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Marija, a reader of the tv3.lt portal living in Vilnius, found herself in such a situation (her real name and surname are known to the editorial board).
Prepaid 800 euros
The Vilnius family with two children planned to have at least a short break in Nida in the summer, but at that time the trip had to be canceled due to a lot of work. However, the family decided to take a vacation during the winter holidays, more precisely a few days between Christmas and New Years.
The strict quarantine restrictions imposed by the new government disrupted all family plans. Mary also had questions about whether and how the advance payment of almost € 800 would be reimbursed.
“I was talking to the hotel staff, but they were still completely confused, they said they were clarifying the situation, but they offered to come at another time,” said Maria.
Since the future leave of all family members is difficult to reconcile under the current circumstances, you would like to get your money back.
“When the police on duty threatened me that traveling was only possible for funerals or property objects, I really did not decide to refuse to drive. Someone decided for me. I would still like to drive, but Nida is outside my municipality ”, the interlocutor smiled sadly.
The woman assured her family that all quarantine requirements were strictly adhered to, but some of them seemed wrong to her.
“But it seems an injustice anyway; a good observation was, for example, why the family cannot go to a rented house by the lake. What risk is there? The goal is to change the environment and stay or take a walk in Nature. Just like mine. Change the environment and take a walk along the seashore. How long would I agree with those people there? Maria thought.
Offer to negotiate a refund or something else
The State Service for the Protection of Consumer Rights (SCRPA) reported that if the service provider does not provide services under the consumer’s contract during the quarantine period, the consumer has the right to ask the provider to postpone the provision of services, agree alternative alternatives or request termination of service. Contract and return the money paid.
“It should be noted that each individual case would be assessed on its own merits, taking into account all relevant circumstances and the information provided by the service provider on accommodation and cancellation conditions, if national restrictions allowed one counterpart to provide services and another access to these services, etc. ”, commented the service.
Your response indicates that, before entering into a service contract, the service provider must provide the consumer with detailed information about the nature of the service, the conditions of provision, the price, the delivery times, the possible consequences, etc. (for example, what are the refund conditions).
It is important to note that the execution of a contract for the provision of paid services must respect the principle of priority of the client’s interests enshrined in the Civil Code, according to which the client has a more exclusive legal position and the right to terminate the contract of one-sided way.
In this case, the client can terminate the contract at any time before the start of the accommodation, but must pay a proportion of the price in proportion to the services provided and other reasonable costs incurred by the service provider to perform the contract before receiving the notice of termination. VVTAT.
In other words, the service provider can claim reimbursement for reasonable costs associated with providing the service, which the service provider must justify and prove.
“Thus, the consumer has the right to terminate the service contract at any time and recover money for the services not provided, but the consumer must reimburse the costs of providing the service, which the service provider must justify,” said the service .
He also recalled that consumers can contact and ask the company to investigate a specific case, and this within 14 days. undertakes to examine the request and respond to it in writing, stating the reasons. If you do not agree with the answer, the user can contact VVAT.
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