National Direction Of Tourism Travel Agents - Full Text Of The Norm

Original Language Title: DIRECCION NACIONAL DE TURISMO AGENTES DE VIAJE - Texto completo de la norma

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VIEW AGENTS The National Directorate of Tourism will be the implementing agency of Law 18.829. DECEMBER No. 2.182

Bs. As., 19/4/72

VISTO Law No. 18.829; and


It is appropriate to adapt the regulation to the operational modality of travel agencies to the particular characteristics of the Argentine tourist market and to the practices of international tourism;

That these standards are unenforceable for the immediate operation of the Register of Travel Agents and the control of the quality and honesty of the services provided by such agents;

That due to the studies carried out for the implementation of Act No. 18,829, and the consultations carried out in the various sectors of tourism activity, the re-elaboration of the Decree has been necessary No. 2.254/70 and extend the deadline for registration and licensing;




Article 1 The National Directorate of Tourism will be the implementing agency of Law 18.829 and will be responsible for the Register of Travel Agents. Art. 2o- These are activities that qualify the performance of travel agencies, as set out in article 1 of Law 18,829.

In addition to such activities, travel agencies may develop, on a subsidiary basis, without separation from legal and environmental entity, the following related activities:

(a) The purchase and sale of cheques from the traveller and any other means of payment, on their own or third-party account;

(b) The formalization, by authorized insurance companies that cover the risks of contracted services;

(c) Customs offices in respect of baggage and cargo of travellers through authorized officials;

(d) The sale of tickets for public, sports, artistic and cultural shows, when they are part of other tourist services;

(e) The provision of any other service resulting from the specific activities of travel agents.

In order to carry out these activities, travel agencies must have the respective authorization of the National Directorate of Tourism and the other competent agencies, covering the respective legal requirements and considering that the economic volume of these operations does not devise the main object of the travel agency.

Art. 3. Air, railway or maritime transport companies may:

(a) Promote and sell directly to the public excursions and trips organized under the "all-inclusive" system developed by travel agencies registered in the National Directorate of Tourism.

(b) Make reservations and sales of hotel services and car rental and any other item that is directly complementary to the sale of the ticket, through its own media.

Maritime and river conveyors may organize and promote cruises with their own ships or third parties, but assuming the responsibility of shipowners and charterers for their free direct sale or through the travel agents who, in addition, must schedule and provide the services of the scales in the country.

When the ship affected to a cruise is not proper but chartered to third parties, the organizing company of the trip shall constitute an operating guarantee of fifty thousand pesos (50.000) pesos for each organized journey, similar to that required for other guarantees. These amounts will be refunded within thirty (30) days of completion of the trip, provided that there is no claim on the part of users or service providers.

Art. 4o- Agencies covered by Act No. 18,829 shall, according to their tasks, be registered under one of the following names:

(a) Travel and Tourism Companies: These are those that can carry out the activities determined by article 1 of that law for their own clients, for other agencies of the country or abroad, or for third parties;

(b) Tourism Agencies: These are those that can carry out all the activities that determine article 1 of that law, exclusively for their clients, including receptive tourism;

(c) Passage agencies: These are those that can only act in the reservation and sale of tickets in all authorized means of transport or in the sale of the services programmed by the Travel and Tourism Companies and the sea and river transporters.

Travel and Tourism Companies and Tourism Agencies may develop one or all of the activities contained in Article 1 of Law 18.829 and those authorized to supplement them. In accordance with the activities they operate, they must adapt their facilities, the number and suitability of their staff and the relevant technical structure. Violation of these principles will cause suspension and cancellation of licenses granted in the event of recidivism.

Art. 5o- They may only exercise the activities enumerated in article 1 of Act No. 18,829, who obtain their license by registering in the Register of Travel Agents to be carried by the National Directorate of Tourism, which shall be granted in accordance with the following order:

(a) Improper Permission: Individuals or firms planning to install an agency in any of the categories set out in Article 4 shall be granted once the requirements are met. This permit will be valid for a term of up to six (6) months and will allow them to initiate their commercial contacts without attention to the public, being able to be renewed for the same period when it is strongly demonstrated that such arrangements require further delay;

(b) Provisional License: Once the agency is in a position to start its activities, it will be granted and valid for the term of one (1) year. Only from the granting of this license can the agency begin public attention;

(c) Final License: After the period provided for in the preceding paragraph, the agency shall be granted this license, subject to verification that the agency has fulfilled its requirements. The agencies which, upon the date of publication of Act No. 18,829 meet all the requirements of the Act and in this decree, shall have the right to the award of the final license immediately after the creation of the appropriate security fund. Those existing at that date and who do not meet these requirements will have an improper time limit of one hundred and eighty (180) days after the publication of this decree, to be placed in such conditions and to receive their license. This deadline will be in the normal conditions of any petitioner for the first time.

