Tourists should nobodyTourist agencies, that is retail sellers of tourist services, at refusal of the client of round should return completely all paid sum, recognised the Supreme Arbitration Court of the Russian Federation (YOU). Thus tour operators, direct organizers of trips, have the right to keep actually incurred expenses from agents.
the presidium YOU has considered yesterday dispute between Open Company “ RLP - Fair “ and Open Company “ Aternum “. This business was in advance proanonsirovano as “ a question on balance of the rights in the market of tourist services “. As appears from a business card, in January, 2010 of Open Company “ RLP - Fair “ for the general director and his wife has ordered in tourist agency “ Aternum “ a trip to Karlovy Vary for 451 thousand rbl. “ Aternum “ has reserved this round at the operator “ Bohemia Service “. The customer has completely paid service, but then has refused a trip. The agency has returned to the client only 391 thousand Rbl., having referred on concluded with the company “ Bohemia Service “ the agency contract. On it the penalty of 15 % is raised from agency at refusal of already confirmed round. Besides, “ Aternum “ appealed and to the contract concluded already directly from Open Company “ RLP - Fair “: at annulment of round the customer is obliged to compensate all actually incurred expenses, including penal sanctions, to tour operator. “ RLP - Fair “ has addressed in arbitration court of Moscow which recognised correctness of the claimant. The appeal instance has supported tourist agency, and cassation - again on Open Company party “ RLP - Fair “. Presidium YOU, considering this case case, yesterday also has supported the customer of tourist service.
the Arbitration court of Moscow and Federal arbitration court of the Moscow district considering the appeal recognised that the penalty paid by agency to tour operator is not the actual expenses suffered in connection with rendering of services to the customer of round. At the customer, have reminded courts, there is a right to refuse service which is provided by norms of item 782 of the Civil code (GK) and law item 32 “ About protection of the rights of consumers “.
Mentioned article GK means that at refusal of the customer of the contract vozmezdnogo rendering of services to compensation to the executor are subject “ those actual expenses which are suffered with a view of execution of the contract till the moment of refusal of it “. But the penalty has been paid tour operator by agency already after the client has refused a trip, have underlined courts.
It is approach very extended in courts at a resolution of disputes with tourist agencies of clients - physical persons, the head of the legal commission of the Russian union of the tourist`s industry (RST) George Mohov recognises. Thus the tour operator has the right to collect all penal sanctions fixed in the contract from the agency. Such is specificity of the today`s tourist legislation: retail sellers - the most vulnerable link in a chain the client - agency - the tour operator, summarises mister Mohov.
At a large agency network court in a year can reach 15 - 20 cases connected with refusal of a trip, the head of one of travel agencies estimates. Cases of refusal of the client from already paid round not so are extended, time in ten thicket a trip breaks from - that refuse to the tourist the visa, Sergey Agafonov, the general director of the company " ascertains; the Chain store system of burning permits “ (more than 500 franchajzingovyh offices in Russia, Belarus and in Ukraine). But, recognises a top - the manager if the tourist was not insured from refusal of round, the refund always turns to a problem.
registration by the retail seller of contracts with consumers not on its own behalf, and for and on behalf of tour operator could become an exit from this situation, according to mister Mohova. Such requirement was provided in brought in last year deputies of the State Duma amendments to the law “ About bases of tourist activity in the Russian Federation “. The bill have accepted in the first reading, but the second and the third - have been postponed: branch associations have considered the amendment equivalent to serfdom introduction in tourism. RST and Association of tour operators of Russia have warned that operators, wishing to secure itself against claims of tourists, will work only with the selected checked up agencies therefore from the market many firms will be compelled to leave.
now tourist retail almost is not regulated in any way: After cancellation of its licensing in 2007 the exact number of agents working in the market is not known even. Tour operators according to the branch legislation are obliged to have a financial guarantee and to be registered in the federal register which conducts Rosturizm. For yesterday in the register 40 operators of exit tourism with a guarantee on 100 million rbl., 41 - on 60 million rbl. and 2,132 thousand - on 30 million rbl.
have been registered