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Tour Cancellation
What to do if the travel agency announced the amount of a fine of 30 dollars. per person, we are 4 people. We applied for cancellation literally the next day after the confirmation of the tour. (on the same day that the payment was made, the agency filed a cancellation request for the next day .. More than 30 days before the start of the tour. I read on the Sanmar website that if the cancellation took place within 72 hours after booking confirmation, then there should be no penalty at all./- If the Application is booked 30 days or more before the start date of the tour and the refusal was received from the Travel Agent within 72 hours from the date of its confirmation by the Tour Operator;/.If more than 72 hours then 10 dollars from the tour, but $ 120 is too much. Do we have the opportunity to somehow defend a more reasonable amount of the fine? And how to do it. Thank you! And we also booked this tour with this operator from another agent (made an advance payment), you can somehow speed up, or the operator himself can transfer money from one tour to another.Thank you!
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Answers • 22
I had the same question. I called the travel agency with the same question and they called me the same fine of $ 30 per person, and I still have about 2 months before the trip. I calculated everything and decided "not to change my watch for shorts." Maybe there will be a win of a couple of thousand, but the nerves will shake !!!
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answered 9 years ago
Ask your agent to show you the penalty you will be charged for canceling the tour. It is set by the operator. Also carefully read the contract with the agency, if you signed these "rejected" 30 bucks there, then nothing can be done, you will have to pay. If no amount is specified in the contract, then demand a fine set by the operator. The agency is obliged to provide you with this data.
No one in Sanmar will deal with your problem and transfer money from one application to another. This is your problem with the agency.
No one in Sanmar will deal with your problem and transfer money from one application to another. This is your problem with the agency.
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answered 9 years ago
So...and I'm wondering, because of what amount did you decide to rebook in another agency? And why, having paid for a tour in one agency, the next day you already make an advance payment for an analogous tour, but with a different agency? Forgive me, but a proverb immediately comes to my mind .... you know who pays twice?
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answered 9 years ago
It is useless to fight with a travel agency. They are fined by the tour operator. you can find the truth only in court, and that is not a fact. She herself was in a situation that she had to rebook the hotel at Teza, because. the new hotel that Tez sold me just didn't open))) And Tez didn't even notify me about it!!!! They also ripped off a fine from me, 40 bucks from me and a small child))))
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answered 9 years ago
all fines are described in your contract with the travel agency. Read carefully what you signed.
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answered 9 years ago
I completely agree with galja20. There is no point in crying and no matter how much, who and where books and pays.
You must have a contract in hand. All answers are in it. You signed it. Check it out in detail with all the footnotes. I'm sure there are penalties. They can be either in a fixed amount or as a percentage of the cost of the tour, and as a rule, they are also tied to terms. The closer to departure, the greater the fine. So neither the court nor our discussion of this issue here will help you.
If penalties are not specified in your contract. Then you are absolutely not interested in whether the operator has set a fine for the agency or not. This is already a hit of the agency due to the illiteracy of its legal department. (but that's unlikely)
You must have a contract in hand. All answers are in it. You signed it. Check it out in detail with all the footnotes. I'm sure there are penalties. They can be either in a fixed amount or as a percentage of the cost of the tour, and as a rule, they are also tied to terms. The closer to departure, the greater the fine. So neither the court nor our discussion of this issue here will help you.
If penalties are not specified in your contract. Then you are absolutely not interested in whether the operator has set a fine for the agency or not. This is already a hit of the agency due to the illiteracy of its legal department. (but that's unlikely)
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answered 9 years ago
I read the contract, but did not sign it, they just managed to send it to me by e-mail for signing and I have to send it back with a signature until I signed it. I managed to send only part of the money and realized that I didn’t want to get involved with such an agency, I had a complete distrust of the agency. This agency was recommended by my friend, for starters they promised me discounts, the hotel was booked in a hurry, because we were afraid we would not be in time with the price change. And as soon as I paid part of the amount, I started to recalculate and realized that there was no promised discount at all, I have them asked me to send the application number so that I could see the status of the application on the Sanmar website, but in response they said that this was classified information. When I called my old agent, the difference to my hotel was 20 thousand, and they also wound up fines. And then I decided to change the agency. Of course, now I regret that I made a mess, the hassle is still the same, but there is no return and I would like to return the money with minimal losses and minimal terms.
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answered 9 years ago
If the contract is not signed on your part, then it is good for you. When communicating with representatives of the agency, try to behave without emotions, only facts. You have no obligations to this agency. They have no reason to demand anything from you. (This is a big mistake of the agency)
In this situation, you have very high chances to solve all the problems in your favor. But without understanding everything in detail and not knowing the documents that you have in your hands from the agency and signed by you in the agency, it is not realistic to give competent advice.
