Tour operators and airlines

What is happening

The hotel was not what the brochure said: a lower category, building work under the window, the promised beach half an hour's drive away, no transfer. The tour operator says "the hotel confirmed something else", and the agent says it is only an intermediary.

The trip had to be cancelled: a child fell ill, the destination was closed, the tour operator ceased trading. Only part of the money comes back, with "actual costs" withheld that nobody has substantiated.

Air travel: a flight delayed by a day with no hotel, cancelled with an offer to fly three days later, boarding refused because of overbooking, or luggage lost or damaged. The airline replies with a stock letter or not at all.

What the law says

• Under Federal Law No. 132-FZ of 24 November 1996 "On the Fundamentals of Tourist Activity in the Russian Federation" (the Tourism Law), the tour operator is liable to the tourist for every service in the package, whoever actually provided it: the hotel, the carrier or the receiving party.
• A tourist may cancel before departure; the operator refunds the money less the actual costs incurred, which it must prove. Where the competent authorities confirm a threat to safety in the destination, the full price is refunded.
• If the tour operator ceases trading or cannot perform, tourists are compensated from its financial security and personal liability fund; applications have to be made in the prescribed manner.
• Air passengers' rights are governed by the Air Code: for late carriage the airline pays a fine based on the hours of delay and capped at a share of the fare, and compensates losses; during a delay it must provide drinks, meals and a hotel depending on how long passengers wait.
• On a non-refundable fare the money is still returned where the passenger is forced to cancel, for example because they or a travelling family member fall ill, as confirmed by medical records.
• Liability for lost or damaged luggage is limited by the Air Code and, on international flights, by the Montreal Convention for the Unification of Certain Rules for International Carriage by Air; matters they do not cover fall under the Law of the Russian Federation No. 2300-1 of 7 February 1992 "On Consumer Rights Protection" (the Consumer Protection Law).

What we do

• We review the agency contract, booking, vouchers and correspondence to identify who in the operator, agent and carrier chain is liable for the specific breach.
• We help you record breaches on the spot or promptly afterwards: photos, reports and written complaints to the guide and the operator's representative.
• We check the deductions made on cancellation and demand documentary proof of the actual costs.
• We prepare claims to the tour operator, agent and airline and, where the operator has ceased trading, applications for payment from its fund and financial security.
• We calculate the delay fine, losses, the penalty and compensation for distress.
• We prepare the lawsuit and represent you in court at your place of residence.

What we will need from you

• The agency contract, booking request, voucher, e-ticket receipts and boarding passes.
• Proof of payment: receipts, statements, payment slips.
• Photos and video of the hotel, room and beach, and any reports and written complaints made on site.
• Confirmation of the delay or cancellation, the property irregularity report for luggage, and baggage tags.
• Medical records if the trip was cancelled because of illness.
• Correspondence with the agent, operator and carrier, and their replies to your claims.