Return holiday!
Return holiday!
Yes, alas, happens. Were mistaken with a tour agency choice, and as a result
The four-stars hotel has appeared the lop-sided barrack without hot
Waters, but with cockroaches (it is good still, what not with spiders - they after all and
Poisonous happen).
And there was it not "on the beach" as it was promised, and in three
Kilometres from the sea. Well, and other in the same spirit.
Certainly, the spoilt holiday you will not return back. But it is possible
To try though somehow to compensate the suffered damage. For
Creations of strong base we will begin with the worst, we will make the claim
Petition. Its basis - a summary of in what were
Your rights are struck and promises of firm serving you are broken.
Then on this basis we will write the claim actually to firm and very much
Can be, that the statement of claim and is not required.
The remark the first. Forget all sweet promises, which you
Heard. Only that is written in yours now matters
The contract with tour agency. The advertising as a last resort will fit
Hotel prospectuses in which you have lodged, etc. It, the truth,
Not the best variant, for in case of proceeding,
First, slows down business, secondly, gives to tour operator
Possibility to prove, that he "honesty was mistaken".
The remark the second. In the most careful image read the text
Contracts. Actually, it was necessary to do it before it
Signing, but nevertheless. To you promised "hotel with a view of the sea", and to
Waters it was necessary to stamp half an hour? If coast flat, the such
The combination is quite possible. And if from your hotel the sea all the same
It was visible, at least in the distance - the firm has executed treaty provisions and,
Alas, to take offence there is nothing. And here if to you promised (in writing)
"The beach in five minutes of walking is absolutely an another matter.
Or residing conditions. If to you promised "the comfortable
Hotel "(without instructions zvezdnosti or other details) to prove
"Discrepancy" will be hard. And here if you instead of
Single room have lodged in four-seater - the bases for
Claims already are, and considerable. By the same principle it is estimated
Transport, a food, etc.
Further. It is necessary to put that contract to the statement of claim,
The document (the receipt and so forth) about payment of money (from this sum
The penalty is estimated, therefore it is better, when it is specified in
Dollar equivalent), the documents confirming expenses, in
Which you were vvergnuty not executed promises (the bill from
The doctor, for example, receipts of a taxi or the inquiry from hotel about cost
Residing) and, probably, documents, otherwise confirming
Infringement of your rights. It can be besides advertising
Prospectuses, films (with instructions of time of shooting), on which
Your "insults" are fixed. By the way, a film our court for some reason
As proofs does not consider.
In court it is possible to address in a place of the residence, in a place
Registration of firm or on a contract jail. But before
Than to start the statement of claim, direct the claim in
Firm. Or personally to employees (on receipt - on yours
Copy), or the certified mail (it is possible, with the notice about
Delivery). According to the Law of the Russian Federation "About bases of the tourist
Activity "you on it have a half a year - since the moment" defaults
Obligations ".
More than in half of cases of it it appears enough.
The majority of tour operators tries to solve business by the world. It
More easy to pay some indemnification, than to promulgate
Unpleasant situation in court. By the way, you can direct the claim
Directly from a "rest" place, by fax. Then after returning it is already possible
To expect any result.
The remark the third. If the firm offers you the sum a little
Smaller, than you demand in the statement of claim, think, to be
Can, it is necessary and to agree. First, court - business long.
Secondly, courts quite often reduce the claim sum. Besides, if
The necessary plane was necessary to wait two (at least four)
Hour, the sea has appeared not in five, and in ten minutes of walking, and
The hotel "has lost" one star - hardly it is necessary to demand compensation
Full cost of round. In such situation it is possible to expect unless
Its proportional reduction with return of the "superfluous" sum. The same
Concerns "indemnification of moral harm". To prove, that yours
The ulcer has become aggravated as a result of absence in number of a towel,
It is necessary to you. And to prove long enough, with expenditure
Nerves, time and gathering of every possible confirming documents.
If all above-stated has frightened you - in vain. Practically all
Claims to tour operators (except for the most crazy, like
Missing towel) courts solve in favour of the claimant. And big
The part of statements of claim and at all remains "for memory". Though and not
Very kind.
Happy rest!
<$>
//* an information Source: the Samara newspaper, 5.07.01
//* Reg. Nom. - 1110700076.10-------------------------------------------
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