Assistance in recovering money from «НЬЮЗ ТРЕВЕЛ»

Автор: admin_dev

Дата оновлення: 22 January 2015

Assistance in recovering money from «НЬЮЗ ТРЕВЕЛ»

Assistance in recovering money from the tour operator company «НЬЮЗ ТРЕВЕЛ» for affected clients for canceled tours.

Содержание статьи:

Recently our company has been encountering refusals to return funds for services not provided far too often; our policy towards such situations is to seek refunds or to punish those responsible by all available means. We understand that only public punishment of such actions can stabilize the ethical situation in the market, when everyone understands that any scam or business negligence will not go unpunished and the consumer and partner are truly protected by law.

Содержание:
General information
Instructions
Information for travel agencies
Information about the company News Travel
Update as of April 22, 2015

All document templates on this page and expert consultations are current and provided completely free of charge. In individual cases the specialists of the legal entity “Nakaz” will provide the following services:

Drafting and filing all necessary procedural documents (claim, complaints, demands), as well as monitoring the court process and providing all necessary consultations during the process – 600 UAH.
Attendance of a court hearing by an attorney – 400 UAH.

On this page we will post information on the progress of the case for returning funds, collect information about the affected parties, and publish instructions and sample documents that are necessary to assert your rights legally. Unfortunately, recently there has been an increase in cases where companies refuse to return money for services not rendered, citing the “situation in the country”.

More details about the situation here – Tour operator News Travel has suspended its activities

20.01.2015 the company “Nakaz” was approached by people affected by flight and tour cancellations and the problem of refunds with a request for legal proceedings regarding failure to refund funds for air tickets and tours. In connection with this we began actively collecting information on this case and gathering those affected for collective “pressure” on «News Travel» with the aim of an expedited return of money for services not provided. We ask, if possible, to try to conduct correspondence/comments on the Facebook page Nakaz law firm’s page on facebook.com so that news is available to everyone at the same time. As of today already 12 companies have contacted us for help.

Please fill out the form so that we can create a list of those affected and inform you
form for collecting data on refunds from «News Travel»

IMPORTANT TO REMEMBER THAT TO PROTECT YOUR RIGHTS YOU MUST ACCUMULATE AS MUCH PAPERWORK AS POSSIBLE, ALL DEMANDS AND NEGOTIATIONS SHOULD BE IN WRITING ONLY, YOU SHOULD BUILD A HISTORY OF YOUR INTERACTIONS AND DEMANDS, SAVE EVERYTHING – RECEIPTS, LETTERS SENT AND RECEIVED, VOUCHERS, PAYMENTS, ADDITIONAL EXPENSES, ETC. THESE WILL BE NEEDED LATER.

INSTRUCTIONS

Step-by-step sequence of actions for travelers, agencies and companies affected by the failure of the company “News Travel” to fulfill its obligations:

1. PREPARATION OF A REFUND DEMAND

Prepare a “demand” (вимогу) for the refund of funds for tourist services that were not provided.
Example document of a “demand” (вимога):

for tourists

demand for refund from an individual
* you must fill the demand with your own details, print and sign it.
Attach the following documents to the demand:
copy of passport: pages 1, 2, the page with the latest photograph and the stamp of affixed photo, the pages with information about place of residence);
copy of the certificate of assignment of identification number;
copy of the contract for the provision of tourist services;
copy of the invoice according to which the payment was made;
copy of the payment document that confirms the fact of payment.
On all pages of copies of documents write by hand “Certified true copy (З оригіналом згідно)” and sign.

for sole proprietors and legal entities

demand for refund from a legal entity
Fill the demand with your details, print and sign it and affix the company seal.

Here NewsTravel offers their document scheme for refunds http://www.newstravel.com.ua/zachet-vozvrat
We would not recognize these funds as “excessively transferred funds” as NewsTravel proposes, because that wording is not in our favor; we did not “over-transfer” money, but did not receive the ordered and paid services under the contract — we were deceived, not that we mistakenly transferred more money than required.

2. SENDING THE DEMAND

Send the “demand” by registered mail with delivery notification and an inventory of documents to the address of the Kyiv office of “News Travel”:
04210, Kyiv, Heroiv Stalingrada Ave., 6 A, bldg. 2
Be sure to keep all receipts, the inventory of documents and the delivery notification!

