Protecting the business reputation of a travel agent

Situation

The travel agent entered into the agreement with clients for the provision of travel services, but could not send tourists on a trip due to the cancellation by Flydubai flight program to Belarus. The travel agent returned the money to the tourist. However, the tourist filed a lawsuit for consumer protection and demanded a penalty and compensation for non-pecuniary damage.

Work process

We proved in court that the travel agent (my client) did not violate consumer rights. It was not possible to send tourists on a trip due to the cancellation of Flydubai flights, which means that the obligation of a travel agent to send tourists on a trip has ceased on the grounds of “impossibility of performance”. And since there is no obligation, then it is illegal to apply the sanctions established by the Law “On Protection of Consumer Rights”, because it is impossible to punish someone for non-fulfillment of a non-existent obligation.

Result

The court issued a decision by which the tourist refused to satisfy the claim and recovered from the plaintiff in favor of the client the costs of paying for the services of a lawyer in full. The travel agent not only protected her good name and avoided the collection of penalties, but also compensated her expenses.

The court's decision

Protection of an individual entrepreneur from the claim of the car lessor

Situation

The client, an individual entrepreneur, rented two cars from an individual and used them in a taxi. After the end of the lease, the owner of the cars revealed breakdowns, defects and malfunctions in them, in which he blamed the lessee – an individual entrepreneur. The owner of the cars went to court and tried to recover the cost of repairs from the client.

Work process

The attorney attended every court session. It was proved that malfunctions and breakdowns of cars could occur after they were handed over to the owner and that the client was not to blame for their occurrence. Emphasis was placed on the lack of evidence of the return of the car with damage. Indicated on the incompleteness of the testimonies of witnesses. The attorney also provided an appraiser’s certificate, which refuted the methodology for determining the amount of damage applied by the plaintiff.

Result

The client won the legal dispute and does not have to pay the lessor money for car repairs. The owner of the car in favor of the client recovered the costs of paying for the services of the attorney.

The court's decision

Protection of an individual entrepreneur from the requirements of the Social Security Fund

Situation

Social Security Fund presented a demand to an individual entrepreneur to pay a large amount of debt on contributions. The entrepreneur worked under an employment contract during the period for which the Social Security Fund accrued contributions, so he does not have to pay contributions. However, the employer did not provide reporting (PU) to the fund that the entrepreneur also worked under an employment contract. Therefore, the Fund had no reason to write off the debt.

Work process

To write off the debt on contributions, the attorney has prepared a statement of claim to the employer to establish the fact of labor relations. He advised the entrepreneur on how to behave in court and prove his case, what arguments and arguments to achieve a positive decision.

Result

The court satisfied the claim and established the fact of labor relations. The individual entrepreneur presented the court decision to the Social Security Fund and proved that he worked under an employment contract during the period in which the contributions were accrued. The Fund wrote off the debts of individual entrepreneur.

The court's decision