You are looking forward to your vacation and you have bought a vacation ticket in advance from a travel agency. And then suddenly they changed their minds, or the circumstances changed. Rest is canceled. But the question of refunding money for a service not received is becoming acute.
The calculation of compensation is individual. Lawyers and representatives of travel agencies evaluate refunds for refusal to use the voucher for personal reasons differently.
Representatives of travel companies try to prove to the client that the cancellation penalty and the amount of expenses paid are always withheld from the amount to be refunded, and in general, the failed traveler must prove that the reason for canceling the trip is valid. The tourist, in accordance with the provisions of the law, is entitled to unilaterally refuse the voucher for any reason, and he is obliged to return all the money, except for the expenses already incurred.
Lawyers believe that the wording "excluding expenses already incurred" means: the tour operator is obliged, whenever possible, to make every effort to return already paid expenses. Non-refundable expenses include the cost of the hotel reservation, consular fee, booking a place for the trip.
To determine the amount to be refunded, the question arises of checking the actual expenses incurred. The relationship between costs and the contract is clearly evidenced by the payments made in separate parts that make up the cost of the tour, for example, the visa center, carrier, hotel and other services specified in the contract. Particularly meticulous customers have every chance of recovering sunk costs.
Often the tour operator buys places in the hotel and on the plane in advance, in bulk, without specifying the names of specific people. Travel agencies in contracts may stipulate penalties for the tourist from the fulfillment of the terms of the contract provided by law. Based on this, refusal is not a violation of the terms of the contract, and sanctions are inadmissible.
If the travel agency, when canceling the trip, does not want to reimburse your expenses, you must take the claim made in two copies to the office and ask to make a note of delivery on one of them. If you refuse to put a mark on the claim, it should be sent by registered mail with a list of attachments and notification by mail. The travel agency is obliged to respond within 20 days from the date of receipt of the claim. And if the travel agency still persists, you need to go to court.