In our country, anyone can offend an ordinary citizen. Even if this ordinary citizen, having "umpteen" dollars in their stocking, considers themselves the center of the universe. Unfortunately, there is no one to protect us from unscrupulous manufacturers and sellers. And when we go, so to speak, "abroad," we become completely defenseless. But wait! What about the Society for the Protection of Consumer Rights? Ha, another fairy tale, the experienced reader will say and be...
A Brief Historical Excursus
The organized consumer movement to protect their rights and interests arose more than a hundred years ago. As a result of this movement, called "consumerism" (from the Latin word "consumer"), the National Consumers Association appeared in the USA in 1936. The adoption in 1948 by the UN General Assembly of the "Universal Declaration of Human Rights" stimulated the creation of national consumer associations in other countries: in 1951 – in France and the FRG, in 1957 – in Great Britain, in 1960 – in Canada.
In 1973, the XXV session of the Consultative Assembly of the European Union approved the "Charter for the Protection of Consumers." Another decade later, in 1985, the UN General Assembly adopted the resolution "Guidelines for the Protection of Consumer Interests." This document was the basis for the Law "On Protection of Consumer Rights" adopted in Ukraine in May 1991.
Subsequently, amendments and additions were made to the Law almost every two years. In accordance with them, the State Committee for Consumer Rights Protection was established, and liability for violations of legislation was increased. Currently, state protection of citizens' rights as consumers, according to the Law of Ukraine "On Protection of Consumer Rights," is carried out by legislative and executive authorities at various levels, as well as by the court. Indirectly, state protection of consumer rights is carried out by law enforcement agencies, bodies of the State Customs Committee, bodies of the Ministry of Health, etc. Non-state protection of citizens' rights as consumers is carried out by public consumer organizations, which were formed in the late 60s in Kyiv, Dnipropetrovsk, Donetsk, Odesa and Kharkiv. Now such organizations exist in all major regions of Ukraine.
So there. And now let's get down to business. On the agenda – tourist services and related problems. But first – a fairy tale with a happy ending. For cheer.
Tourist Detective
In the summer of 2000, the K. family was planning a trip to Turkey. And to save money, they turned to the travel agency "Last-Minute Tours" (what a name, huh?). Already at the airport it turned out that Mrs. K.'s international passport had expired (oh, woman!). They decided that the husband and daughter would fly to Turkey, and the wife would stay home. K. Sr. asked his wife to have her air ticket marked as canceled and to take that very day to the travel agency a statement about the impossibility of using her tour voucher. At first, the executive director A. at the travel agency stated that they would definitely compensate the family for the losses incurred (minus the costs incurred by the firm). But then said that under the law they have the right to give a response to the claim within ten days. And he issued it exactly ten days later: "Unfortunately, we cannot satisfy your claims..." Angry K. Sr. decided to discuss with this "executive" over the phone the claims against the firm for the lost $500. When A. asked "So how much do you want?" K. replied that he would like to get the full cost of the trip for one person, he was first told that they did not have such funds, and then they told him to go to court. Naturally.
However, before going to court, K. went to the Society for the Protection of Consumer Rights of his district, where he was told that his case was righteous, he needed to fight: they paid the money, but were unable to use the service. After completing all the necessary documents, the Society filed a lawsuit. The court recognized the claims as fair and ordered the firm to pay the full cost of the tour for one person.
All the K.s were satisfied, A. got a dressing-down from the firm's owners, and the Society for the Protection of Consumer Rights put a "checkmark" in its report. The fairy tale is over. And now...
...PROSE
It so happens that in our independent state (as, indeed, in the other fraternal CIS countries) the end of the holiday season coincides with the peak of another season – the court season. Moreover, lawyers and employees of consumer protection societies have long noticed that complaints specifically against travel firms are strictly seasonal: the first aggrieved appear in summer and go in an endless stream for about six months. Their peak falls on the "velvet season." Based on the experience of the same defenders of our interests, it is regrettable to state that the vacationers themselves are mostly to blame. Because: a) they wanted to save money; b) "the girl spoke so truthfully and confidently"; c) "they didn't want to offend with distrust." And so on – through all the other letters of the alphabet.
When you listen to the horror stories of our tourists about how they, noble people, were "tricked by trust," you involuntarily wonder – why are we so gullible? And therefore, based on information gleaned from sources close to the State Committee of Ukraine for Consumer Rights Protection, allow me to enlighten you on some issues concerning our rights. Consumer rights. In this case – consumers of the tourism product.
