The lawyer assessed the prospects for a refund for tours in the UAE

The situation around trips to the United Arab Emirates is of concern to some Russian tourists, especially those planning holidays with children. Amid reports of an escalating military and political situation in the Middle East, some travelers are trying to cancel tours and refund their money. Sofya Lukinova, head of the Legal Department of VMT Consult, told Izvestia on March 2 about how this opportunity complies with current legislation.

According to her, the key issue is the presence of force majeure and an officially confirmed security threat. The Federal Law "On the Basics of Tourist Activity in the Russian Federation" distinguishes between the voluntary refusal of a tourist from a trip and the inability of a tour operator to fulfill obligations due to a confirmed threat to the life and health of citizens in the host country. In the second case, the company is obliged to return the funds in full, but such a threat must be confirmed by official statements from the Russian Foreign Ministry or other authorized bodies.

"To date, there have been no official recommendations regarding the UAE to refrain from traveling. Airports are open, flights have not been stopped, and diplomatic missions have not reported a threat to the lives of tourists. From a formal and legal point of view, the tour operator can fulfill its obligations, and the client's refusal is considered as his own initiative," said Lukinova.

Numbered Front: What is happening to Russians stranded in the Middle East

Organized tourists get extended hotel stays, but in the chaos of the first day, many had to pay for them themselves.

In this case, the norms of Article 782 of the Civil Code of the Russian Federation and Article 32 of the Law on Consumer Protection apply, which allow you to cancel the contract at any time, but with compensation to the contractor for the actual costs incurred. It is on this basis that tour operators withhold part of the funds, confirming the cost of booking hotels, tickets and transfers.

The lawyer stressed that the reference to force majeure requires proof of the impossibility of executing a specific contract due to extraordinary and unavoidable circumstances. While the tourist infrastructure is functioning, it is difficult to prove this impossibility. A subjective feeling of anxiety, even a well-founded one, is not in itself a legal basis for refunding the full cost of the trip.

At the same time, Lukinova pointed out that tourists are not deprived of protection mechanisms. It is recommended to carefully study the terms of the contract and tariffs — sometimes they provide more flexible cancellation conditions. It is also possible to declare a significant change in circumstances in accordance with Article 451 of the Civil Code of the Russian Federation, if there are confirmed reasons that make the trip impossible or undesirable, for example, medical indications.

"Ultimately, the right to judicial protection remains. The court has the right to assess the balance of interests of the parties and the degree of a real threat differently than the tour operator in a pre—trial procedure," the expert emphasized.

Until official restrictions appear, the most realistic option, in her opinion, is to postpone the dates of the trip or make a deposit with the tour operator. This approach allows you to save money and return to the issue of travel after the situation has stabilized.

The airports of Dubai, the largest city in the United Arab Emirates, have suspended their operations indefinitely due to the escalation of the conflict between Israel, the United States and Iran. In this regard, Aeroflot canceled all flights to Dubai and Abu Dhabi, and this measure was extended until March 3.

On February 28, Aeroflot cancelled all flights to Dubai and Abu Dhabi on February 28 amid attacks by Iran and Israel. At the same time, explosions occurred in Abu Dhabi and Dubai. Izvestia published footage from the airport in Dubai, after the UAE intercepted several missiles launched from Iran. They show that the tourist area is almost empty.

On March 1, it was reported that the authorities of Abu Dhabi and Ras al Khaimah had assumed the costs of extending the stay of tourists stranded in the country due to flight restrictions. Later, on March 2, the Association of Tour Operators of Russia (ATOR) announced that the first passenger plane to Moscow in more than two days had taken off from Zayed International Airport in Abu Dhabi in the UAE.

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