Following the imposition of quarantine and travel restrictions, tour operators are unable to provide services to tourists. As a result, they are, for the most part, refusing to refund their customers, citing force majeure.
At the same time, tour operators are not taking the customers’ money at all, but are offering alternative tour dates—albeit at a higher price.
Are such actions by tour operators legal?
A number of regulatory acts have now been adopted in Ukraine that recognize the imposition of quarantine and travel restrictions as force majeure circumstances. As a general rule, when force majeure circumstances arise, the parties are exempt from liability.
Tour operators rely on this logic, arguing that since force majeure has occurred, they cannot provide services to you and therefore bear no liability.
However, Ukraine’s Law “On Tourism” states the opposite: a tour operator or travel agent has the right to refuse to fulfill a contract only on the condition of fully compensating the customer for losses confirmed in accordance with established procedures and caused as a result of the contract’s termination.
Furthermore, this same law prohibits tour operators from raising prices, with exceptions that do not apply to this case.
In other words, by violating the law, tour operators are simply minimizing their own losses at the customer’s expense. Of course, this is only true if the customer is familiar with the law.
In light of this, the BARRISTERS legal team offers its assistance to tour operators’ customers in disputes regarding refunds for tours that were not provided. First and foremost, our attorneys will provide a free online consultation on these matters.
Based on the results of the consultation, the client may be advised to take a number of steps aimed at protecting their rights. BARRISTERS’ attorneys will handle communications with the tour operator and will ensure, in particular, the following:
1. Representing the client’s interests if the tour operator changes the terms of the contract, particularly in the event of a change in the date and/or cost of the tour (drafting documents, participating in negotiations).
2. Compelling the tour operator to refund the full cost of the tour to the client without filing a lawsuit.
2. Ensuring that the tour operator provides an equivalent tour at no additional cost.
4. Filing a lawsuit against the tour operator to recover the full cost of the tour, as well as attorney’s fees and compensation for emotional distress.
Dear friends! Contact BARRISTERS to protect your travel rights! An initial online consultation is provided free of charge.
+380 (98) 589 47 10
http://www.pushit.space