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Can't get money back from Anex Tour when canceling Egypt
By early booking, I paid for a ticket to Egypt from August 18 to 29 for 3 people. Didn't receive travel documents. On August 16, I wrote a statement about the cancellation of the contract and the return of the full cost of the tour. On September 8, Anex Tour informed the travel agency about a $600 fine. Tell me how to negotiate with a travel agency, or go straight to court?
Translated automatically from Russian. View original
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10 subscribers  • asked 2013-09-0711 years ago
Answers  •  17
аватар HotLine
Make sure the fine is posted. To do this, ask the travel agent to show your booking on the Anex website. All financial history is there. If the penalty is set by Anex, then the travel agent is clean in front of you. He is not required to give his money back. Neither moral nor legal.
Money can be received from the operator only in a legal manner. Write a claim, transfer it to the travel agent for signature. The travel agent is obliged to receive a response to this claim and provide a response to you. If Anex officially refuses to return, go to a lawyer for a judicial perspective on resolving this issue. Then follow his recommendations.
Are the recommendations of Rospotrebzashchita mandatory for operators? Big question.
Moreover, in Egypt, not a single tourist suffered from revolutionary events. Not only this August.
аватар sigur62
Refused just two days before the start of the tour - definitely get nothing.
Many TOs changed Egypt for Turkey for free, without penalties, people are not happy with returning from there, because only slutty "triples" were offered for Egyptian money in Turkey.
A return - no, you will not receive, without options.
аватар smolssv
Consequently, the fine is an entrepreneurial risk of the tour operator and travel agency, and I am not obliged to pay it by law. Am I legally correct or not?
аватар sigur62
This is how everyone would book tours and cancel them a day or two before the start. Airplane tickets are non-refundable, a hotel room - well, it happens in different ways ...
In general, read the contract. There, everything is said about your situation, how many days of cancellation before the start of the tour, how much money is withheld from you.
аватар orbittours.ru
At this time, tours to Egypt were changed to other destinations by agreement. if you yourself refused the tour without a replacement, then most likely you will fall under all penalties (apparently, you were only fined for tickets). By law, you broke your contractual obligations two days before the start of the tour, and most likely, according to your contract, you are subject to 100% penalties
аватар Pachok
Not certainly in that way. The law prevails over the contract, in case of discrepancies, the law should be followed.
By the way, once I came across information that according to international rules there are no non-refundable air tickets in nature. And even low-cost can be returned. But the fare rules say otherwise, and people are not demanding a refund. And it seems that Russia signed an agreement with these rules several years ago.
аватар HotLine
Packok is right.
It remains only to find out what the law says.
But before that, one significant remark - the operators have long been behaving competently. Hundreds of thousands of tourists, hundreds of claims, legal departments, regular court hearings. Therefore, if the operator does something, then he does it consciously. Those. he is ready to defend his position legally. This does not mean that his position is reinforced concrete. But this means that you won’t take him to “understood-understood”. Especially if the situation is typical.
Now about what the law says. And the law says - to return everything, except for the actual costs incurred.
What costs does the operator bear when canceling a tour? He has an agreement with the carrier on a fixed cost of the flight. Regardless of the number of passengers. If during the cancellation of the tour the flight departed with empty seats, the operator will be able to show their costs for these seats.
The operator has an agreement with the hotel or the host. It spells out the financial responsibility for the cancellation of bookings. It is obvious. So the operator will also be able to show these costs.
When canceling an independent tour purchased at interesting prices, losses are also inevitable.
аватар HotLine
The panic in Egypt was sown by Rospotrebnadzor. Here we have the consequences of such consumer protection.
Including tales of comprehensive return rates. They can introduce them in Russia. The result will be the same - low-cost companies will leave. And suffer, as in this case, tourists.
Today, in addition to pure low-cost airlines, all the largest airlines in the world have created their own low-cost airlines. We are well aware of the irrevocable tariffs of such air carriers. This non-refundability is the BASIC economic prerequisite for the low cost of tickets from such companies. The refundable fare AUTOMATICALLY forces the air carrier to include in the ticket price the losses associated with these risks. Everything else - cheap airports, lack of food, tight baggage allowances, direct sales - is just an addition to this irrevocable.
The same for hotels. Everyone knows that if the booking price is interesting, then as a rule the rate is non-refundable.
Economy-s. Lord.
аватар smolssv
Does the law say anything about the fact that the full cost of the tour was paid in April, and the time of the tour is August. Finding funds with a travel agency for 4 months should reduce the fine?
аватар sigur62
No, it shouldn't.
You bought the tour long before it started, not to let the agency use your money, but only to buy the tour cheaper, that's all.
Humble yourself, and next time do not buy early booking tours, and if you have already bought, go on this tour no matter what.
P.S. I always considered buying a tour more than a month in advance as idiotic. For the sake of saving hundreds of dollars, praying for half a year that nothing happens to yourself, in your family and at work is stupid and ridiculous. I wanted to relax - I went and bought a tour to where I wanted. It's simple and right.
By the way. It often happens that buying a tour two or three weeks before departure (not to be confused with a last-minute tour) is cheaper than the so-called "early booking".)))
аватар HotLine
After confirming the tour, the operator issues an invoice for payment to the agent. The agent must pay it in full within 2-3 banking days.
In a later booking, almost no one plays. Too big risks.
In April, those who responded to an advertisement about early booking prices booked. It really does work. Not 100%, but in most cases the price is lower.
аватар Pachok
"Finding funds with a travel agency for 4 months should reduce the fine?"
No. And on two points at once - the funds were not with the agent, he transferred them to the operator, the presence of funds with the operator should not reduce the fine in any way.
You were rightly advised - you should find out the amount of expenses actually incurred by the agency, i.e. the fine given to him by the operator. Then a request and a claim to the operator, then the court, if the fine is worth it (and something tells me that it's not worth it).
аватар smolssv
The cost of vouchers is 67 tr, a fine of 20 tr. ($600) I'm sorry about the money - I took a loan for a trip.
аватар Alexandr-
The most important thing here is that the ticket was canceled just 2 days before departure ... It will be difficult in this situation. I would say it's impossible.
аватар Oleksii64
A fine of about 30% is a very mild penalty if you refuse within 2 days. I agree with sigur62. I will add that most likely your money from the tour operator also did not lie in a jar - the charter, the hotel were paid for. What can I say, it was necessary either to go or not to book 4 months in advance. It is unlikely that you will return 100%.
аватар Antaleks_Tur
I agree, the fine is more loyal to him! 2 days before the start of the tour + purchase of EB (early booking).
аватар Longer
You yourself took risks by buying a tour in advance, but cheaper. By carefully reading the contract, you could see all the penalties for it. But they did not do this, because. if they read it carefully and disagreed with it, they simply would not have signed it. And once they signed, they agreed to its terms. And the fact that the operator agreed to take only 30% of the fine, I think is very good for you, and this is called a loyal attitude towards the client. They are not to blame for the fact that you did not want to fly, and even more so, it is not their fault that Egypt is now restless. If, according to your logic, TO would return the money on demand, then I think they would quickly go bankrupt, or tours would rise in price significantly, because. the price would include the risks of rejected tours.
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