Compensation of losses of travel agencies to social and natural disasters possible with official declaration of force majeure, - Oleksyi Volkov
Kyiv, June 12 2013
declaration of force majeure by a country that tourists visit is
required to compensate for losses which face travel agencies sending
tourists abroad and caused by social and natural disasters, a managing partner of Volkov and Partners Law Firm, Oleksiy Volkov, said at a press conference at Interfax-Ukraine on Tuesday.
force majeure circumstances have to be formalized and declared by the
state agency of a certain country as a fact of force majeure, to declare
that force majeure circumstances have appeared. Until there is such a
declaration, travel agencies, insurance companies and travel agents will
not consider events in the country as force majeure and pay claims to
tourists," the lawyer said.
Volkov said that "irrespective of the
information stipulated in the contract signed by the travel agency and
tourists, a range of events, which are declared in the concrete legal
system as force majeure events, which the sides cannot foresee, have to
occur so that one can say that a force majeure occurs.
international trade and international tourism, a force majeure is to be
recognized by the chambers of commerce of the concrete country. The
recognition – a specially published bulletin – says that a force majeure
event has occurred, and it fixes not only its start, but also the
expected duration. In addition, the next declaration should state the
prolongation or the end of the force majeure events. These are all
official documents that are spread via the foreign ministries of the
countries and sent to all foreign diplomatic organizations," he said.
on the situation on the tourism market due to events in Turkey, Volkov
said that if people bought trips in January-February 2013, it is likely
that they did not expect that the said events could occur and the events
could be considered a force majeure for them.
"Those who buy trips
today know about the events and it is unlikely that they can appeal to a
force majeure, not only because the force majeure was not declared by
the country, but because the tourist was informed on the events not only
via media reports, but also by his travel agency," he said.
said that the major part of the countries where the said events happen,
does not hurry to declare the events a force majeure.