The ambiguous situation between Pearl River and IrAero, which left several hundred Russian tourists stranded on Hainan Island, China, should not have any legal consequences for travel agencies. According to lawyers, Although the main wave of complaints from tourists will fall on retail representatives, the tour operator will be held responsible for disrupted trips.
As a reminder, last Friday, IrAero Airlines announced the suspension of flights to Sanya and Haikou, as well as transportation of Pearl River tourists on all previously agreed routes, including Khabarovsk, Chelyabinsk, Ufa, St. Petersburg, Samara, Kazan, Kemerovo, and Moscow. The carrier's press service clarified that the suspension was due to the tour operator's outstanding debts. The airline advised tourists currently at the resorts to contact the Tourpomoshch service.
"Based on experience, travel agents initially handle most claims. Fortunately, industry law is on their side—according to Article 9 of the Federal Law "On the Fundamentals of Tourist Activity in the Russian Federation," the tour operator is responsible for the provision of services. The travel agent's liability is limited to booking and paying for the tour; the travel agent is not responsible for the actual provision of services under the contract. This position is supported by most courts; however, to avoid any trouble, agents are advised to respond to all claims within 10 days and conduct explanatory work with tourists," Alexander Bayborodin, head of the law firm "Bayborodin & Partners," explained to TRN.
Regarding claims against tour operators, the expert explains that, under Article 10 of the Federal Law "On the Fundamentals of Tourist Activity in the Russian Federation," claims can be made directly to the tour operator, without the involvement of a travel agent. "In their claims, tourists have the right to demand compensation for damages. For example, the cost of re-purchased tickets, as well as compensation for moral damages. If there is no response within 10 days, tourists have the right to go to court—they also have the right to sue the tour operator directly," says Mr. Baiborodin.
In response to a question about who is currently responsible for repatriating tourists, the lawyer noted that Article 9 of the industry law stipulates the tour operator's responsibility for providing all services under the contract.
But there's also a loophole for tour operators. As Alexander Bayborodin emphasizes, Article 9 also states that the tour operator is liable unless the liability of other parties is expressly provided for by law. "The carrier's liability under the carriage agreement is stipulated by the Air Code. And there's a possibility that the tour operator could 'shift' the responsibility for returning tourists to the airline. I suspect that government agencies may soon issue comments along the lines of tourists shouldn't suffer from disputes between business entities. Moreover, one could even assume that, under pressure from these agencies, the airline will repatriate the tourists," the expert concluded.
Source: trn-news.ru