What If your Trip Is Canceled ….?
Judgment: “From the agency refund to tourists, nothing ‘management fees'”
A ruling of the magistrate of Bergamo planned to go for a vacation with family (two parents and two children), 10 August 2013 that he had booked a “package holiday” for Sharm El Sheikh paying € 2,515.40 in travel agency Seriate for organizing the tour.
A family of Bergamo was seen to cancel the trip, but the agency at the time of repayment has held 441 Euros of “Operating Expenses”
BERGAMO – If the trip is canceled, the agency must reimburse the operating expenses to the traveler. A ruling of the magistrate of Bergamo agrees to the use of a family (two parents and two children), 10 August 2013 that he had booked a “package holiday” for Sharm El Sheikh paying € 2,515.40 in travel agency Seriate for a tour organized by Going Srl. Milan.
But the family from Bergamo to Sharm, there has never been: following the unrest erupted in Egypt, the Italian Foreign Ministry had invited tourists and tour operators not to leave for Egypt . The tour operator had then canceled all travel plans.
For tourists, besides the loss of holiday nuanced, even the mockery of the “cost management practice” that agencies at the time of refund to customers the amount spent for the “packages”, have held. In the case of the little family of Bergamo, l ‘ agency has held 441 Euros.
The ruling of the magistrate of Bergamo is clear: “I’m not eligible for deductions to offset the activity carried out.” The verdict thus gives reason to Advocate Corrado dell’Adiconsum Benigni, the Consumers’ Association of the CISL. Says the association with Corriere Bergamo.
“In the days following – tells Eddy Locati, secretary general of ADICONSUM Bergamo -, the person was refunded the amount paid, which, however, was retained by the sum of € 441.00 as registration fee and management practice! This practice has been implemented by almost all tour operators and many have been consumers who have turned to us, not believing what correct.
Despite our requests to get the full refund of the amount paid, the various agencies have reaffirmed this line, referring to the elusive “obligations” contract. That’s why we were forced to open a dispute with the driver Going Srl. Milan, recalling the provisions of the Consumer Code, which in similar cases provide a full refund of the amount paid. “
In its judgment it reads:
“… The norm, in its obligatory nature and brevity, does not allow any deduction to offset the activities carried out by the defendant for the package tour or for the payment of so-called share in settlement of some kind of association, ….”
Now Going Srl, will have to repay € 441.00 plus interest and legal fees. “This is the first judgment on this matter issued by an Italian judge – says satisfied Locati – and constitutes an important precedent and trailblazer throughout Italy and Bergamo. In particular, we invite all those who have had similar treatment, not only in 2013 but also in the recent cases of “do not recommend” to contact us to evaluate possible legal action. “