Rospotrebnadzor explained when a tour operator can change the price of a tour

Rospotrebnadzor has clarified that the value of a tourist product can be pegged to foreign currency. However, the agency indicated: if the tourist only paid part of the amount, the total price can change due to the exchange rate only in the case when the procedure for such recalculation is written in advance, clearly and unambiguously in the contract and communicated to the consumer before its signing. The tour operator is not entitled to change the price at their discretion.

If the contract does not stipulate a currency recalculation, the increase in value is illegal, clarified Rospotrebnadzor. In addition, the agency confirmed that after full payment of the tourist product, a change in the exchange rate can no longer serve as a basis for payment.

In this letter, it is interesting that for the first time in a long time, Rospotrebnadzor officially confirmed the following points:

•   it is permissible to indicate in the contract with the tourist the price both in rubles and in notional units;

•   it is permissible to stipulate in the contract with the tourist that, in the case of partial payment, the full amount shall be made at the exchange rate of the unit on the date of payment.

There has been a common view that the price of rubles should be fixed. And that the change of currency (even with partial payment) is an entrepreneurial risk of the travel agent/tour operator. Now these opinions will become irrelevant", - said the head of the company "Lawyers for tourism business "Baiborodin and partners" Alexander Baiborodin.

At the same time, he emphasized that Rospotrebnadzor points to two restrictions, without which the condition of "additional payment on the US rate" may not work.

First restriction: change of price in rubles is allowed only when the tour is not fully paid. As a general rule, paid tours are not subject to "recount".

Second limitation: the order of change in rubles' price according to the exchange rate must not be arbitrary, but must be clear and known to the consumer.

However, as noted by Alexander Baiborodin, there are problems with the implementation of this paragraph.

According to him, it is comforting that the Rospotrebnadzor prohibits only a condition in the contract with the tourist which allows "arbitrarily" to change course. That is, the inclusion in treaties of even some very general framework for a change of course will no longer be tantamount to "arbitrariness," and thus permissible.

"By the way, it is important to have a clause in the contract that the refund (full or partial) is made in rubles, based on the amount that was paid, does not depend on the exchange rate and does not increase as it grows," - added Baiborodin.

According to him, in other cases there is a risk that the court may increase the tourist’s entitlement to a refund based on the rising exchange rate.

Information source "Profi.Travel": https://profi.travel/news/64839/details

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