Art. 6o- The licenses shall be granted after the constitution of the guarantee fund referred to in article 6 of Law 18.829 and which are set out in the following amounts for the city of Buenos Aires and a radius of forty (40) kilometers measured from kilometer zero (0) determined by the National Road Authority (Act 11.658) and for the cities of more than five hundred thousand (500,000) inhabitants:

(a) Travel and Tourism Companies: One hundred thousand (100.000) Weights;

(b) Tourism agencies: Fifty thousand (50.000) Weights;

(c) Passage agencies: Twenty-five thousand (25,000) Weights.

These guarantees will be reduced to the cities of the interior of the country, according to the following scale:

Up to twenty thousand. (20.000) inhabitants, ten (10) percent of the previous general scale.

Twenty thousand one (20.001) to fifty thousand (50.000), fifteen (15) percent.

Fifty thousand one (50.001) to one hundred thousand (100.000), thirty (30) percent.

One hundred thousand one (100.001) to five hundred thousand (500,000), fifty (50) per cent.

In the event that an agency has branches installed in different localities of the country, it will be taken as a basis for the constitution of the guarantee fund, to the central house or branch established in the town with the largest number of inhabitants.

Art. 7o- Persons affected by some of the following impediments may not be held as headlines, directors, managers, managers or promoters of travel agencies:

(a) Persons convicted of offences committed in the establishment, operation or settlement of entities;

(b) Persons convicted of offences committed for profit or against the public faith;

(c) Convicted persons with disqualification access to public office or trade;

(d) Convicted for other common crimes, excluding culposal offences, with custodial sentences or disqualification, until another time equals twice the sentence has elapsed;

(e) Those who are subjected to pretrial detention for the offences listed in the preceding paragraphs until their dismissal;

(f) Failed by fraudulent or guilty bankruptcy;

(g) The other failed and the contested up to five (5) years after their rehabilitation;

(h) Disabled for the use of current bank accounts and the release of cheques up to one (1) year after rehabilitation;

(i) Those who by competent authority have been declared responsible for irregularities in the government or administration of public or private entities.

The refusal to request for registration and authorization may be resorted to in accordance with the instances determined by the current administrative rules.

Art. 8o- Submissions to the Register of Travel Agents provided for in article 3 of Act No. 18,829 shall be made:

(a) Within ten (10) days of modification, change or replacement when its origin was unpredictable or due to causes outside the company;

(b) Thirty (30) days in advance, when it comes to statutory modifications or the incorporation of new members of the hierarchy mentioned in this article.

Art. 9o- The functional structure of the agencies must complete the following:

(a) Maintain a national and international tourist organization with branches, correspondents or delegates that are necessary to ensure an efficient delivery of their services;

(b) Contain with the specialized technical staff of recognized professional suitability to meet user requirements;

(c) possess the necessary elements of technical and consultation information related to the specific activity they carry out, and

(d) To have a place for public attention, in accordance with the regulations established by the National Directorate of Tourism for each case, taking into account the geographical location and category of the agency concerned.

Art. 10.- Agencies should register their commercial designation in the Register of Designations of Industry, Trade and Agriculture Establishments. The provisional number granted by this Register shall be accompanied to the application form for registration with the National Directorate of Tourism, having the interested parties present, within the nineties (90) days later, authenticated photocopies of the final title. Designations shall be registered to distinguish establishments dedicated exclusively to tourism, travel and passage and shall be in accordance with the following rules:

(a) Commercial rubble composed of the name or names of the holders;

(b) Fantasy name created on the basis of current uses in square can be used the adiments "strips", "tour", etc. ;

(c) In no case should the proposed designations suggest the idea of agencies or entities of an official or public good, clubs, carriers or hotels.

Existing agencies to date, which have not complied with the requirement specified in this article, shall do so within 90 days of the publication of this decree.

Art. 11.- In the advertisements, propaganda, commercial paperwork and other prints or documents used by the agency, it will be displayed together with the name of the same the addition of the activity for which it was authorized, the number of the corresponding license.

Also, in a visible place of the agency, the certificate or diploma of the National Directorate of Tourism must be displayed.

Art. 12.- A copy authenticated by the National Directorate of Tourism, Law 18.829 and the present decree and a Book of Claims signed by the National Directorate of Tourism shall be mandatory for registered agencies, with a view to displaying an indicator of the existence of such elements to the public. Any claim in the respective book must be raised to the National Directorate of Tourism with transcription of its text within forty-eight (48) working hours, indicating the respective folio. Such submission shall be made on receipt extended by the Agency in a faithful copy. Art. 13.- The services to be provided by the travel agency shall be agreed in all cases by contract signed between an authorized employee of the agency and the or users. At the very least, the following shall be recorded:

(a) Specification of services to be supplied, indicating their category;

(b) Date of delivery;

(c) Prices and conditions of payment;

(d) Periods established for confirmation or withdrawal by both parties and the respective charges, refunds and compensation in the different cases;

(e) Any obligation and responsibility assumed by agencies and clients.

