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