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Has anyone sued a tour operator for not providing service? What are the results?
Has anyone sued a tour operator for not providing service? What are the results?
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Answers • 27
You are at the wrong address, you take all the docks where all your relations with TO and knowledgeable lawyers are stipulated.
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answered 4 years ago
TO in Ukraine is a sacred cow. But if you don't mind the money, try
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1
answered 4 years ago
You can sue. My classmate works for Joyne as a legal adviser (before that she was with Annex). Many people try to sue the joint. Last year, the claim was for 24,000 thousand. The court was satisfied. The cost of a lawyer is UAH 7,000 + 10% of the amount won + court fees. In fact, less than half returned. The game is not worth the candle.
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answered 4 years ago
On 01/16/2020, we bought a TPG operator tour, the dates of which subsequently fell on the quarantine period. The tour operator did not get in touch with the agents and only recently offered to reschedule tours to other dates, but at online prices that significantly exceed the cost of the purchased tour. The operator does not make any concessions regarding the minimization of additional payments on the tour! We just don't have that kind of money. Wrote in several instances. We want to sue the tour operator for the return of the full cost of the tour + moral damages.
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½
answered 4 years ago
There is already judicial practice in the claims of tourists to tour operators for the return of money paid for the tour during the validity of contracts during the quarantine period.
I give an example of a court decision from the Unified State Register of Judgments. The situation is similar to yours. Court decision in favor of the tourist. It is clear that there will be an appeal. But there are already first precedents. Read the terms of the agreement carefully. Practice shows that it is possible to fight in spite of force majeure.
Judgment: http://www.reyestr.court.gov.ua/Review/90305210
I give an example of a court decision from the Unified State Register of Judgments. The situation is similar to yours. Court decision in favor of the tourist. It is clear that there will be an appeal. But there are already first precedents. Read the terms of the agreement carefully. Practice shows that it is possible to fight in spite of force majeure.
Judgment: http://www.reyestr.court.gov.ua/Review/90305210
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4.5
answered 4 years ago
moy_contakt, answer from a mega expert, as always, about nothing. If people have knowledgeable lawyers, they definitely won’t create a topic here.
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2.5
answered 4 years ago
Before filing a claim, collect all the necessary documented facts why you are asking for money. All correspondence with the travel agency and tour operator must be officially confirmed, I sent everything by new mail with a receipt. Telephone conversations and correspondence in networks do not count. If the legal department of the tour operator sees, that you are seriously preparing to go to court, they will meet you and return the money. Although I had it with Tez, and TPG is completely .... But go for it, good luck to you. Water does not flow under a lying stone.
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1.5
answered 4 years ago
Served, but never the verdict was in the direction of the tourist.
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2
answered 4 years ago
Yes, it is full of solutions in favor of tourists.
Go to the USR Judgments.
Go to the USR Judgments.
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5.5
answered 4 years ago
If we count the judgment
Tourists paid for the tour on February 12 - 119720 UAH, approximately the rate of 24.42 = $ 4900
In addition, tourists paid for the services of a lawyer UAH 14,000, approximately $500
123720 UAH will be returned to tourists approximately now $ 4550 (if the rate is 27.2)
MOT still pay an additional 1192.20 UAH court fee $ 43
That is, tourists lost $850
TO earned $807 on this failed tour in 5 months
And if MOT goes to appeal and another plus 2 months
the house always wins
kreisleriana are you ready to pay for the services of a lawyer and the court fee and wait for at least 2 months when the court will consider your case? Since January, your amount in hryvnia has already depreciated, and if you delay for another 2 months
Tourists paid for the tour on February 12 - 119720 UAH, approximately the rate of 24.42 = $ 4900
In addition, tourists paid for the services of a lawyer UAH 14,000, approximately $500
123720 UAH will be returned to tourists approximately now $ 4550 (if the rate is 27.2)
MOT still pay an additional 1192.20 UAH court fee $ 43
That is, tourists lost $850
TO earned $807 on this failed tour in 5 months
And if MOT goes to appeal and another plus 2 months
the house always wins
kreisleriana are you ready to pay for the services of a lawyer and the court fee and wait for at least 2 months when the court will consider your case? Since January, your amount in hryvnia has already depreciated, and if you delay for another 2 months
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1.5
answered 4 years ago
The only thing I'm not ready for is to let THAT get away with it! We will not hire a lawyer, we will draw up a statement of claim ourselves (there is a very positive practice - everything was returned to my husband).
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answered 4 years ago
The question is ambiguous. For example, in the court case I cited, the tour operator suggested that the tourist postpone the trip until 2022, then, excuse me, you still have to live until 2022. You don't know what will happen to you tomorrow.
Therefore, the question may be: to lose all or partially, especially since the price of the issue was more than 100 thousand.
When filing a claim, you can raise the issue of recovery, including inflationary losses, moral damage.
The court fee will be paid by the tour operator as it will file an appeal.
True, if the appeal is satisfied, all legal costs will remain with the tourist.
Well, here everyone decides for himself.
Therefore, the question may be: to lose all or partially, especially since the price of the issue was more than 100 thousand.
When filing a claim, you can raise the issue of recovery, including inflationary losses, moral damage.
The court fee will be paid by the tour operator as it will file an appeal.
True, if the appeal is satisfied, all legal costs will remain with the tourist.
Well, here everyone decides for himself.
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answered 4 years ago
Sorry TO earned $307 but still earned and lost nothing in $
kseisleriana777 ask yourself what will the $ rate be in 2-3 months when your claim will be considered?
Or maybe it’s cheaper to pay extra now and go now, and not in a few months to receive (if you receive) the amount in USD. much less and not go anywhere
And if the decision is in favor of TO?
kseisleriana777 ask yourself what will the $ rate be in 2-3 months when your claim will be considered?
