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Penalties for a failed trip.
In which case the tourist is obliged to pay a penalty to the travel agency, if he did not travel for a very serious reason. A reservation was imposed on the ticket, they refused 4 days before the trip.
Translated automatically from Russian. View original
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Answers • 48
You have everything spelled out in the contract - the terms of refusal and the amount of payment. If you signed this document, it is the main legal basis, if it does not contradict the Constitution, Codes and Laws of Ukraine. And the penalties do not contradict.
If you did not sign any papers and did not give a written application, then you can not pay anything. If conscience allows :)))) After all, the agent will pay the fine for removing the reservation.
If you did not sign any papers and did not give a written application, then you can not pay anything. If conscience allows :)))) After all, the agent will pay the fine for removing the reservation.
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answered 15 years ago
It's written in your contract. This may be a different amount for different operators.
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answered 15 years ago
The fact is that we did not sign any contracts, we have been using the services of this agency for many years and would not want to let us down and do not want to remain fools. A month has passed today, we were told that we must pay a penalty. The reason was very good.
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answered 15 years ago
That is, the tour was supposed to take place a month ago, and they demand a fine from you today? If no contract has been concluded, and you do not want to spoil relations with the agency, then ask them to show you an invoice from the tour operator for penalties, because. The amount of the fine in practice depends on many factors: the tourist destination, the ability to sell this tour, etc. It can vary from 0% to 100% depending on your turnaround time.
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answered 15 years ago
Rebooking to another person may also be subject to a fee. It is unlikely that anyone here will tell you its size, only the agency. As I understand it, you want to double-check if they are just trying to make money out of the blue?
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answered 15 years ago
It was unexpected for me that this question arose a month later. And so I understand perfectly well that it makes no sense for them to quarrel with me, I bring them a lot of money during the year and plus I bring a lot of clients.
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answered 15 years ago
Maybe they have mutual settlements with operators at the end of the month, and then it surfaced.
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answered 15 years ago
Formally - if there was no contract, then you have no formal obligations for a fine. But, if you refuse, then you will no longer be booked without a contract and prepayment.
In order to check the amount, you can ask to see the original operator's invoice for a fine, or act, or your canceled application on the operator's website (there will be a fine amount).
You can also download the agency agreement of this operator, which he concludes with agents, there is a liability section with a scale of penalties.
Unfortunately, the importance of the reasons for your refusal does not play a role. The operator does not understand the reasons for the cancellation of the tour.
In order to check the amount, you can ask to see the original operator's invoice for a fine, or act, or your canceled application on the operator's website (there will be a fine amount).
You can also download the agency agreement of this operator, which he concludes with agents, there is a liability section with a scale of penalties.
Unfortunately, the importance of the reasons for your refusal does not play a role. The operator does not understand the reasons for the cancellation of the tour.
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answered 15 years ago
After reading the agency agreement, I came to the conclusion that we do not have to pay a fine, it clearly states all the nuances in which the Tourist is exempted from paying a fine, we just fall under this column. Thank you so much for your support and help.
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answered 15 years ago
They demand a certificate from the Chamber of Commerce and Industry, something is not clear, all this with fines ...
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answered 15 years ago
I do not know what to advise you, because the direction where Vi was going to fly is unknown and the "serious" reason for the refusal.
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answered 15 years ago
The seriousness of the refusal falls under the column "actions of the government, other authorities and other force majeure circumstances, the parties are exempted from liability for failure to fulfill obligations." And to fly to Egypt with the whole family, and not one or two family members in the situation ... . not to leave a family member in trouble and go to the sea, especially since our presence was simply necessary here.
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answered 15 years ago
By "actions of the government, etc. ..." is not meant the arrest of a tourist or other special cases, but, say, the introduction of an emergency situation in the country or quarantine. And it is true that the Chamber of Commerce determines to consider force majeure (force majeure circumstances), this is international practice.
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answered 15 years ago
It’s clear, why then write down in the contract these “actions of the government, etc.” if you still need to additionally apply to the Chamber of Commerce and Industry. But in general, in Ukraine there is some kind of regulatory company that settles all issues, as, for example, in Egypt, Turkey, Thailand, tourist police - it just turns out, taking advantage of the insecurity of the tourist, dishonest tour operators rob unprotected tourists. And this is already arbitrariness. It would be reasonable to write in the contract immediately contact such an official and he will issue a verdict to pay you a fine or not to pay. Why veil lawlessness and arbitrariness with legal words. It's not clear to me...
