ARE REFUNDS AVAILABLE FOR TOUR CANCELLATIONS DURING THE COVID-19 EPIDEMIC?

Q: Dear Lawyers, earlier this year, I booked tours in Phu Quoc by signing a contract with a travel agency. I intend to travel in this May. I have made a deposit of 50% of the value of this contract but at the moment due to worries about the complicated Covid-19 epidemic, my family decided to cancel this tour. I made contact with the travel agency to ask for refunding of my deposit. But they said they would not pay back my deposit but delay my tour until the end of this year. Please tell me whether or not I could take back my deposit if I cancel the tour?

A: Hi! Regarding your case, Gattaca Law would like to advise as follows

First of all, despite the complicated Covid epidemic, flights to Phu Quoc have not been cancelled, accommodation facilities are still open to welcome guests. Thus, it can be seen that, at this time, the Tour Agency still guarantees to provide tour services as the contract concluded with you.

Secondly, according to the information you provided, Gattaca Law finds that it is not eligible for you to unilaterally terminate the contract as prescribed in Article 420 of the Civil Code 2015 on the implementation of the contract when circumstances change fundamentally.

Currently, the termination of your Tour Purchase Contract comes only from your epidemic anxiety. Therefore, according to the provisions of law, you will not be refunded the deposited amount to the travel company, according to Article 328.2 of the Civil Code 2015 stipulates: "... If the depositor refuses to enter into or perform the contract, the deposited property shall belong to the depositary…”

Therefore, in case you cancel the contract and assume that the content of the contract does not have an agreed provisions in case of unilateral termination of the contract with prior notice, the tour company has absolute grounds not to refund the deposit.

The refunding deposits depends on the regulations and sales policies of each travel company. Thus, Gattaca Law recommends that you should negotiate with the travel agency for a refund in part or delay your tour to other time.

This is Gattaca Law's answer to your questions. For detailed advice and support, please contact:
Gattaca Law Firm
Address: 32 Nguyen Dinh Hoan, Nghia Do, Cau Giay, Ha Noi
Hotline: 0243.204.1777 – 090.17.63.379
Website: gattacalaw.vn
Director – Dr. Nguyen Thanh Nam