Naturally, by documents, I mean pieces of paper where there are living signatures and seals.
Why did you make the first payment? Do you have something on hand? (check receipts), etc.
In this situation, you have very high chances to solve all the problems in your favor. But without understanding everything in detail and not knowing the documents that you have in your hands from the agency and signed by you in the agency, it is not realistic to give competent advice.
Naturally, by documents, I mean pieces of paper where there are living signatures and seals.
Why did you make the first payment? Do you have something on hand? (check receipts), etc.
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answered 9 years ago
For now, you can start acting as impudently as the agency employees tried ..
Write them a request in free form - Ask them for an official demand for a fine imposed on you. (request in 2 copies. Yours should have their mark on acceptance of the request with the date)
The answer must necessarily indicate on the basis of what (agreement, etc., which clause, etc.) this fine was imposed.
In words, say that your lawyer is preparing documents for filing in court. Since your annual leave is disrupted due to a non-refund, you will be asking for a full refund, payment of legal costs and compensation for the inconvenience caused and the loss of vacation.
Clever wording is not needed here. You are just a client, and you have someone competent is already dealing with this issue.
As soon as they realize that they have no real leverage on you, there is no contract with your signature. All preliminary conversations, promises, intentions on your part are nonsense. We need a document, but as I understand it, the agency does not have it. most likely they, though scratching their teeth, will quickly return the money.
Write them a request in free form - Ask them for an official demand for a fine imposed on you. (request in 2 copies. Yours should have their mark on acceptance of the request with the date)
The answer must necessarily indicate on the basis of what (agreement, etc., which clause, etc.) this fine was imposed.
In words, say that your lawyer is preparing documents for filing in court. Since your annual leave is disrupted due to a non-refund, you will be asking for a full refund, payment of legal costs and compensation for the inconvenience caused and the loss of vacation.
Clever wording is not needed here. You are just a client, and you have someone competent is already dealing with this issue.
As soon as they realize that they have no real leverage on you, there is no contract with your signature. All preliminary conversations, promises, intentions on your part are nonsense. We need a document, but as I understand it, the agency does not have it. most likely they, though scratching their teeth, will quickly return the money.
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answered 9 years ago
Yes, the situation. They are required to submit your application. If not, feel free to write to sanmar, or call and find out everything yourself. It's all possible.
If you have not signed the contract, then you will only be subject to the fines of the sanmara. Threaten the agency that you will come with a lawyer and I think that in such an agency you can always find something to complain about. And you need to start with the fact that they should not have booked a tour without signing a contract.
If you have not signed the contract, then you will only be subject to the fines of the sanmara. Threaten the agency that you will come with a lawyer and I think that in such an agency you can always find something to complain about. And you need to start with the fact that they should not have booked a tour without signing a contract.
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answered 9 years ago
Together with the contract, they sent a receipt for payment, and also in the contract itself it is written, the cost of the tour, how much is paid and how much is due. And the payment was made on the basis of an oral agreement with the agent, she told me, as soon as there is confirmation, we immediately pay 50%, the rest of the amount in three days.
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answered 9 years ago
But a bad outcome is also possible. In a couple of days, the name Chamomile may appear on the site of a travel agency with the name Cornflower. Even with the same employees. Then it will not be realistic to return the money, unless, of course, they were transferred to the operator. Opening an agency today is quite easy. It is not uncommon for different seals on documents to be placed under one sign. They look at you and if they understand that you are competent, then they will not take risks and will do everything right, and if they understand that you are inattentive, fussing, insecure, then in the end you will be taken to another legal entity. While everything is fine, not many of us look at the seals and at the details, and when they see Chamomile 21 or Chamomile XXI on the seal, they will think that this is the same thing. After all, the tax office, the bank, and the legal address can be the same. In reality, they are two completely different companies. And after the cancellation of checking the names of firms, organizations with the name Chamomile 21 can be as many as you like. This is not prohibited by law. A very significant part of the agencies works, roughly speaking, in the black. There are enough schemes that allow you to send a tourist and not pay a penny to the budget, as if he was not at all in this agency.
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answered 9 years ago
My opinion is that you should not have transferred money without a bilateral Agreement, there was no reason for this. It turns out that you and the Agency work on trust - they booked a hotel, and you transferred the money. Now you are letting your TA down, as they will most likely pay a fine. So, honestly, you are wrong. We must first decide, and then ask to book. There are such people, they rush about, change their minds, but do not want to be extreme. Do not be offended, but you are wrong and you have to pay.
