RTZ & Partners SPRL, judicial administrator of SC CARPATAIR SA, presents the official position regarding the ANAT press release
RTZ & Partners SPRL was appointed as judicial administrator of SC CARPATAIR SA by the Timiş Tribunal, Civil Division Section II.
In this capacity, under the provisions of Law no. 85 / 2006 regarding the insolvency procedure, regarding the communiqué of the National Association of Travel Agencies (ANAT), sent to the travel agencies and to the press on the 19.02.2014 date, we present the following:
The ANAT press release contains erroneous information and is meant to misinform the public, bringing serious material and image damage to Carpatair.
The irresponsible manifestation of ANAT and the communication by which the agencies are calling to stop the sale of air tickets on Carpatair flights, is an action in clear contradiction with the legal provisions meant to cause insurmountable damage to Carpatair company. In view of the created situation, the judicial administrator will take all the legal steps to repair the created damages as well as to restore the legal situation.
Carpatair normally operates its flight activity, and the sale of air tickets is done both through the use of its own sales channels (online on the company's website or through the Carpatair call center) and through IATA accredited agencies, using for issuing partner documents. Carpatair interline.
We should mention that the persons who purchase travel tickets on the Carpatair lines are also under the protection of the insolvency law, benefiting from a preferential legal status vis-à-vis the creditors before opening the procedure.
The relationship between the IATA-BSP member agencies and the airlines participating in the BSP sale / settlement system are regulated by a series of resolutions issued by IATA and does not imply any other employer organization in Romania or another country. As a result, any instructions issued by a third party other than those legally entitled are not applicable and are not opposed by Carpatair.
IATA agencies were notified directly by IATA on 11 February 2014 regarding the IATA unilateral decision to temporarily suspend Carpatair company from BSP Romania, which could have the effect that IATA accredited agencies could not issue Carpatair documents regarding on the flights of the company, but in no case represents any prohibition to sell tickets on the Carpatair flights using the documents of a partner.
In parallel, Carpatair issued on the same day, 11 February 2014, a notification to all IATA -BSP Romania accredited agents with clear and precise instructions, according to the regulations governing the collaboration between these agencies and the airline, through which they were notified to the agencies. the procedures to be followed, both with regard to the future issuing of air tickets on Carpatair flights using the documents of the interline partners, as well as the procedures to be followed in the case of refund requests.
Regarding the IATA action, based on which ANAT understood to react, we mention the following:
1. The IATA was expressly notified by the judicial administrator that the insolvency procedure was opened against SC CARPATAIR SA, informing all the incidental legal provisions and all the consequences arising from the initiation of this procedure.
2. Although there was an intense correspondence regarding the IATA's obligation to continue the collaboration with Carpatair SA and its maintenance in the IATA systems of ICH and BSP settlements without imposing additional and restrictive conditions that are in contradiction with the provisions of the insolvency law, it unilaterally decided to suspend the company from all systems under its control.
3. Actions to suspend Carpatair from the ICH and BSP settlement systems will be subject to actions to attract IATA liability and to persons directly responsible for the damages created.
In the sense of the aforementioned, we emphasize that, further, Carpatair can manifest itself without restrictions on the profile market, remaining the same reliable partner. Unexpected and harmful reactions will be severely sanctioned, both in terms of insolvency law and in light of the legal provisions regarding anti-competitive practices.