Belarusian tourist missed a flight from Dubai and is asking for compensation. Tour operator says it's his own fault

Illustrative photo: Onliner

Dmitry and his friend bought an all-inclusive tour to Dubai with an organized airport transfer. They were supposed to return home on a direct flight to Minsk, departing at 18:15 local time. But they arrived at the terminal, as the man assures, just over an hour before departure and did not make it to registration.

The situation happened on February 19, even before the latest events in the Middle East, Onliner describes.

Tourist: "We're driving and driving. Why fuss?"

Dmitry claims that the transfer was initially late to the hotel – arriving around 14:50, not 14:15 as originally agreed. In the bus with him and his friend was another girl returning to Minsk. All the others, the man emphasizes, were flying from Dubai on a different flight, to Chisinau, but this only became clear later.

— We got on the bus and went to pick up tourists around Dubai for Chisinau. After that, we got stuck in traffic. And because the bus was picking up other tourists, we, naturally, were late for the airport This is the first time I've encountered something like this; usually, the transfer always comes for one specific flight.

When asked if Dmitry and his friend were worried about being late, he answers: no, they completely trusted the travel agency, because usually, the organizers take care of all transfer arrangements.

— We're driving and driving, we're being taken and taken. Why fuss, right? And so we arrive at the airport, the whole bus gets up and exits. But we didn't know that all these people were going to Chisinau; I found that out during the process. We come in, start looking at the display board – Minsk isn't there. A person runs up and says: "You went the wrong way, you need to go further." Okay. We get back on this bus and drive. And the airport there is huge, there are huge distances between gates, we drove for another 15-20 minutes.

Dmitry doesn't remember exactly what time he and his friend were dropped off at the airport. They had to walk for some time from the bus to the departure area. At the entrance to the building, he immediately used the luggage wrapping service and paid for it at 17:15. In confirmation of his words, the man sent an SMS about the payment.

— Why did you decide to wrap your suitcase when there was an hour left until departure? — the journalists clarify.

— Stop, stop, stop: registration had already closed by that time — at 17:15.

— And did you know what time the flight was?

— Yes, at 18:15.

— But why didn't you rush to registration?

— I thought, since the agency organizes the transfer for us, they arrange things among themselves. Honestly, it didn't even occur to me [that we were late]... We wrapped the suitcase and went. And my friend couldn't run; he physically can't do that. Even if we hadn't wrapped the suitcase, we wouldn't have made it anywhere. We still had to walk to that gate for about 10 minutes, — Dmitry emphasizes.

Next was an attempt to still register for the flight:

— We already came to the counter. There was a girl standing there (the third passenger from the transfer bus. — Onlíner's note), crying. They told her that she could fly without luggage, meaning luggage registration was closed, but without it, it was still possible. If you discard your luggage, please fly. She asked if they could send her luggage somehow or something else. I don't know how they resolved [that issue].

— Did she fly?

— I don't know. When we were at the counter, they told us that we wouldn't be able to fly even without luggage.

Why was the tourist denied compensation?

Dmitry states that he immediately informed the travel agent from the Vitebsk company "Vyal" about everything. In the correspondence, he was told to buy a new ticket but to keep all receipts for additional expenses. According to the tourist, he and his friend ultimately bought tickets for the nearest flight from Dubai to Moscow and traveled to Minsk independently. Additional expenses amounted to $1000 ($500 per person). "What if we didn't have money for tickets?" he asks.

Upon returning home, Dmitry began to investigate the situation. First, he contacted the travel agency where he bought the tour, but they directed him to the tour operator "Rosting," which organized the trip. The man wrote a claim asking for reimbursement of expenses.

Here's the response he received.

According to the tour operator, the transfer to the hotel was provided on time (the exact time is not specified). Despite traffic jams on the way to the airport, tourists were delivered to the correct terminal by 17:00. The letter indicates that the guide from the host company Voyage Tour offered all tourists to proceed to the check-in counters, but Dmitry refused and decided to process Tax Free. "The guide warned Dmitry about the risk of missing the flight," the tour operator insists.