3. AFTER 7 DAYS PREPARATION OF COMPLAINTS AND A LAWSUIT

After 7 days from the date indicated on the delivery notification prepare the following documents:

statement of claim to the court; statement of claim to the court for the refund of money paid to NewsTravel

(ONLY FOR INDIVIDUALS) a complaint to the State Inspectorate of Ukraine for Consumer Protection http://www.dsiu.gov.ua;
Here you can review the text:
complaint to the inspectorate for consumer protection

a complaint to the State Agency of Ukraine for Tourism and Resorts http://www.tourism.gov.ua;
Here you can review the text:
complaint to the State Agency of Ukraine for Tourism and Resorts

Insurance company “VUSO”

Claim to the insurance company “VUSO” – for tours starting from 13.11.2014 for which a Certificate-confirmation of responsibility of the company NEWS Travel was issued. Please note that between News Travel and the insurance company “VUSO” there is a contract for operator liability insurance, which provides full reimbursement of the tour cost (in UAH) or expenses for accommodation abroad and return to Ukraine (within the tour cost) that the tourist was forced to incur as a result of the tour operator’s failure to fulfill its obligations. The insurance company “VUSO” will fulfill these obligations only in the event of a court ruling recognizing News Travel as bankrupt. We also draw your attention to the fact that the tour operator NEWS Travel did not pay for all insurance certificates, which is indicated on the tour operator’s own website. After clarifying the lists, at the insurance company “VUSO” you will be able to obtain information on whether your certificate was paid;

4. ON THE 8TH DAY SEND THE COMPLAINTS AND LAWSUIT.

On the 8th day (counting from the date indicated on the delivery notification of the “demand”) send (also by registered mail with delivery notification) to News Travel’s address the statement of claim and two complaints to the addresses http://www.dsiu.gov.ua and http://www.tourism.gov.ua ;

5. ON THE 15TH DAY PREPARE TO FILE THE LAWSUIT IN COURT.

Before the expiration of 14 days from the date of delivery of the initial “demand” to News Travel – expect a response;

6. FILING THE LAWSUIT IN COURT.

In the absence of a positive result after carrying out all previous points, file a lawsuit in court — there will be a separate instruction for that.

INSTRUCTION

Step-by-step instruction on filing a statement of claim in court by yourself:

1) at the following link you can review a sample statement of claim sample statement of claim
in this sample claim replace the text highlighted in red with your own data, sign the claim and put the filing date;
2) print the claim together with the attachments in three copies: one – for the court, the second – also submitted together with the first copy for the defendant, the third – for you; have the court registry stamp the acceptance mark on it. The third copy is not mandatory, but if you want proof of acceptance of the claim, you should do this. Also immediately check the telephone number of the registry, you may need it;
3) bring all claims to the court at the address of your registration, ask where the registry is (do not forget to have the acceptance mark placed on your copy). If you do not know where the court in your district is located, contact us with a comment (indicating your registration address) on our company’s website or on social networks or clarify this information with our company’s staff by phone;
4) wait for the “ruling” on the appointment of the court hearing by mail (within 3 days after filing the claim; if you did not receive the ruling – call the registry number);
5) appear in court on the specified date (be sure to bring the original passport).
Attention! The court fee for filing a consumer protection claim is not payable.

Why can’t we do this for you?
Unfortunately, Ukrainian legislation does not contain the concept of a “collective claim”. Of course, it is possible to file a joint claim on behalf of several citizens, but only if their situations are similar. In addition, to provide this service we would need to prepare a power of attorney from each plaintiff authorizing the representation of their interests.

Information for travel agencies

This material can be used as a written response to any unlawful attempts to extort money from an agency. If any “authorities” come to you and threaten regarding the return of funds paid to NEWS Travel, you can call our attorney on a paid basis to “cool down” the extortionists.

UKR

According to paragraph 3 of part 2 of Article 5 of the Law of Ukraine “On Tourism”, travel agents (hereinafter – travel agents) are legal entities established in accordance with the legislation of Ukraine, as well as individuals – business entities that carry out intermediary activities for the sale of the tour operators’ tourist product and tourist services of other subjects of tourist activity, as well as intermediary activities for the sale of characteristic and ancillary services.
According to Article 20 of the Law of Ukraine “On Tourism”, it is established that under a tourist service contract one party (the tour operator who concludes the contract directly or through a travel agent) undertakes to provide, at the request of the other party (the tourist), a set of tourist services (tourist product), and the tourist undertakes to pay for it. The tour operator is responsible to the tourist for non-performance or improper performance of the terms of the tourist service contract. That is, for non-performance and for the quality of fulfillment of the obligation under the contract for the sale of the tourist product concluded by the travel agent both on behalf of the tour operator and on its own behalf, the tour operator bears responsibility. This provision regarding the tourist product applies regardless of who must provide or has provided these services (of course, unless another law or normative legal act provides that a third party is responsible to the tourist). This clarification is given in the case law on civil cases concerning consumer protection (2009 – 2012) of the Supreme Court of Ukraine dated 01.02.2013.
Funds for the tourist product are transferred to the tour operator (directly or through a travel agent).
Considering the foregoing and the fact that the cancellation of “News Travel” tours was carried out due to the fault of the tour operator, it should be borne in mind that travel agents performed their intermediary functions and are not liable for the cancellation of the tourist product.

