TUI daughter company was not able to seize $ 12.6 million from Kogalymavia air company
The Arbitration Court of the Moscow District oupheld the acts of lower courts that denied LLC "TT-Travel" (brand of TUI Russia) to recover from the airline Kogalymavia, who is currently working under the brand MetroJet, approximately $ 12.6 million. Tour operator required to collect from the carrier unjust enrichment under the agency agreement between the parties dated 29 February 2012. Agreement is in force until March 31, 2015, but in August 2014 TUI announced its unilateral termination. In her lawsuit, she demanded to return the overpaid payments to air company.
Capital arbitrage in the decision noted that, in accordance with the Russian civil law the unilateral abandonment of the agency contract is only permitted if it is concluded without defining the term of its expiration. In addition, according to the Court of First Instance, the plaintiff did not prove the formation on the side of the defendant's unjust enrichment.
Ninth Arbitration Appeals Court in June upheld the decision, after which it entered into force. District Court on Wednesday dismissed the appeal of travel company.
In May 2012, Metrojet has launched charter flights under the brand TUI to the most popular tourism destinations for Russians. Director of Aviation TUI Russia & CIS Evgeny Klyuchkarev said then that the brand of the company will carry out three flights A321 airliner, which completed a full rebranding: the planes were repainted, the uniforms of the crew was changed, as well as fuel supply system, and the design of the passenger compartment.
In August 2014 MetroJet announced that it stops the execution of programs of charter company TUI Russia. The report states that "the decision was made on the basis of inability to reach an agreement on the commercial terms of the partnership."
Yury Mishchenko, graduated from Moscow Institute of Foreign Languages, has more than 15 years experience in tourism and travel. Working both in tour operator company as destination manager, and in travel agency as sales manager, he is focused on analysis of Russian tour operators’ daily routine. Recently, Yury works in Baginet Marketing and Sales Agency.