Why will the refusal to pay tourists in the insurance sum of the travel agent commission?
Why it creates a precedent and why causes such debates in the environment of even lawyers? Recall the situation, as a result of which the need to pay insurance to tourists.
OOO «Rus-tour», Operator in the Chinese direction, ceased to exist. Former tour operator did not fulfill his obligations to customers. Turning to the insurance company with statements, tourists received information that the operator was insured in the amount of 50 million rubles., Appeals turned out to be 212 million rubles. Accordingly, the amount of compensation from the insurance company will be taken into account only with the coefficient of 0.2323. The first payments have already begun on February 4, reported in the SC «Agreement».
The legal incident happened due to the unwillingness of the insurance company to include money paid in the insurance amount paid to travel agencies as a reward for services. On the one hand, the tourist should receive compensation, based on the amount of funds spent on a tourist, it should not be interested, how exactly these funds were distributed among service providers. On the other hand, there is a position of the tour operator who paid the remuneration to the agent, and in the monetary size of the Insured Topica, only the amounts paid under the Contract for the Tourist Services themselves.
From the side of the insurance company of violations – By law, it takes into account the information provided by the tour operator. But the law on tourism states that under the real amount of the damage to the tourist, which is subject to return on the insurance contract for the responsibility of the tourist operator, is understood as the full amount of funds made for the turpake package.
If you analyze the text of the Federal Law «On the basics of tourist activity in the our Federation», then there is no word about agency remuneration. Today, the relationship between the tour operator and the travel agent is not regulated by the sectoral law and are based exclusively in the partner contracts. By the way, in the Civil Code, this type of relationships is also not mentioned. Consequently, it is not clear, on the basis of which apply the rules of law.
Add that the SC «Agreement» suggested tourists to demand a part of the money left as agency remuneration from the agent himself, which, in turn, caused a disturbance of the latter.
The current state of things – a serious signal to the authorities to consider and resolve the activities and obligations of travel agents in relation to both tourists and tour operators, because due to the pandemic, it can stop its work not yet one entity of the tourist market. And then a legal event can lead to a legal collapse, and insurance companies, as they have been in a very difficult and inconsistency will take all measures to reduce insurance payments using all the processes and imperfections of the law.
If we talk about the above conflict, it can be assumed that it will lead to a lot of lawsuits, in which the victims of the victims will perform, and the defendants can be the insurance company, and the tour operator, and the travel agent. And the cornerstone, most likely, will be the analysis of the question, why the amount on which the tour operator was insured with the loud name LLC «Rus-tour», It was originally so meager to act as a financial guarantee.