The court awarded the tourist compensation of more than 180 thousand rubles for inappropriate excursion

The essence of the claims is that the tour was purchased from the guide for a fee, but did not meet the requirements of the tourist. The client was able to win in the second court, the first supported the tour operator, confirming that he would not be liable for services that were purchased separately.

 

According to lawyers, the first court was closer to the interpretation of the law, but the policy regarding dealing with claims of tourists from major tour operators is risky, and the court is likely to support the affected consumer.

 

A traveler with relatives on the island of Phuket for a fee (77 thousand rubles) bought a tour with the aim of visiting the islands of Rock and Ho, but, as it became clear later, they were not included in the route. This was reported during the tour.

 

The tourists did not want to continue the trip, and the head of the family demanded that the guide return the money. In response, a letter was received from Pegasus Touristik, it was reported that the tour purchased in Thailand is not included in the tourist product sold by the travel agent, and the tour operator did not receive funds for it.

 

In Blagoveshchensk, the tourist went with a claim to the city court to the tour operator Pegas Touristik LLC, and demanded to recover the price of the tour, a penalty, compensation for moral damage, penalties for violation of consumer rights. The first court did not satisfy the claim, allegedly the tourist did not prove the purchase of the tour from the defendants or its inclusion in the tour. The tour operator said in court that he does not work in countries of temporary stay, and his staff does not include the position of "guide", "guide guide" and "hotel guide".

 

A resident of Blagoveshchensk filed an appeal against the decision of the court of first instance in the Amur Regional Court. In the document, he refers to the fact that the response to the claim of the guide received from Pegasus Touristik.

 

The Amur Regional Court supported the tourist. The traveler received responses from the tour operator from the e-mail addresses in which the domain of the tour operator is indicated. The court ruled that as the owner of the domain of LLC "Pegas Touristik" is responsible for any actions committed with its use.

The court recovered from the tour operator the price of the tour - 77 118.59 rubles, a penalty of 40,000 rubles, compensation for moral damage 5 thousand rubles, a fine for violation of consumer rights in 45 thousand rubles and court costs in 18 200 rubles.

 

According to lawyers, from the point of view of the law, the previous decision is considered correct, because the tour operator is not actually responsible for the services purchased by tourists in the country of temporary stay. Most likely, the court was guided by justice, but not by a literal interpretation of the rules of law.

 

According to the expert, the reaction of major tour operators from the top 10 to the claims of tourists and agents is not always adequate. For example, a tour operator can change a hotel without warning. In this case, the courts often support the tourist.