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Sep 12, 2023 (newstodate): Unilateral cancellation of a charter flight agreement can cost dearly...
The Lithuanian charter and ACMI carrier GetJet Airlines has won a court case filed against the tour operator Novaturas that is now to pay 1.65 million euro in damages plus eight percent in annual interest.
The Vilnius Regional Court rejected Novaturas' request, declaring that even after the lifting of the Covid-19 quarantine, the Novaturas had not fulfilled its obligations under the charter flight agreement with GetJet Airlines due to force majeure circumstances.
The court also dismissed Novaturas' request to exempt them from contractual civil liability for force majeure circumstances as unfounded, recognizing the unilateral termination of the contract as unlawful.
The legal dispute between Novaturas and GetJet Airlines arose from a long-term charter flight service agreement signed in 2018, under which their collaboration was supposed to continue for six years until the end of 2024, with option for termination after four years, at the end of 2022.
However, Novaturas unilaterally and unlawfully terminated the agreement already by the end of 2020, seeking to avoid the damages stipulated in the contract.
The contract guaranteed a significant volume of flight hours for GetJet Airlines, prompting the acquisition of three Airbus A320 aircraft one year after signing the contract.
GetJet Airlines has however been doing well, apart from the collapse of cooperation with Novaturas.
This summer, GetJet Airlines took delivery of one Airbus A321 - a new type in the fleet.
This latest addition joins three Airbus A320 and two Boeing 737-800 aircraft also delivered earlier this summer, adding a total of six new units in time to serve customers with lease options during this summer schedule.
In the fleet today are six Airbus A320, five Boeing 737-800 and one Airbus A321 aircraft.