Lesson One
It so happens that in our nation it is customary to step on the same rake twice (or thrice). No matter how often they say "cheap fish makes poor soup," we still strive to grab as much as possible at the lowest price. Or better yet, for free. But I will take a sin upon my soul and repeat myself: if you are planning to vacation abroad, when choosing a travel agency, do not chase cheapness. If the office is located in a rented apartment, you are the first candidate for the role of plaintiff in the case "Fool (Durakov) vs. Travel Agency 'Horns and Hooves.'"
Don't even think about paying money without signing a single document! And stop any negotiations when they schedule a meeting near the fifth pillar on the Ring Road...
God! What am I saying? We are smart! You can't fool us with chaff! Okay. But it's interesting to watch when a group of 20 (!) people stands near a shabby entrance, waiting for a "group leader." After an hour, a guy runs up to them, hands out passports, and says: "Go on your own, you'll be met there." And they go, interestingly.
Therefore, advice: use only those firms where, in a solid office (usually travel agencies are not poor), they will offer you original colorful brochures, where a license is hanging in a prominent place, where they will offer you to review and sign a contract that lists in detail all the "little things": about the possibility of refunding money for the trip; about the deadlines for canceling hotel reservations; about refunding money for unused visas (no embassy returns money); about refunding money for the services of the travel company.
Lesson Two
So, you are in a cozy office. The travel agency manager tells you about the unforgettable impressions awaiting you during the tour to a resort that is fashionable this season: a five-star hotel, full board, an amazing beach, a charming guide, a mild climate, and so on. As a result, upon arrival, it turns out that the five-star hotel is a shack in a fishing village, full board is a sausage sandwich in the morning and evening, and the charming guide, judging by his face, is wanted by Interpol. Deceived! Deceived! You shout and run... Stop. But where are you running?
If it so happens that reality turned out to be somewhat gloomier than it was "painted" to you during the paperwork, remember the following. Upon arriving at the resort, noticing the discrepancy between the level of service and what was promised, immediately demand a supporting document. A couple of years ago, any hotel would give you the necessary certificate without any questions. But now, whether in Cyprus or Hurghada, a rare hotel manager will voluntarily admit that they have only two stars, not the promised "three-super."
If you cannot obtain a certificate at the hotel, keep in mind that for the court, recorded testimonies from other tourists, taken on the spot and certified by the group leader, will be useful. The main thing is not to put this off until you return home.
And one small nuance. Despite the fact that travel agency contracts usually state that claims are accepted within 10-14 days after the end of the tour, do not forget about the "Consumer Rights Protection Society." Here, claims are accepted within 6 months.
Lesson Three
An angry tourist, egged on by his wife and driven crazy by constant childish whining, bursts into the travel agency office with a suitcase full of complaints and a string bag of reproaches. He is met by an experienced, bulletproof conflict resolution specialist. During the story of the horrors endured during the trip, this person's face takes on a compassionate or frightened expression. Meanwhile, in the manager's head, possible ways out of the situation are spinning with the speed of an adding machine.
Quite often, the guilty firm, realizing its fault and for the sake of its good reputation, agrees to a settlement without taking the case to court. This is the best way to resolve the conflict. The court often sides with the client, but not always.
Conclusion: don't put things off! And never forget about moral damages. It is, admittedly, quite difficult to assess, but don't discount the nerves and suffering...
Slowly, creakingly, our country is moving onto new tracks of economic development. Even more slowly, our consciousness and culture are changing. But despite this, more and more people, no longer willing to swallow what our "unobtrusive service" feeds them, are defending their rights. Some do it out of old Soviet habit through Ivan Ivanovich, others sharpen their pen, practicing the epistolary genre, and still others file a lawsuit in court.
However, the problem can be solved much more simply - by contacting the Consumer Rights Protection Society at your place of residence. The main body for consumer rights protection is the State Committee of Ukraine for Consumer Rights Protection and its bodies in the Republic of Crimea, regions, cities of Kyiv and Sevastopol, which, along with a whole list of rights, also have this: "to file lawsuits regarding the protection of consumer rights." It follows that you don't have to get into this routine yourself. The Society's employees will do it professionally, correctly, and with a guaranteed result.