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The court rejected tourists who decided to earn 300 thousand rubles from a tour operator

A family from Engels tried to return money from a tour operator and travel agent for a ruined vacation, or more precisely for a day of vacation at the resort, which was lost due to two flight delays. The tourists estimated the cost of this day at 30 thousand rubles, but the total amount of the claim sent to the Engels District Court turned out to be much more significant – about 300 thousand rubles. In it, citizen P. included penalties for “violations of the terms of service provision, that is, for late planes (about 70 thousand rubles), a fine, as well as compensation for moral damage in the amount of 150 thousand rubles.

In her complaint, the tourist relied on the laws on “Protection of Consumer Rights” and “On the Fundamentals of Tourism Activities in the Russian Federation”, according to which, in particular, “responsibility to the tourist and (or) other customer for non-fulfillment or improper fulfillment of obligations under the contract for the sale of tourist tourism product” is borne by the tour operator.

However, the district court did not satisfy the claim, and the Saratov Regional Court later confirmed that this decision was lawful. Representatives of the Red Wings airline, which participated in the process as a third party, managed to prove that the charter delays were caused by objective reasons. In the first case, the plane took off 4 hours late due to a technical malfunction (incorrect indication of the amount of fuel in the aircraft), in the second the delay was 7 hours, and the cause was thick fog. The court cited the provisions of the Air Code of the Russian Federation, aviation regulations approved by the Ministry of Transport, as well as internal instructions of the airline, which confirmed that the carrier acted in accordance with the law. “The delay in delivering passengers to their destination on the dates established by the contract of carriage is a consequence of the carrier’s compliance with the safety conditions of the aircraft’s flight, as well as the elimination of the risk of threat to the life and health of passengers,” the court’s decision says. And here is an important legal point. As noted in court, special norms of transport legislation take precedence over the norms of the law “On the Protection of Consumer Rights”, which the tourists referred to.

In addition, the court did not find confirmation of the fact that the tourists lost exactly a day of rest, as they stated. The author of the complaint’s reference to this is untenable, since “the number of days and nights specified in the contract for the sale of the tourism product and the reservation application was not reduced, the arrival date and departure date did not change.”

At the end of May, Rospotrebnadzor issued an explanation about what tourists who purchase a tour need to know, what the contract should be, and who to file claims with if the vacation went according to an unplanned scenario.

Source: Tourdom

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