Question

Туристы приобрели турпродукт с размещением в стандартном номере в отеле 3*. При заселении в отель туристы были поставлены в известность сотрудником отеля о том, что туроператор не рассчитался с отелем за размещение, и они смогут разместиться только при условии оплаты размещения на месте по ценам отеля. Туристы связались с представителем принимающей стороны и узнали о банкротстве своего туроператора. • Имеет ли право турист в данной ситуации на возврат своих расходов по оплате туристского продукта или непредоставленных услуг? • За чей счет и в каком размере будет произведен возврат или компенсация? • От каких условий это будет зависеть? • Какие нормативные документы регулируют ответственность сторон в такой ситуации?

Answer 1

Ответ:

1) Да

2) За счёт страховки 100%

3) От договора

Answer 2

Rights of the Tourist in the Given Situation

In the given situation, where tourists have purchased a tour package with accommodation in a standard room at a 3-star hotel, but upon check-in, they were informed by the hotel staff that the tour operator did not settle the payment for the accommodation, and they would have to pay for the room on-site at the hotel's rates, the tourists have certain rights.

The rights of the tourist in this situation may include: 1. The right to receive the services they have paid for, which includes accommodation in a standard room at the hotel. 2. The right to be informed about any changes or issues related to their tour package, such as the tour operator's failure to settle the payment with the hotel. 3. The right to seek compensation or refunds for any additional expenses incurred due to the tour operator's failure to fulfill their obligations.

Responsibility for Refunds or Compensation

The responsibility for refunds or compensation in this situation may depend on various factors, including the terms and conditions of the tour package, local laws and regulations, and the specific circumstances of the case.

The possible parties responsible for refunds or compensation may include: 1. The tour operator: If the tour operator has declared bankruptcy, as mentioned by the tourists after contacting the local representative, it may be challenging to obtain refunds directly from the tour operator. However, depending on the local laws and regulations, there may be provisions for compensation or refunds from a travel guarantee fund or insurance that the tour operator may be required to have. 2. The hotel: Since the hotel has already informed the tourists about the tour operator's failure to settle the payment, it is possible that the hotel may require the tourists to pay for the accommodation on-site. However, if the tourists can provide evidence of their payment to the tour operator and the hotel has a contractual relationship with the tour operator, the hotel may be willing to negotiate a solution or seek compensation from the tour operator.

Conditions for Refunds or Compensation

The conditions for refunds or compensation in this situation may vary depending on the specific circumstances and the applicable laws and regulations. Some possible conditions that may be considered include:

1. Proof of payment: The tourists may need to provide evidence of their payment to the tour operator, such as receipts or bank statements, to support their claim for refunds or compensation. 2. Contractual agreements: If there is a contract between the tourists, the tour operator, and the hotel, the terms and conditions of the contract may determine the rights and obligations of each party in case of payment issues or bankruptcy. 3. Local laws and regulations: The applicable laws and regulations of the country where the tour package was purchased or the services were provided may also play a role in determining the rights and responsibilities of the parties involved.

Relevant Normative Documents

The specific normative documents that regulate the responsibilities of the parties involved in such situations may vary depending on the country and jurisdiction. However, some general documents and regulations that may be relevant include:

1. Consumer protection laws: These laws aim to protect the rights and interests of consumers, including tourists, and may include provisions for refunds, compensation, or other remedies in case of service failures or breaches of contract. 2. Travel agency regulations: Many countries have specific regulations governing the operations of travel agencies and tour operators, which may include requirements for financial guarantees or insurance to protect consumers in case of bankruptcy or insolvency. 3. Contractual agreements: The terms and conditions of the contract between the tourists and the tour operator, as well as any agreements between the tour operator and the hotel, may also be relevant in determining the responsibilities and liabilities of the parties involved.

Please note that the specific application of these normative documents may vary depending on the jurisdiction and the specific circumstances of the case. It is advisable for the tourists to seek legal advice or consult relevant consumer protection agencies or organizations in their country for more specific guidance in their situation.