HomeTourismThe travel agent defended in court the right not to pay the...

The travel agent defended in court the right not to pay the debts of the tour operator Vedi Tour

Tourists who suffered due to the cessation of the activities of the tour operator Vedi Tour are trying to recover money spent on trips that never took place from the agents through whom they booked services. Recently, such a case was considered by a court in Yekaterinburg. The plaintiff relied on the fact that he was not purchasing a tour, but only accommodation in Spain.

The plaintiff tried in every possible way to avoid involving the legal entity of a bankrupt tour operator as a defendant. His main argument was this: a travel agent must bear independent responsibility if it is not a tourism product that is sold, but a separate accommodation service. The contractor under the contract was LLC VEDI GROUP URAL. However, the plaintiff’s representative referred to the fact that the payment was made through a third party and not directly to the contractor.

However, the plaintiff’s scenario did not work. The travel agent filed a motion asking that the tour operator be named as a defendant. And this demand was satisfied. As a result, the court fully refused the tourist’s claims to the agent, deciding to recover all losses from the tour operator. Even the agent’s remuneration for the work he performed remained with the defendant. In this case, it is de jure considered as a loss of the client, which must be compensated by the main contractor.

However, the decision has not yet entered into legal force. The plaintiff plans to appeal the decision of the trial court.

“There are debates about how the distribution of responsibility should change if a travel agent books individual services rather than a tourism product. It is believed that in this case the agent bears independent responsibility. However, you need to keep in mind resolution of the Supreme Court of the Russian Federation, which states that in such cases the main defendant must still be the performer, even though he is not a tour operator,” says lawyer Igor Kositsyn, who represented the interests of the travel agent in court

Earlier, TourDom.ru wrote that some clients of the bankrupt Vedi Group will not be able to receive even the 10% of the cost of tours that insurance will allow them to compensate.

Source: Tourdom

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