How to Get a Refund for a Tour Cancelled Due to the War: A Step-by-Step Guide

Since the start of the full-scale invasion and the declaration of martial law in Ukraine, when airspace for civilian aircraft was closed, the issue of vacations faded into the background. However, over time, many Ukrainians began to wonder again what to do about previously paid tours that did not take place.

Tour operators often offer to “freeze” the funds, promising that they can be used later. However, this situation does not suit everyone. In this article, we will examine in detail how to get a refund for a paid package and protect your rights as a consumer of tourist services.

The status of paid tours and the position of tour operators

In most cases, tour operators and travel agents insist that the money paid for tours is “frozen”. They justify this by force majeure circumstances (war, the closure of airspace) and offer to use these funds for a new trip after the end of martial law.

This position has its pitfalls, since the activity of many tour operators has been partially resumed (for example, bus tours are actively offered), yet the possibility of a refund is passed over in silence.

Is a tour operator obliged to refund the money?

Ukrainian legislation, unfortunately, does not provide for an automatic refund in the event of force majeure, whether it is war or other emergency situations. However, there is another mechanism that can help.

1. 1. Analysis of the contract. The first and most important step is a careful study of the contract on the provision of the tour, cancellation of the trip and the refund procedure. If the contract sets out conditions for such cases, you can refer to them.

1. 1. The Law “On Tourism”. Under this law, before the start of the trip the parties have the right to demand amendments to or the termination of the contract if material conditions have changed. It is important to properly justify your demand so that it is not treated as your personal cancellation of the tour, for which the tour operator’s expenses must be reimbursed.

Step-by-step instructions for getting a refund

If the tour operator does not refund the money, promising only the possibility of “freezing” it, here is a plan of action:

1. 1. An official appeal. Write an official claim to the tour operator (or travel agent) demanding the termination of the contract and a refund of the money paid. In the claim it is important to clearly state the factual and legal grounds for termination, referring to the Law “On Tourism” and the circumstances that made the provision of the services impossible.

1. 1. Where to apply? It is recommended to send the claim to both the tour operator and the travel agent at the same time. If the travel agency has closed its office, send the letter to its registered address.

1. 1. Recording the fact. Keep all documents and evidence of your appeal: copies of claims, receipts for sending registered letters, email correspondence. This will come in handy if the matter goes to court.

An algorithm of actions for getting a refund

Does insurance cover war?

This is one of the most common questions, and, unfortunately, the answer to it is predominantly negative. Most insurance contracts concluded when purchasing tours exclude military actions, terrorist attacks and other force majeure events of this nature from the list of insured events. To get an exact answer, you need to carefully read the terms of your insurance contract.

What to do if the tour operator refused?

If, after receiving your claim, the tour operator refuses to refund the money, the next step will be to apply to the court. In this case, you will need qualified legal assistance in order to:

• • Carry out a detailed analysis of your contract.

• • Properly draw up the statement of claim.

• • Represent your interests in the court proceedings.

Getting a refund for a paid tour cancelled because of the war is a complex process that requires persistence and knowledge of your rights. Do not agree straight away to the “freezing” of the funds, but first study the contract and, if necessary, submit an official claim. Remember that your right to protection as a consumer is enshrined in law.

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Frequently Asked Questions

Can you get a refund for a cancelled tour?

Yes, where there are grounds, the consumer has the right to a refund for a travel service that was not provided; the procedure depends on the terms of the contract.

Where should you apply for a tour refund?

First to the tour operator or travel agent with a written demand, and in the event of a refusal, to the court or consumer protection authorities.

What is the procedure for getting a refund?

Submit a written claim, record the refusal or delay, and if necessary apply to the court with a lawsuit for the return of the money paid.

Does insurance cover cancellation due to the war?

This depends on the terms of the specific policy; many insurance policies exclude military risks, so the insurance contract must be checked carefully.

Will a lawyer help get a refund for a tour?

Yes, a lawyer will properly draw up the claim and the lawsuit and increase the chances of getting the money back, including through the court.

Готові допомогти з вашою справоюЗалиште заявку, і адвокат звʼяжеться з вами. Конфіденційно, цілодобово.

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