"The other tourists who also traveled on this transfer successfully flew on flight FZ1715. Since the decision to process a tax refund (Tax Free) was Dmitry's personal choice, Rosting LLC cannot cover the cost of new air tickets and is forced to refuse compensation," the letter states.

The man categorically disagrees with the operator's response. He assures that neither he nor his friend processed Tax Free. Also, according to the tourist, none of the guides warned him about a possible delay.

— And they also write in the letter that "everyone else flew." I write: "Who is everyone?" I understand if there were 5, 7, 8 of us there, then it would sound logical that everyone flew. But there were only 3 of us on that transfer.

Dmitry also wrote about this to the manager of the "Vyal" agency on the day of departure. The phrase "Other guests have checked in" perplexed him.

Dmitry explains that the correspondence on his phone was saved in Minsk time. In Dubai, it was already 17:25 by that time.

Dmitry says he does not intend to let this situation go and plans to go to court.

— My friend and I are not wealthy people If all this had happened because of us, we would have somehow gotten over the $500 [loss]. But here it's simply a matter of principle, an extremely incorrect situation. There should probably be some regulation on how much in advance we should be brought to the airport so that we can calmly check in.

Journalists also contacted Dmitry's friend. He reiterated that the transfer was initially late to the hotel "by about 45 minutes." They spent a couple of minutes, no more, wrapping the luggage with film at the airport, the man assures.

— The task of the transfer, the travel agency, is to deliver us on time and send us off. How they do it? That's their problem. If it had arrived at the correct time, we would have walked around there, perhaps bought something else, well, coffee, just taken pictures, — Sergey reflects. — But generally, there should be some time at the airport, right? Did I have to run every time? As soon as I arrived at the airport, immediately run to the counter, pushing everyone aside?

Unlike his friend, Sergey did not make any claims to the tour operator.

How early must tourists be brought to the airport?

According to the schedule, the plane was supposed to depart at 18:15. If one relies on the official response from the tour operator, the group was brought to check-in an hour and fifteen minutes before departure. But there are generally accepted recommendations advising tourists to arrive at the airport at least 2 hours, or preferably 3 hours, in advance when it comes to large international hubs. Check-in usually closes 40 minutes before departure.

On the Flydubai website, the rules are even stricter: check-in in Dubai closes 60 minutes before departure, and boarding gate closes 25 minutes before. "If you arrive late, you will not be allowed on the flight," the airline warns.

Journalists contacted the "Vyal" travel agency for a comment on the conflict with the tourist, but they explained that only the tour operator who organized the tour could provide information.

— Since 2023, the Law on Tourism has fundamentally changed. Now the tour operator, meaning the one who is the performer under the contract, bears all responsibility for the tour itself and for tourism services (transfer, flight, hotel, etc.). Our responsibility is to book the tour and pay for it. Well, and accordingly, if there are any claims, we must forward them to the tour operator and provide an answer. We have fulfilled all of this. And, as I understand it, the tourist has no claims against us.

— Are there any standards for how long in advance tourists should be delivered to the airport?

— No, I am not aware of such standards.

— Is it not documented anywhere?

— No.

Journalists also contacted "Rosting" for clarification but received no additional information on the incident.

Lawyer's opinion

Lawyer Ivan Raikevich, a member of the board of the public association for consumer rights protection, points out that in this story, it remains unclear how many people from the transfer bus actually missed the flight. This is an important detail.

— If we assume that many other tourists, delivered by transfer from the host company Voyage Tour, made it onto the flight, and the author was late, it will be difficult to make any claims against the tour operator. In that case, if he indeed went to process additional services, that is exclusively his decision and his risk. Personally, I see no causal link between the transfer arriving an hour and 15 minutes before departure and the fact that this particular tourist missed the flight; consequently, there are no grounds for satisfying the consumer's demands regarding compensation for his expenses.

However, if the situation was different (as the tourist describes), and the contract contained terms for arrival at the airport and transfer a certain amount of time in advance, then claims regarding incomplete performance of the contract could be made.

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