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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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Martin Herna
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Dietmar Repka
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