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The consumer organization “Efektiva” announced that the First Court of First Instance of Belgrade rendered the first verdict by which the travel agency is obliged to return the money to the traveler for the trip canceled due to the coronary virus pandemic.
The “Efektiva” communiqué adds that the right to such judicial protection at this time only has the passengers who did not accept a replacement trip, while, as they pointed out, those who did have to wait for that arrangement “eventually failed” or to the return period. provided for in the Regulation “.
This practically means that all tourists who paid for the arrangement through the agency before March 15 of this year, but their trip was canceled due to the pandemic, can request judicial protection and the return of the money paid.
Let us remind you that the Substitute Trip Decree is valid for paid arrangements until March 15th. Anyone who has accepted the vouchers will be able to use them next year, and if they don’t, the money will be returned to them as of January 1, 2022.
As expressed by Effective, the court assessed that this Regulation, which allows agencies to offer passengers another arrangement instead of money that could be used next year, cannot have greater force than the provisions of the Consumer Protection Law that guarantee the right to return. quantity.
“The court confirms that the Decree cannot downplay the provisions of the Consumer Protection Law, that it is not binding in the legal-obligation relationship between passengers and the agency, and that there is no place for its application without consent from both parties, “Efektiva said in a statement. .
According to the organization, the court assessed that in this particular case there was an “unfounded acquisition”, because the claim that the agency transferred the money paid to a foreign partner has no effect on the obligation relationship between the passenger and the agency. , and in accordance with the Consumer Protection Law. return the full money to the passenger.
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