what it will be like for a tourist, this is 50/50
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answered 4 years ago
Vika284 You see what you want to see. If you have carefully read the decision of the Court of Appeal, there is in particular the following justification:
"Given that the evidence in the case established the absence of a written agreement between the plaintiff and the defendant on the provision of travel services, the panel of judges recognizes legal and reasonable conclusions of the court of first instance on the existence of legal grounds to satisfy the claim. "
In general, the discussion can continue for a very long time. I think the vehicle received enough information, including references to regulations, model contracts, court decisions and personal experiences of some forum members to draw conclusions and make decisions.
This will be followed by a transfusion from empty to empty.
"Given that the evidence in the case established the absence of a written agreement between the plaintiff and the defendant on the provision of travel services, the panel of judges recognizes legal and reasonable conclusions of the court of first instance on the existence of legal grounds to satisfy the claim. "
In general, the discussion can continue for a very long time. I think the vehicle received enough information, including references to regulations, model contracts, court decisions and personal experiences of some forum members to draw conclusions and make decisions.
This will be followed by a transfusion from empty to empty.
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answered 4 years ago
Vika284
It does not matter. The procedure is this - first make out the cancellation of the tour. Here, as well as with booking - TA, having received a tourist's application, sends an application and waits for confirmation from the TO. After the tour is canceled, the tourist waits for the payment of money or books a new tour against the existing debt. Refunds are made within a few weeks.
Given my own experience, I'm inclined to think that the author of the topic is simply being fooled in TA. Therefore, if I were the author, I would send an application for canceling the tour to TA (by registered mail), and send a copy of the application with a cover letter describing the situation to Join Up.
It does not matter. The procedure is this - first make out the cancellation of the tour. Here, as well as with booking - TA, having received a tourist's application, sends an application and waits for confirmation from the TO. After the tour is canceled, the tourist waits for the payment of money or books a new tour against the existing debt. Refunds are made within a few weeks.
Given my own experience, I'm inclined to think that the author of the topic is simply being fooled in TA. Therefore, if I were the author, I would send an application for canceling the tour to TA (by registered mail), and send a copy of the application with a cover letter describing the situation to Join Up.
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answered 4 years ago
Andrey111 so where the decision of the courts where there is no such condition "is in inpatient treatment, after treatment requires rehabilitation and constant third-party care, and on the advice of doctors she is forbidden to change the climatic zone, which makes it impossible for them to travel "
I do not see the decision of the courts where the tourist just changed his mind without one of the participants of the tour meets the conditions "on the recommendation of doctors she is forbidden to change the climatic zone, which makes it impossible for them to travel " and returned the money, this decision is not an analogy.
And even if you find a similar court decision, you know for sure that our judicial system is not like in the United States, which in most cases sets precedents for similar court decisions.
I do not see the decision of the courts where the tourist just changed his mind without one of the participants of the tour meets the conditions "on the recommendation of doctors she is forbidden to change the climatic zone, which makes it impossible for them to travel " and returned the money, this decision is not an analogy.
And even if you find a similar court decision, you know for sure that our judicial system is not like in the United States, which in most cases sets precedents for similar court decisions.
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answered 4 years ago
camomille, and why does not matter. I also rebooked the tour without changing the operator, there are no particular problems here. And I returned the money back for the tour when the significant conditions of the tour changed.
Last year I bought a canceled tour from people whose child got sick and in this case their travel agency helped in helping sell the tour.
If it is so easy to take money and the courts are all fair, then why are there thousands of groups on abandoned tours in social networks?
Last year I bought a canceled tour from people whose child got sick and in this case their travel agency helped in helping sell the tour.
If it is so easy to take money and the courts are all fair, then why are there thousands of groups on abandoned tours in social networks?
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answered 4 years ago
Yes, I did not set myself the task of looking for solutions that exactly fall under the situation of the author of the topic. I took from the registry the first that came across, which fits the situation, to show the HARDWARE that there are reasons to fight and defend their rights.
Everyone expressed their opinion, and make the final decision of the TC.
Everyone expressed their opinion, and make the final decision of the TC.
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answered 4 years ago
Andrey111 really wants to see a similar solution, without a significant condition of cancellation of the tour "is in inpatient treatment, after treatment needs rehabilitation and constant third-party care, and on the advice of doctors she is forbidden to change the climatic zone, making it impossible for them to travel "
This is not a similar decision, which side for healthy tourists
This is not a similar decision, which side for healthy tourists
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answered 4 years ago
Vika284
I had a full-fledged refusal from the tour to Italy. An application was written, the refusal was accepted, the tour was canceled completely. TO confirmed the existence of the debt and put us in line for a refund.
It was the summer of 2018 and maintenance was in a fever (adjustment of the flight program, mass cancellation of tours, etc.). Since there were a lot of tourists who needed to return the money, the return of funds was greatly delayed. We waited for our money for 2 months, after which we decided to buy a burning tour from Join Apa against the existing debt.
According to my TA: Join Up returns the money. When there are no critical situations, as in 2018, the refund takes 2-3 weeks, it can take up to a month.
Loyal conditions with the return of tours are given by Join Up and Pegasus, maybe someone else (I don’t remember exactly). Anex - will take the entire amount of the prepayment, so I don’t consider Anex at all with RB. TA stops my attempts to take something from Anex in RB and strongly advises me to take tours from loyal TOs
I had a full-fledged refusal from the tour to Italy. An application was written, the refusal was accepted, the tour was canceled completely. TO confirmed the existence of the debt and put us in line for a refund.
It was the summer of 2018 and maintenance was in a fever (adjustment of the flight program, mass cancellation of tours, etc.). Since there were a lot of tourists who needed to return the money, the return of funds was greatly delayed. We waited for our money for 2 months, after which we decided to buy a burning tour from Join Apa against the existing debt.
According to my TA: Join Up returns the money. When there are no critical situations, as in 2018, the refund takes 2-3 weeks, it can take up to a month.
Loyal conditions with the return of tours are given by Join Up and Pegasus, maybe someone else (I don’t remember exactly). Anex - will take the entire amount of the prepayment, so I don’t consider Anex at all with RB. TA stops my attempts to take something from Anex in RB and strongly advises me to take tours from loyal TOs
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answered 4 years ago
Vika284
How many days did you buy the canceled tour? 30 days before the departure date or less? and what was that?
How many days did you buy the canceled tour? 30 days before the departure date or less? and what was that?
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answered 4 years ago
camomille Join up tours do not even consider last-minute tours, even foreigners, even super cheap
according to Anex for very difficult situations, for individual free requests, I left good impressions. Mostly tours or only land with Tez, TUI and Coral
I took a refusal 3 weeks before the start of the tour, tourists together with the travel agency began to sell even earlier, in real refusal tours, bargaining is appropriate and changing the price down, whoever is interested writes their price, operator TUI. Everyone already knows that for sure the price for 7-10 days before departure for a real refusal will fall to a minimum.
there was such an operator mainly in Tunisia Oasis, at the most difficult time with flight delays and problems, they returned the money on the 3rd day after the request for a refund.
according to Anex for very difficult situations, for individual free requests, I left good impressions. Mostly tours or only land with Tez, TUI and Coral
I took a refusal 3 weeks before the start of the tour, tourists together with the travel agency began to sell even earlier, in real refusal tours, bargaining is appropriate and changing the price down, whoever is interested writes their price, operator TUI. Everyone already knows that for sure the price for 7-10 days before departure for a real refusal will fall to a minimum.
there was such an operator mainly in Tunisia Oasis, at the most difficult time with flight delays and problems, they returned the money on the 3rd day after the request for a refund.
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answered 4 years ago
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