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answered 9 years ago
I called Sanmar and described the situation, they told me from whom they bought the tour all the questions for them, if they took it from us directly, then we would solve this issue with you. And they also said that there is an agency agreement with the operator, where fines are prescribed. That's just on the Sanmar website, I read that if the cancellation occurred within 72 hours, then there is no penalty at all, and if more than 30 days, then 10% of the tour.
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answered 9 years ago
If the receipt does not contain information that this was done on the basis of contract No. .... From….
And just an advance payment or partial payment of Ivanov II the amount ... for the tour ....
Then you have no obligation to them.
You can safely say that you were misinformed, fraudulently forced to pay ..... That money is being extorted from you (the amount is not important), it is not clear on what basis. What are you planning to go to the police with a statement, etc.
And just an advance payment or partial payment of Ivanov II the amount ... for the tour ....
Then you have no obligation to them.
You can safely say that you were misinformed, fraudulently forced to pay ..... That money is being extorted from you (the amount is not important), it is not clear on what basis. What are you planning to go to the police with a statement, etc.
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answered 9 years ago
I don’t mind, and I don’t want to set anyone up, I’m ready to pay after the fact. agency expenses. They did not pick up a hotel for me, I just asked to book. It turns out expenses - booked, and received money. It seems to me that they have not yet transferred the money to the operator, because they probably expected full payment from me. And then I paid for it one day and immediately asked for an annulment in the evening.
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answered 9 years ago
There can be no fines against you from Sanmar. According to the situation you described, in a sense, you framed the agency. The agency, not having an agreement with the client, began to do something.
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answered 9 years ago
Don't take this setup personally. This is not the literacy of the agency staff. The client should not know the intricacies and specifics of the work of a travel agency. If there was an agreement, you would be wrong; if there is no agreement, the agency is not right.
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answered 9 years ago
Thank you for giving me some confidence and hope!
It seems to me that if the agency had initially behaved more modestly, maybe there would have been no cancellation, otherwise they are looking for benefits from everything, and, as it turns out, they themselves have bird rights
It seems to me that if the agency had initially behaved more modestly, maybe there would have been no cancellation, otherwise they are looking for benefits from everything, and, as it turns out, they themselves have bird rights
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answered 9 years ago
Dear representatives of the tour business, do not be angry with me for my advice to Svetlana today. I just described my vision of the process. Everyone should work well with quality and with soul. And everything will be fine.
If I were a representative of this travel agency, then no offense to Svetlana. Even at this stage, and with all the information that Svetlana already owns, I am almost sure that he would have divorced her both to sign the contract and to pay a fine.
And the court would recognize my case in case of problems
If I were a representative of this travel agency, then no offense to Svetlana. Even at this stage, and with all the information that Svetlana already owns, I am almost sure that he would have divorced her both to sign the contract and to pay a fine.
And the court would recognize my case in case of problems
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answered 9 years ago
TA booked the hotel at the request of Svetlana, and not on her own initiative. If Sveta TA did not like it, then why ask to book? I think that the Agency took an advance payment to insure against refusal. As you can see, Svetlana is not alone, others had it too. I can't imagine that I could do this with my TA. Sveta! Of course, sorry for the money. But think well, maybe we can talk in a peaceful way, without swinging rights. There is a boomerang law. Don't ruin your holiday for just $60. Here is more of your mistake.
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answered 9 years ago
in legal practice, it often happens that contractual relations between the parties are considered to be such that they have come from the moment the contract was signed OR FROM THE MOMENT WHEN THE PARTIES BEGAN TO PERFORM THEIR obligations. In your case, the travel agency booked a hotel for you and you confirmed your intentions by making a payment. So you agreed with the terms and entered into a contractual relationship with the agency. So the court will take that into account.
in principle, I am a lawyer from Ukraine, maybe in Russia it is somehow different, but the basics of civil law are the same everywhere. Also, if, for example, the relationship is not regulated by the contract, all disputes are resolved by the courts according to the civil code.
It’s better for you to keep yourself confident now and hope that the agency will fall behind and return the money, otherwise you will spend more money and nerves in the courts.
Sorry for the mistakes, Russian is not my native language. Happy vacation!
in principle, I am a lawyer from Ukraine, maybe in Russia it is somehow different, but the basics of civil law are the same everywhere. Also, if, for example, the relationship is not regulated by the contract, all disputes are resolved by the courts according to the civil code.
It’s better for you to keep yourself confident now and hope that the agency will fall behind and return the money, otherwise you will spend more money and nerves in the courts.
Sorry for the mistakes, Russian is not my native language. Happy vacation!
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answered 9 years ago