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Fraud in the field of tourism: legal consequences

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Reading time: 10 minutes Total views: 151
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Publication date: 12.07.2024

Tourism fraud: legal implications

Tourism is an important economic sector that generates significant revenues for countries and provides jobs for millions of people. However, along with the development of tourism, the number of fraudulent schemes aimed at deceiving tourists is also growing. Fraud in tourism can have serious legal consequences for the perpetrators as well as for the victims. In this article, we will look at the main types of fraud in tourism, the legal consequences for fraudsters and ways to protect tourists from possible fraud.

The main types of fraud in tourism

  1. Fraud in tourism can take many forms. Here are some of them:
    Fake travel agencies
    One of the most common types of fraud is fake travel agencies that offer tourists non-existent tours or services. They may use fake websites, social media ads, and other means to attract customers.
     
  2. Fake bookings
    Another type of fraud is fake bookings for hotels, transportation tickets, or excursions. Tourists often find that their reservations are not valid when they arrive at their destination.
     
  3. Payment fraud
    Fraudsters can use various schemes to obtain payments from tourists, such as demanding advance payments for services that will never be provided or using fake payment systems.
     
  4. Failure to provide promised services
    Sometimes travel companies promise to provide certain services but fail to fulfill their obligations. This may include failure to provide transfers, excursions or other services that were included in the tour price.
     

Legal consequences for fraudsters

Fraud in the tourism sector is a criminal offense, and perpetrators may face serious legal consequences. According to Ukrainian law, such offenses can be qualified under several articles of the Criminal Code of Ukraine:


  • Article 190 of the Criminal Code of Ukraine - Fraud
    This article provides for liability for taking possession of another's property or acquiring the right to property by deception or breach of trust. The punishment may include a fine, correctional labor or imprisonment for up to three years.
     

  • Article 358 of the CCU - Forgery of documents
    Fraudsters who use forged documents may be held liable under this article. The penalty may include a fine or imprisonment for up to two years.
     

  • Article 190-1 of the Criminal Code of Ukraine - Fraud with financial resources
    This article provides for liability for fraud related to financial resources, including the use of counterfeit payment systems. The penalty may include a fine or imprisonment for up to five years.
     

Ways to protect tourists from fraud

To avoid travel fraud, tourists should follow the following recommendations:


  • Checking travel agencies
    Before booking a tour or service, check the travel agency carefully. Check reviews from other customers, licenses and certificates, and agency contacts.
     

  • Use reliable payment systems
    Only use reliable payment systems to pay for services. Avoid prepayment if possible and check the details of payment systems.
     

  • Document retention
    Keep all documents related to your booking and payment for services. This may include receipts, booking confirmations, and other documents that may be useful in case of disputes.
     

  • Contacting Law Enforcement
    If you are a victim of fraud, please contact law enforcement immediately. Providing timely information will help investigate the crime and bring the perpetrators to justice faster.
     

  • Consultation with a lawyer
    If you are a victim of fraud, contact a lawyer for advice and assistance in protecting your rights. A lawyer will help you prepare the necessary documents and represent your interests in court.
     

  • Use of official resources
    When booking tours and services, use only official resources, such as websites of reputable travel agencies, hotels and airlines. Avoid using questionable websites and advertisements.
     

  • Awareness raising
    Raising awareness of possible fraudulent schemes is an important defense. This can include reading information about common scams, participating in seminars and trainings on consumer protection.
     

  • Monitoring reviews and ratings
    Before booking services, check reviews and ratings of travel agencies and hotels on specialized websites. This will help you avoid working with unreliable companies.
     

  • Keep in touch with your tour operator
    Keep in touch with your tour operator throughout the entire trip. This will help you quickly resolve any issues and get the support you need.
     

  • Participate in consumer protection programs
    Some countries and organizations provide consumer protection programs that may include fraud insurance, counseling, and other forms of support. Participation in such programs can be useful for tourists.
     

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Conclusion

Travel fraud is a serious threat to tourists and can have significant legal consequences for perpetrators. Following the recommendations for checking travel agencies, using reliable payment systems, and keeping your documents safe will help protect your rights and avoid unpleasant situations. In case of any problems, do not hesitate to contact law enforcement agencies and lawyers for assistance and protection of your rights.

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