Belarusians left without a vacation as flights to Tunisia were suddenly cancelled

Dmitry contacted Onliner.by to tell about a vacation that didn't happen. The young man was going to vacation with his family in Tunisia. He had already fully paid for the tour and arranged leave at work when he was suddenly informed that the flight was cancelled. Dmitry assures that no one apologized to the travelers for the vacation, the reasons were not explained, and it's unclear what to do with the plans now. We tried to figure out how this happened.

A few months ago, Dmitry and his wife decided to plan a vacation. They were going to vacation abroad with their whole family, including two children. They chose a country from those that could be flown to without a visa and settled on Tunisia.

— We checked at work if we could take leave in October, went to a travel agency, where we signed a contract for a flight from Minsk by Belavia on October 5th. After signing the contract, we paid 30% of the tour cost. On September 10th, we paid the remaining amount in full confidence that the vacation would take place. On September 11th, my travel agent called me and said that Belavia had cancelled two flights — September 25th and October 5th.

To say that this shocked and upset us is an understatement. We had to explain at work why we wouldn't be going on vacation (our leave orders had already been signed).

To this day, there have been no apologies or explanations from the airline as to why this happened. It's just offensive that Belavia simply cancelled the flight, — Dmitry emotionally describes the situation.

Travel agent expert Natalia Chekan agrees with Dmitry's assumptions, but notes:

— There is no full cancellation of Belavia's flight program to Tunisia. But the season is ending. Delays or postponements of specific flights can occur in any direction. As for Tunisia, autumn storms and strong winds in the coastal area are to blame.

What did the airline and travel agencies say?

Journalists contacted the national airline for clarification. The company emphasized that since it is not about the airline's regular program, but about charters performed at the request of customers, Belavia cannot comment on anything.

The company "Time Voyage", with which the travel agent who signed the contract with Dmitry cooperates, reported that the decision to postpone or cancel flights is made by the tour operator "Intercity". Journalists asked "Intercity" to comment on the situation with flight cancellations.

— Were the charter flights on September 25th and October 5th to Tunisia really cancelled? If so, what are the reasons for the cancellation?

— Yes, due to the need to optimize the flight program, the flights Minsk — Enfidha (Tunisia), scheduled for September 25th and October 5th, will not take place.

On September 25th, only the return flight on the route Enfidha — Minsk will be operated to bring back tourists who are finishing their vacation.

— Will the money paid for the tour be fully refunded to tourists?

— Yes, absolutely. All financial obligations regarding the refund of deposited funds to customers will be fulfilled in full compliance with legislative requirements.

Dmitry confirmed to the journalist that the travel agency fully refunded the money for the tour — $5.5 thousand for four people for 11 nights — shortly after the flight cancellations became known.

However, the family is still confused about what to do with their planned vacation:

— We considered Egypt and Vietnam but couldn't find anything suitable. What we liked in Egypt was too expensive, and it's not the season in Vietnam.

What does a lawyer advise?

Journalists consulted a lawyer on how Belarusians who found themselves without a planned vacation should proceed. Here's what expert Ivan Raikevich noted.

— Since the tour was purchased from a travel agent, the situation should be considered from the perspective of the Law of the Republic of Belarus "On Protection of Consumer Rights". Based on the description of the situation, Dmitry received a refund for the tour, meaning the claim for cancellation of the service contract and refund of funds was fully satisfied. However, there was still a breach of obligations on the part of the travel agent, and consumer rights were violated, which means that, in accordance with Article 18 of the Law on Protection of Consumer Rights, the consumer has the right to demand compensation for moral damage from the party that caused it, if their fault is established.

— The specific amount of moral damage is determined by the court depending on the nature of the physical and moral suffering caused to the consumer, as well as the degree of fault of the party that caused the damage if their fault is the basis for compensation. When determining the amount of compensation for moral damage, the requirements of reasonableness and fairness must be taken into account. As for planned leave at work, unfortunately, there is no legal norm that would allow taking into account the fact that a person will be vacationing abroad on this specific tour during this leave. To avoid additional expenses and recover money as quickly as possible in such cases, it is worth considering the use of insurance programs, such as flight cancellation insurance, — advises Ivan Raikevich.

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