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Coronadvice 8 - A Package Tour Voucher Is Legal and Solidary
The main theme of our Coronadvice has so far been determining when a tour operator is obliged to return the customer's money for a tour. Initial reports appearing in the media or government websites suggested that a tour operator is always obliged to return the customer’s money in a coronavirus situation, but this is not the truth. We were inspired to create this Coronadvice series, to prevent the spread of wrong and inaccurate information to tour operators and customers.
The situation has now evolved further. We already know that the disruption caused by Coronavirus we will not be for a week or even a month, but even longer; and this complicates the situation for both customers and tour operators, because even if the tour operators decide to refund their customers in this legally disputed situation, even the richest of them would have to reach deep into their pockets. Why? Because customers' money has long been used to pay for the tickets, accommodation, and other services, and their suppliers cannot be expected to allow them more than a postponement of the tour date. Although the bankruptcy of the tour operator is a comfortable matter from the customer's point of view, since the customer's money is insured in the Czech Republic until the last Crown, tour operators are not the culprit of the coronavirus crisis, and that is why people should be in solidarity with them, and should not let them go bankrupt.
It is possible that your tour operator will contact you with a proposal to resolve the disputed situation by agreeing to change the date of the tour or by agreeing to transfer the money you paid to a credit voucher for a future tour. Both options are perfectly legal, and are covered by the aforementioned bankruptcy insurance.
The voucher can be issued in one’s name, but can also be transferable. It can be issued for all or part of the value of the original tour, such as a ticket. The voucher can also be issued in a situation where a refund dispute concerns only a single tourism service. The difference between a tour voucher and a single service voucher is that the single service voucher is not covered by bankruptcy insurance.
Since a voucher is issued by a tour operator as a tool to eliminate legal uncertainty, both parties must agree that by issuing the voucher, all disputes relating to the rights and obligations between the customer and the tour operator are resolved. The tour operator has the right to insist that the voucher cannot be exchanged for money. Furthermore, the tour operator can specify whether the voucher is subject to the general terms and conditions in its entirety, or to negotiate any exceptions with the customer, such as negotiating different cancellation conditions. Acceptance of the terms of change of the date, or the acceptance of the voucher can usually take place over email communication.
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Jasper Brinkman
Jasper Brinkman
"Following a devastating hotel fire in Prague, the law firm Holubová advokáti, led by attorney Klara Dvorakova, successfully represented our extended family as a group of victims. The firm navigated complex international insurance and compensation laws to defend our rights.
I would like to acknowledge the extraordinary efforts the firm had to make to bring our case to a successful compensation under extremely difficult circumstances."
Stewarts
Stewarts
"A visit to her daughter in London turned Eva's life upside down when she says she stepped into a crossing on a green light but was hit by a car. Despite her remarkable bravery, she faced a long treatment due to fractures in her pelvis, and the associated limitations and pain are likely to persist for the rest of her life. Regular headaches and impaired concentration compound her challenges.
Eva contacted us through an organization temporarily helping her manage her difficult living situation. At that time, she was destitute, relying only on subsistence payments. We were able to assist her because we specialize in personal injury and have contacts with proven colleagues abroad.
We worked with Stewarts, a UK law firm, on this case. Attorneys Klára Dvořáková and Rebecca Huxford helped Eva with the documentation in her case, explaining her options and the differences between the Czech and British systems of healthcare and social benefits reimbursement. Within a few months, thanks to the professional cooperation between the two offices, an offer of compensation from the insurance company of approximately CZK seven million was achieved. The client accepted this settlement because she did not want to deal with courts in the United Kingdom.
Subsequently, we assisted the client with related tax issues and contacted Auditone, a tax consultancy firm, which arranged for the filing of a tax return. Compensation for lost income is taxable, unlike most personal injury compensation.
'No one has done as much for me as you,' Eva said.
The fact that we were able to help Eva gives our work meaning and brings us great joy. We are very happy that, thanks to our many years of active involvement in the international professional organization PEOPIL, we can cooperate on such cases."