Or maybe it’s cheaper to pay extra now and go now, and not in a few months to receive (if you receive) the amount in USD. much less and not go anywhere
And if the decision is in favor of TO?
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answered 4 years ago
Andrey111 you yourself understand tourists who can pay for $ 5000, these are not just mass tourists, even here on travel truth and on other sites asking tell me a tour for $ 500-1000 and sometimes it’s not 2 people, but 2 + 1 and 2 + 2.
Tourists of $5000 can afford to hire a good lawyer and lose $800.
And the amount of 14,000 for the services of a lawyer is conditional
Tourists of $5000 can afford to hire a good lawyer and lose $800.
And the amount of 14,000 for the services of a lawyer is conditional
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answered 4 years ago
So I don't argue.
The author of the topic asked a specific question. I gave a specific answer to it.
Then the TS thinks, analyzes and makes a decision.
It is clear that no one can give 100% guarantees to anyone.
The author of the topic asked a specific question. I gave a specific answer to it.
Then the TS thinks, analyzes and makes a decision.
It is clear that no one can give 100% guarantees to anyone.
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1.5
answered 4 years ago
since we are talking about TPG... It depends a lot on your travel agent. but TPG now offer tours and the opportunity to use the money is there. There is a specific scheme of work, if you need to write in more detail in a personal, I will write what and how (friends in a similar situation and they solved the issue).
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½
answered 4 years ago
civil lawsuits can now drag on (in most cases) for several. Then another and the return of funds through the executive service.
You do not have a very experienced or insufficient TA.
in most cases, smart TAs will always agree with TO
and a court with TO is a completely extreme option - time and money spent
You do not have a very experienced or insufficient TA.
in most cases, smart TAs will always agree with TO
and a court with TO is a completely extreme option - time and money spent
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answered 4 years ago
"moral damage" that representatives of the TO called you at work, your relatives and friends and called you bad words?
"The only thing I'm not ready for is to let THAT get away with it!" - these are all emotions, you will not change the prices online, I repeat, your payment for the tour has already depreciated and continues, THEN will not suffer.
After you have written to several instances, TA and THAT will not meet you halfway for an additional payment.
I think the problem here is not that TA is not experienced or lacking.
I suppose that the payment was an average 5 *, and now at prices without surcharges they offer 4 * or 3 *
"The only thing I'm not ready for is to let THAT get away with it!" - these are all emotions, you will not change the prices online, I repeat, your payment for the tour has already depreciated and continues, THEN will not suffer.
After you have written to several instances, TA and THAT will not meet you halfway for an additional payment.
I think the problem here is not that TA is not experienced or lacking.
I suppose that the payment was an average 5 *, and now at prices without surcharges they offer 4 * or 3 *
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answered 4 years ago
For whom the topic is relevant - another court decision in favor of a tourist on a claim against a tour operator for a refund in connection with the disruption of a trip due to quarantine http://www.reyestr.court.gov.ua/Review/91820430
So far, the trend in the courts of first instance is in favor of the tourist. Let's see where the appeal takes.
So far, the trend in the courts of first instance is in favor of the tourist. Let's see where the appeal takes.
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answered 4 years ago
One positive decision, but we do not see how many are denied.
The contracts that tourists sign are drawn up in such a way that operators do not owe anything to anyone.
The contracts that tourists sign are drawn up in such a way that operators do not owe anything to anyone.
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answered 3 years ago
Yes, these decisions are enough. I tried to help the person and offhand picked up the first available solution that fits the situation of the HARDWARE.
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answered 3 years ago
Good afternoon!
We booked a tour in January 2020 on the island of Crete for the month of October at TO Orbita, due to the current situation, the tour was postponed to October 2021, but 2 weeks before the trip we learned that our tour would not take place, since TO Orbita turned out to be booked a tour with TO Mouzenidis, which we didn't know about, and our tour was simply cancelled. Orbit did not offer us anything in return, and they did not give us any money either. We paid UAH 12,800 in advance back in 2020. That is, they use our money, but they do not want to give it back. We went to the director, he doesn’t want to give anything away and says that we won’t win the court either, since everything is seized from him. Tell me how we should be in such a situation, is it possible in this case to still sue? I have already written to all instances, but everywhere the answer is that you should sue. I have been disabled since childhood, can there be preferential benefits in the courts regarding the payment of court cases? Thanks for the answer.
We booked a tour in January 2020 on the island of Crete for the month of October at TO Orbita, due to the current situation, the tour was postponed to October 2021, but 2 weeks before the trip we learned that our tour would not take place, since TO Orbita turned out to be booked a tour with TO Mouzenidis, which we didn't know about, and our tour was simply cancelled. Orbit did not offer us anything in return, and they did not give us any money either. We paid UAH 12,800 in advance back in 2020. That is, they use our money, but they do not want to give it back. We went to the director, he doesn’t want to give anything away and says that we won’t win the court either, since everything is seized from him. Tell me how we should be in such a situation, is it possible in this case to still sue? I have already written to all instances, but everywhere the answer is that you should sue. I have been disabled since childhood, can there be preferential benefits in the courts regarding the payment of court cases? Thanks for the answer.
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answered 2 years ago
texnika Is Orbita a TO (Tour operator)? Orbita is a Tour Agency (an intermediary between TO and a tourist) that works directly with a tourist, as a Tour Operator does not work with a tourist. Take your contract and read it carefully. Your TA should have contacted the TO to resolve your issue and offer you options (deposit, refund, transfer). But I suppose that if you were sent like this .... in general, read the contract. Do you have a deposit check. Is there an additional contract (transfer, deposit, etc. are issued by an additional contract). There are many unknowns in your case.
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answered 2 years ago
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