RUS

In accordance with paragraph 3 of part 2 of Article 5 of the Law “On Tourism” travel agents (hereinafter – travel agents) are legal entities created in accordance with the legislation of Ukraine, as well as individuals – business entities that carry out intermediary activities for the sale of the tour operators’ tourist product and tourist services of other subjects of tourist activity, as well as intermediary activities for the sale of characteristic and ancillary services.
According to Article 20 of the Law “On Tourism” it is determined that under a tourist service contract one party (the tour operator who concludes the contract directly or through a travel agent) undertakes to provide, at the request of the other party (the tourist), a set of tourist services (tourist product), and the tourist undertakes to pay for it. The tour operator is responsible to the tourist for non-performance or improper performance of the terms of the tourist service contract. That is, for non-performance and for the quality of fulfillment of the obligation under the contract for the sale of the tourist product concluded by the travel agent both on behalf of the tour operator and on its own behalf, the tour operator bears responsibility. This provision applies regardless of who must provide or has provided these services (provided, of course, that another law or regulatory act does not stipulate that a third party bears responsibility to the tourist). This clarification is provided in case law on civil cases concerning consumer protection (2009 – 2012) of the Supreme Court of Ukraine dated 01.02.2013.
Funds for the tourist product are transferred to the tour operator (directly or through a travel agent).
Given the above and the fact that the cancellation of “News Travel” tours was carried out through the fault of the tour operator, it should be taken into account that travel agents fulfilled their intermediary functions and are not liable for the cancellation of the tourist product.

Statements by News Travel about the situation
16.01.2015 http://www.newstravel.com.ua/news/record21145
22.01.2015 http://www.newstravel.com.ua/news/record21343
28.01.2015 http://www.newstravel.com.ua/news/record21347
refund http://www.newstravel.com.ua/zachet-vozvrat

most active discussions online
http://www.tourdom.ua/news/turoperator-news-travel-priostanovil-otpravku-turistov.html

Information about the company News Travel

LLC “News Travel” EDRPOU: 33782884
04210, Kyiv, HEROIV STALINGRADA AVE., building 6 A
Founder “PINCH BUSINESS LTD” TORTOLA ISLAND, ROAD TOWN CITY, VANTERPOOL PLAZA STREET, 2ND FLOOR, BRITISH VIRGIN ISLANDS, UK
Size of contribution to the charter capital (UAH): 6526689.00
Date of formation: 14.02.2008
SVIRIDOV OLEKSANDR DMYTROVYCH – director since 11.12.2014
Phone: 0445937337
tour operator license AE №272569 dated October 30, 2013.

Court cases related to News Travel

Preliminary search yielded 73 court cases:

As of April 22, 2015 active filing of claims against LLC “News Travel” continues. Due to the courts’ workload, decisions on the merits are only beginning to be made. Here are some of the decisions:

Kyiv http://www.reyestr.court.gov.ua/Review/43390752 – seizure of News Travel’s bank account
Kyiv http://www.reyestr.court.gov.ua/Review/43251131
Kyiv #
Kyiv http://www.reyestr.court.gov.ua/Review/43369661
Odesa http://www.reyestr.court.gov.ua/Review/43458398,
Vinnytsia http://www.reyestr.court.gov.ua/Review/43376322,
Kryvyi Rih http://www.reyestr.court.gov.ua/Review/43394658 – including awarded moral damages
Shepetivka http://www.reyestr.court.gov.ua/Review/43560662, http://www.reyestr.court.gov.ua/Review/43609712
Chernihiv http://www.reyestr.court.gov.ua/Review/43460122 – including awarded penalty for delay
Kramatorsk http://www.reyestr.court.gov.ua/Review/43539971

All these decisions granted the claims in full or in part. In any case this is a major victory. Partial satisfaction is primarily related to a lack of justification for the need to compensate moral damages. But most importantly, claims for compensation of direct material damage to tourists are being satisfied.

It should also be noted that there are negative decisions. They are mainly related to unqualified drafting of the statement of claim or incorrectly identifying the defendant. For example, the satisfaction of this claim was denied because the plaintiff sued the travel agent and involved the tour operator as a third party. The court found that the travel agent fulfilled its duties (to provide information about the tour, intermediary services) in full, therefore the claim had to be dismissed.

By this court ruling the arrest of News Travel’s accounts was denied because the claims presented by the plaintiff in his petition were recognized as unfounded and unconvincing, despite the fact that we managed to obtain the seizure of News Travel’s account for our client (decision noted above).

In addition, we explain with a concrete example the situation that interests many of our clients.

This claim was filed on 19.03.2015, but the hearing was scheduled only for 10.06.2015, although decisions have already been made on claims filed in February – March of this year, including those listed above. The date for the hearing of a case on the merits depends on the workload of each specific court and judge. Cases are assigned by the court’s automated system and the course of these events cannot be influenced.

Another example: this claim was filed on 18.03.2015 (only one day earlier than the previous one), but the hearing was scheduled for 14.04.2015.

Assistance in recovering money from «НЬЮЗ ТРЕВЕЛ»

Insurance company “VUSO”

Information about the company News Travel

Court cases related to News Travel

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