Unreliable representatives of the tourist market. How to recognize them and how to protect yourself from them
A prerequisite for the emergence of negative public opinion about the conscientiousness of the participants in the tourism market was the unjustifiably risky policy of some tour operators to fulfill their obligations. So, for example, some tour operators, having unfulfilled obligations to service providers (hotels, airlines, etc.), continue to sell a tourist product without being able to provide it. A solution was found, and tour operators today, taking money from tourists for a tour, for example, provided in three months, pay for the services included in the tourist product for tours that will take place, for example, in a week for other tourists. The tour operator's calculation is aimed at ensuring that the flow of tourists to it will not dry out. However, as we can see, potential tourists use the services of tour operators or travel agencies less and less to organize their travels. The consequence of this is the fact that the tour operator does not have money to pay for services to suppliers and, as a result, the trip is interrupted through his fault. Perhaps this is not deliberate actions to seize money from tourists, but these actions have a huge impact on the population's distrust of representatives of the tourism industry..
Of course, there are also outright scammers, i.e. organizations that were created for a short time only for the sake of taking over tourists' money by deception (abuse of trust). Trying to collect money from such organizations in court is at least ineffective. Here you need to immediately contact the internal affairs bodies with a statement about the fact of committing fraudulent actions.
The first thing to do before entering into a contractual relationship with a certain representative of the travel industry is to look at reviews about him on the Internet. Do not forget that reviews are usually left by dissatisfied tourists. those who have had a successful trip are usually in no hurry to cover the event in the media. The second thing to do is to study Art. 10 and 10.1 of Federal Law No. 132 «about the basics of tourist activities in the Russian Federation», where a list of essential conditions is spelled out, which must be displayed in the agreement on the sale of a tourist product. The activities for the sale of the tourist product are controlled by the bodies of Rospotrebnadzor, which, in case of non-compliance of the contract with the law, bring the travel company to administrative responsibility. Reliable travel companies usually avoid problems with supervisory authorities.
Also, you should pay attention to the cost of a tourist product, if it is much lower than that of other travel companies, do not flatter yourself and think that you have been given a discount. Usually, excessively low prices for travel services are a way to lure gullible customers..
In accordance with clause 9 of the Decree of the Government of the Russian Federation of July 18, 2007 No. 452 "On approval of the Rules for the provision of services for the sale of a tourist product", at the request of the consumer, the travel agent provides the consumer with information on the essential conditions of the contract concluded between the tour operator and the travel agent selling the tourist product formed tour operator. Thus, as soon as you find out the tour operator who will provide you with travel services, it will not be superfluous to ask the travel company for information on the essential conditions of cooperation between the latter and the tour operator. If representatives of a travel company begin to move away from providing such information, this is already «wake-up call», since there is no possible cooperation between the travel agency and the tour operator specified in the contract, there is no such thing.
Also, online «Internet» on the official website of Rostourism, there is a register of tour operators in the public domain. A tour operator not included in the specified register does not have the right to engage in tour operator activities. The absence of a tour operator in the register of tour operators is a good reason to refuse to buy a tour. Moreover, at the moment there is a register of travel agents that sell a tourist product formed by a tour operator. Travel agents join it voluntarily. The presence of a specific travel agent in the register of travel agents - gives reason to believe that the travel agent is acting in good faith.
If you have already entered into an agreement, then it is worth taking the time to call the hotel / host company in advance in order to clarify information about the payment for accommodation. So, for example, in LLC «Legal agency Persona Grata» a tourist addressed with a description of the following situation: The tourist entered into an agreement with the company «Collection of the World» for the provision of accommodation services in Abkhazia. The tickets were purchased by the tourist herself. Approximately 4 days before the start of the services, the director of this travel company stopped communicating and was constantly absent from the office, despite an agreement with the tourist to discuss the organization of a transfer from the airport to the accommodation facility. The tourist was alarmed by this turn of events, and she decided to call the receiving company directly to refine the possibility of providing services. The representative of the host company explained that the reservation for this tourist was canceled, and the money was returned to the card of the director of the said travel company.
Based on this situation, as a recommendation, I advise tourists, in case of the slightest concern regarding a travel company, to spend time and clarify the possibility of providing services directly from service providers. So, you will be able to minimize possible losses that may arise as a result of unfair actions of participants in the tourism market.
Vadim Pogorelov,
Lawyer of the Claims Department
LLC "Legal Agency Persona Grata"