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answered 15 years ago
Something is wrong with you. Did you sign the contract or not?
Ukraine has everything - and the police, and the prosecutor's office, and regulatory authorities, and the licensing procedure for tour business entities. And the law on consumer protection, and the law on tourism and licensing conditions. Believe me, for a competent tourist to withdraw money from the operator will not be particularly difficult. All it takes is time, a little money to come back, and the skilled work of a lawyer.
If you think you are right, no one but the court can force you to do the wrong thing.
But if the case goes to court, you will need to prove that there was an event of "force majeure - extraordinary or inevitable."
Ukraine has everything - and the police, and the prosecutor's office, and regulatory authorities, and the licensing procedure for tour business entities. And the law on consumer protection, and the law on tourism and licensing conditions. Believe me, for a competent tourist to withdraw money from the operator will not be particularly difficult. All it takes is time, a little money to come back, and the skilled work of a lawyer.
If you think you are right, no one but the court can force you to do the wrong thing.
But if the case goes to court, you will need to prove that there was an event of "force majeure - extraordinary or inevitable."
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answered 15 years ago
Why then worry and write about unprotected tourists?
This agency has suffered. They were fined. Otherwise they wouldn't have pulled you.
You don't have to worry. Without a contract, you have no obligations.
This agency has suffered. They were fined. Otherwise they wouldn't have pulled you.
You don't have to worry. Without a contract, you have no obligations.
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answered 15 years ago
What is veiled? Force majeure is a generally accepted and well-known condition, which does not include the private circumstances of individuals. If you are not familiar with this wording or do not know for sure what it means, then you need to sign the contract under the guidance of a lawyer :))
The passage about "they rob unprotected tourists", perhaps, I will leave without comment, otherwise there are no decent words. This agency came into the money because of your PRIVATE family circumstances.
Z.Y. I would like to add that I am just a tourist, but there are some objective things ....
Well, how to write in order to understand? .... Well, you are going to the market, and your neighbor asks you to buy her ... well, let's say 5 kilos of salmon. You buy, bring, and she says, you know, I have force majeure - diarrhea, sorry, I can't eat fish. So I won't take it from you. And you are on hand with this salmon and no money.
Eat a kilo yourself, shove three more with sin in half for a relative and acquaintances, and some kilogram will definitely remain. And you will not ask your neighbor for a fine at least in the amount of this balance, and you will be absolutely right.
The passage about "they rob unprotected tourists", perhaps, I will leave without comment, otherwise there are no decent words. This agency came into the money because of your PRIVATE family circumstances.
Z.Y. I would like to add that I am just a tourist, but there are some objective things ....
Well, how to write in order to understand? .... Well, you are going to the market, and your neighbor asks you to buy her ... well, let's say 5 kilos of salmon. You buy, bring, and she says, you know, I have force majeure - diarrhea, sorry, I can't eat fish. So I won't take it from you. And you are on hand with this salmon and no money.
Eat a kilo yourself, shove three more with sin in half for a relative and acquaintances, and some kilogram will definitely remain. And you will not ask your neighbor for a fine at least in the amount of this balance, and you will be absolutely right.
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answered 15 years ago
As a rule, private individuals go to rest, and imagine they get sick, die, they are robbed ... what falls under the force majeure column? In principle, thank God, I figured everything out, thank you so much for the good advice, they were very useful to me - I will sort out the situation.
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answered 15 years ago
Neighbor has diarrhea.
That is why I forbid my managers to book tours without concluding an agreement and making payment in the amount of a possible fine.
This does not mean that we do not help a tourist if for some reason (force majeure for him) he cannot go. We are trying to sell the tour to other tourists, we insure the tourist against not leaving, in case of financial losses - we give maximum discounts on subsequent purchases. We bargain with the operator - if the flight is closed and the operator has no losses on the flight, then the maximum penalty in our practice is the cost of a day's stay in a booked hotel.
