Новогодний «подарок» Ростуризма: паника на рынке

В последние дни ушедшего года, сразу после решения Федерального агентства по туризму РФ (Ростуризма) от 30 декабря об исключении из Единого федерального реестра туроператоров 19 юридических лиц, российский туристический рынок начало лихорадить.

Туристы, узнавшие о ситуации из СМИ, в панике звонили своим турагентам, чтобы выяснить, состоятся ли оплаченные поездки. Турагенты, в свою очередь, обрывали телефоны туроператоров, пишет RATA-News. Исключенные из реестра компании постарались успокоить клиентов, несмотря на то что сами были ошарашены новостью, ведь никаких предварительных уведомлений от Ростуризма им не поступало.

В Российском союзе туриндустрии (РСТ) отмечают, что исключение из реестра 19 юридических лиц противоречит закону «Об основах туристской деятельности в Российской Федерации». В отраслевом законе перечислены все причины, по которым компания может быть исключена из Единого федерального реестра, и ни одну из них невозможно «притянуть» к санкциям против Турции и турецких компаний. Таким образом, Ростуризм убрал с рынка организации на основании, не упоминающемся в главном для российского турбизнеса документе.

Более того, подчеркивают в РСТ, исключение туроператора из реестра не означает автоматического запрета на его деятельность. Согласно закону «Об основах туристской деятельности», осуществление туроператорской деятельности на территории России «допускается юридическим лицом при наличии у него договора страхования гражданской ответственности… либо банковской гарантии исполнения обязательств по договору о реализации туристского продукта». Также туроператоры, осуществляющие деятельность в сфере выездного туризма, должны быть членами «Турпомощи». Все юридические лица, исключенные из реестра 30 декабря, имеют действующее финансовое обеспечение и входят в «Турпомощь», а значит, с формальной точки зрения, могут продолжать туроператорскую деятельность.

К сожалению, российские туристы, наученные горьким опытом предыдущих потрясений на рынке, связанных с внезапными банкротствами крупных игроков, не вникают в юридические тонкости. Вторая волна паники началась уже 31 декабря: клиенты, собиравшиеся в поездку на каникулах, звонили туроператорам и требовали расторжения договора и возврата денег.

«Отверженные» компании еще 30 декабря заявили, что занимаются вопросом восстановления в реестре. А 31 декабря Ростуризм объявил, что исключенные туроператоры смогут быть восстановлены, если докажут отсутствие турецких бенефициаров. Остается неясным, почему Федеральное агентство по туризму не запросило у «подозрительных» туроператоров необходимые сведения заранее, предпочтя сперва исключить их из реестра и посеять панику на рынке накануне зимних каникул. Тем более что многие юридические лица, упомянутые в приказе, формально никак не связаны с Турцией, зарегистрированы и платят налоги в России, их руководители – также российские граждане. А значит, их вообще не должны касаться ограничения, обозначенные в постановлении Правительства РФ от 29 декабря «Об утверждении перечня отдельных видов работ, выполнение которых на территории России организациями, находящимися под юрисдикцией Турции, а также организациями, контролируемыми гражданами Турции и (или) организациями, находящимися под юрисдикцией Турции, запрещено с 1 января 2016 года»».

В настоящее время исключенные из реестра компании продолжают выполнять обязательства по договорам, заключенным до 1 января. С ними можно продолжить работу через юридические лица, оставшиеся в Едином федеральном реестре туроператоров: «Корал тревел» обслуживает клиентов через «Туроператор Корал Тревел Центр»; «Санмар Тур» – через «Оператор выгодных туров Санмар»; «Анекс» – через «Эксклюзив Трэвел»; «Пегас» – через 11 юрлиц, оставшихся в реестре.

Источник: travel.ru

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