The court supported tourists: the tour operator will return the money for the failed trip to Egypt
Brosky court (Nizhny Novgorod region) supported the couple in the court proceedings with the tour operator to recover the cost of the tour and losses associated with the suspension of flights from Russia to Egypt in November 2015. According to the judicial authorities, the tourists appealed to the Borsky City Court with a claim for the protection of consumer rights, deciding that their rights as consumers of tourist services were violated by the tour operator.
The couple asked the court to terminate the contract on the sale of a tourist product and receive money for the tour, compensation for moral damage, a fine in favor of the consumer. The name of the tour operator cannot be disclosed.
The contract on the sale of a tourist product for holidays in Egypt, the city of Sharm el Sheikh concluded the plaintiff and the defendant in the autumn of 2015. The trip was scheduled for the end of November 2015, paid in full. In 2015, the country of the pyramids was closed, and the service was not provided.
“The plaintiff submitted a claim to the tour operator seeking termination of the contract and refund of the money paid. In response, the tour operator canceled the application without penalties, but the money was not returned. Since the circumstances indicating the occurrence in the country (place) of temporary stay of tourists, threats to the safety of their life and health arose before the start of the trip, the court concluded that the consumer with whom the contract was concluded should be returned by the tour operator the money received by the tour operator in payment for the tour, the court said. When the court satisfied the requirements of the consumer established by law, the court recovered from the defendant for non-compliance with the requirements of the consumer voluntarily fine in favor of the consumer.
As a result, the court terminates the contract on the sale of the tourist product and recovers from the tour operator in favor of the plaintiff money for the tour in the amount of 56,206 rubles, compensation for moral damage in the amount of 3000 rubles, a fine in favor of the consumer in the amount of 29,603 rubles, and only 88,809 rubles.
The decision has not yet entered into legal force.
Source: tourprom