That is why I forbid my managers to book tours without concluding an agreement and making payment in the amount of a possible fine.
This does not mean that we do not help a tourist if for some reason (force majeure for him) he cannot go. We are trying to sell the tour to other tourists, we insure the tourist against not leaving, in case of financial losses - we give maximum discounts on subsequent purchases. We bargain with the operator - if the flight is closed and the operator has no losses on the flight, then the maximum penalty in our practice is the cost of a day's stay in a booked hotel.
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answered 15 years ago
To make it clear to everyone. If the tour is booked and confirmed, then the seats are removed from the flight, i.e. are not available for sale, and the hotel has confirmed the accommodation and no longer offers these meta to anyone. If the plane flew away with empty seats, then this is the operator's loss - he pays the carrier a fixed amount for the flight, which does not depend on the number of seats actually sold. The hotel, after confirming the reservation, issues an invoice to the operator to pay for the stay. And without fines, the application will not be canceled and the money will not be returned.
Therefore, the operator has losses, he transfers them to the agent, the agent to the tourist. This is business. Everyone is independently responsible for their actions.
Therefore, the operator has losses, he transfers them to the agent, the agent to the tourist. This is business. Everyone is independently responsible for their actions.
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answered 15 years ago
It turns out interesting, it means that one of the tourists has problems, as far as I understand with the law, and he cannot fly out - this should be considered force majeure, according to nina-pp, and if the tour operator has the same problems with the law, it will be for him too consider force majeure and refuse to fulfill their obligations? In this particular situation, sorry for the agent who will suffer financially. I had a similar situation a few years ago, when "very friendly" tourists refused to go on a tour for the New Year. I had only 30% prepayment, and the operator set 100%. There was no contract, they were their own tourists, they refused to pay. Instead of a sheepskin coat, I had to pay for it myself. After that, I don’t have “my” tourists with whom I don’t conclude an agreement ...
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answered 15 years ago
The tour was booked by a travel agent, we did not sign an agreement, no money was paid. Penalties begin from the moment the tour is paid, Within three days after booking confirmation for not paying for the tour, it is automatically canceled.
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answered 15 years ago
nina pp,
"what falls under the force majeure column? This is all called force majeure gentlemen ..."
This does not fall under the term force majeure, I already wrote, if you don’t believe me, ask a lawyer.
Your luck is that you did not sign the contract and did not pay money, you can leave everything as it is, but I do not think that this agency will ever serve you again. We have a lot of agencies, you will find another.
For agents, indeed, it is better to work contract-money-booking. And no "friends" when it comes to the amount of more than 10 dollars :)))
Is there a common base of "problem" tourists by any chance?
"what falls under the force majeure column? This is all called force majeure gentlemen ..."
This does not fall under the term force majeure, I already wrote, if you don’t believe me, ask a lawyer.
Your luck is that you did not sign the contract and did not pay money, you can leave everything as it is, but I do not think that this agency will ever serve you again. We have a lot of agencies, you will find another.
For agents, indeed, it is better to work contract-money-booking. And no "friends" when it comes to the amount of more than 10 dollars :)))
Is there a common base of "problem" tourists by any chance?
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answered 15 years ago
I know for sure the list of "problematic" tour operators and travel agents. There is nothing to defame, work honestly and there will be no need to create forums in which there is no truth, but there is an attempt by so-called "tourists" from the tourist business to shield defamatory workers from the industry.
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answered 15 years ago
Well, thanks for the advice.
By the way, automatic cancellation does not exempt from paying a fine. Moreover, a good travel agent could pay with his own money.
But why am I explaining? A neighbor's diarrhea is more important than future relationships and remorse. She has already found an excuse for herself - they defame her and everyone works dishonestly.
The most unpleasant thing is that not even the agent will suffer, but the manager who wanted to do well to a regular tourist will be punished. Read the example above.
By the way, automatic cancellation does not exempt from paying a fine. Moreover, a good travel agent could pay with his own money.
But why am I explaining? A neighbor's diarrhea is more important than future relationships and remorse. She has already found an excuse for herself - they defame her and everyone works dishonestly.
The most unpleasant thing is that not even the agent will suffer, but the manager who wanted to do well to a regular tourist will be punished. Read the example above.
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answered 15 years ago
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