The court of Petersburg: the clients of tour operators bankrupt can return the money without cash receipt

ST. PETERSBURG, October 17. /Corr. Svetlana Afonina/. Clients tour operators recognised by the bankrupt, may be included in the creditors ‘ register, if in the hands of the ticket, but no cash receipt. This decision was made by the thirteenth arbitration appeal court within the framework of bankruptcy of travel Agency “Neva”.

“The visitor permit is a document confirming the acceptance of funds in the case of tourist services to the population”, – said in a ruling published Monday on the website of the court.

As follows from the materials of the case, the client of travel Agency “Neva” Cyril Rudow filed a lawsuit in the Arbitration court of St.-Petersburg and Leningrad region. In the application he requested that it be included in the register of creditors requirements the cost of the tour, who could not attend, in the amount of 57.9 thousand. The court issued a negative decision, citing the fact that the plaintiff did not provide evidence of payment of the tour.

In the appeal the client “Neva” told me that concluded with firm the contract ticket he could get to the hands only after full payment of the tour. Having studied the case materials, the court of second instance concluded that, “because the debtor is not a proven fact of execution of the contract, influencing the composition and size of creditor claims, the claims in the amount of 57 980 rubles should be considered justified”.

An appeals court reversed the decision of the lower court and included this amount in the registry of creditors ‘ claims, “given them as requirements to be satisfied at the expense of the remaining property after the repayment of creditors of the third turn”.

As previously reported, “Neva” became the first travel company in St. Petersburg, suspended operations in July 2014 due to financial problems. Then the RF IC opened a criminal case, seized financial documents and detained the company’s CEO Maxim Pirogov in the case of fraud, he was placed under house arrest.

In January 2015, the Arbitration court of Petersburg and Leningrad region has recognized CJSC “Company “Neva” bankrupt by decision of the founder and under a simplified procedure (bypassing stage such as monitoring, financial management of the rehabilitation and external management). From case papers follows that, by the end of June, the amount of accounts receivable of the tour operator was 1.2 billion rubles, the total value of all assets – 725,49 million

In may bankruptcy was extended for six months the consideration of the report of the bankruptcy Trustee Andrew Colin was appointed on 22 December.

Neva, established in 1990, was one of the largest Russian tour operator. The company was among the top five tour operators in Russia for outbound tourism and the three leading tour operators of St. Petersburg.