Telegram – Legal News-Tourism channel has prepared for travel agents and tourists a Legal note – termination of the contract due to a significant change in circumstances.
The call of a tourist (customer) for military service can formally refer to a significant change in the circumstances from which the parties proceeded when concluding the contract.
The law (Art. 10 FZ-132) refers to significant changes in the circumstances from which the parties proceeded when concluding the contract, in a number of other points:
“impossibility of a tourist to make a trip due to circumstances beyond his control (tourist illness, refusal to issue a visa and other circumstances)”.
A call for mobilization is a circumstance that does not allow a tourist to make a trip, which gives reason to demand a change (date, composition of participants, composition of services, etc.) or termination of the contract for the sale of a tourist product.
The consequences of terminating the contract are at the discretion of the parties.
In this situation, most tour operators, airlines and hotels are meeting tourists halfway, if possible, they calculate a refund for purchased tours or air tickets without deductions, or, at the request of tourists, rebook services for other tourists or change departure dates.
The actual possibility of a refund of the full cost of the tour depends on the period of cancellation of the trip, the fare conditions of the carrier, hotel, individual service providers and other features of a particular tour product.
The law establishes certain rules for the reimbursement of actual expenses incurred in order to fulfill the contract, in particular:
- clause 2 of article 781 of the Civil Code of the Russian Federation “In the case when the impossibility of performance arose due to circumstances for which none one of the parties does not respond, the customer reimburses the contractor for the expenses actually incurred by him, unless otherwise provided by law or the contract for the provision of services for compensation.
- Clause 3 of Article 451 of the Civil Code of the Russian Federation “When terminating a contract due to materially changed circumstances, the court, at the request of either party, determines the consequences of terminating the contract, based on the need for a fair distribution between the parties of the costs incurred by them in connection with the execution of this contract.”
- Article 32 of the Law on the Protection of Consumer Rights “The consumer has the right to refuse to execute the contract for the performance of work (provision of services) at any time, provided that the contractor pays the costs actually incurred by him, related to the fulfillment of obligations under this contract.”
Termination of the contract should be formalized by an additional agreement to the contract upon a written statement of the tourist (customer) about the impossibility of making a trip, with copies of supporting documents attached.
If the tourist (customer) left the place of duty and cannot personally apply to terminate the contract and return the money, the refund can be made to a third party upon presentation of a power of attorney* to receive the money.
*In accordance with Article 185.1 of the Civil Code of the Russian Federation, powers of attorney issued by citizens can be certified by a notary public or by the commander (chief) of the relevant military units, formations, institutions.