Any modification to a service contract shall be made in writing and with the signature of both parties, then or added to the original contract.

Contracts referred to in this article shall meet the tax requirements in the jurisdiction in which they are held.

Art. 14.- Travel agencies shall be responsible for any service they have committed, their branches or their correspondents, provided that they are not covered by the following paragraph.

Agencies are exempt from any liability to the user, not by means of fault, dolo or negligence on their part, where they are intermediaries between the service companies and the aforementioned users, provided that such companies develop their activities subject to a regulation or legislation approved by competent authority that establishes the modalities of the hiring between these companies and the users.

Art. 15.- The persons referred to in article 1 of Act No. 18,829 are obliged to respect the official fees, not being able to make full or partial assignments to the members of the commission who perceive transporters, hoteliers and other operators, for their intervention.

The prices agreed with the users may not be modified, if not because of the alteration of the same by third-party providers of such services, the situation must be properly documented.

Art. 16.- In the event that an agency decided to voluntarily cease its activities, it will communicate this determination to the National Tourism Directorate with at least three (3) months in advance. When the previous notice is not respected, the National Directorate of Tourism will for the same period defer the return of funds or values delivered as a guarantee, so that the precautions that are considered to be most desirable can be taken to prevent a cessation of services of this nature from harming the interests of the users, as well as the prestige of the Argentine tourism. Art. 17.- For the transfer or sale of travel agencies the rules of Law 11.867 must be observed and the certificate of free debt is requested to the National Directorate of Tourism, which will be valid for ten (10) working days. Art. 18.- The buyer, intermediary or scribe acting in the transfer of a travel agency will be a debt retention agent that will throw the certificate issued by the National Directorate of Tourism. They must enter their amount to the Agency within forty-eight (48) hours of their perception, either directly or by deposit at the Bank of the Argentine Nation at the order of the same. Art. 19.- The registered agencies will have to send to the National Directorate of Tourism by 31 December of each year, the travel and excursion program that will generally plan to take place next year.

In the same way, before 30 March each year they must send a memory in which the statistical detail of the activity carried out the previous year is given.

They will also pay preferential attention to the requests for reports of the National Directorate of Tourism, in everything related to the tasks they carry out and especially when such reports are linked to statistics, market studies, operating conditions and the more it means to collaborate on the development and promotion of tourism in the country.

They are obliged to give the Agency the utmost cooperation in the study and dissemination of their plans, as well as to participate through the entity representing them in any task required for these purposes.

Art. 20. In travel and tours with expenses included, at the time the user agrees to the respective budget, the agencies are authorized to charge an advance for their services up to forty (40) per cent, respecting other legal rules, if any. Art. 21.- In the case of withdrawals affecting firm contracted services by the agency, the reimbursement of such services shall be subject to the contractual conditions under which the respective companies provide their services. In case the refunds are made, the agencies will have the right to deduct for themselves, up to ten (10) percent of them.

In the case of reimbursements for unused services and in the event that the refund is not made immediately, the agencies must submit to the service providers within five (5) days of receipt of the claim, the request for confirmation of the amounts requested by the traveler. They shall also refund the amounts corresponding within 10 days of receipt of the respective settlement.

Art. 22.- The right conferred upon the client by the contract of tourist services, individual or collective, unitary or combined, may be transferred or transferred to other persons, provided that the requirements of the carrier or the hotelier are not opposed to this, and according to the stipulations that for this purpose shall be established in advance, with express reference to the deadlines in which such replacement may be made. If the assignment or transfer is operated in people of various ages (major and minor), the agency may establish price differences. The same can be done by customers in the event that a balance return is appropriate in their favour.

In all cases of assignment or transfer, the travel agency will have the right to request an overprice of up to ten (10) percent.

Art. 23.- Travel agencies can only cancel their scheduled travel, where the National Tourism Authority believes there is a justified cause. Art. 24.- For travel agencies, it will be considered to be justified causes of cancellation of individual or collective travel:

(a) The force majeure and the fortuitous case;

(b) Where agencies, having worked with the necessary foresight and due diligence, cannot, for reasons beyond their will, dispose of all reservations of hotels, transport or other essential services, in accordance with the itinerary presented and provided that they are up to date in their economic obligations to which they are to be provided;

(c) Where the alteration of rates or exchange rates oblige a substantial increase in the price of the trip and that this gives rise to the consequent cancellations among the registered persons;

(d) When a sufficient number of registrations has not been reached, provided that such an end has been mentioned in the terms or conditions of the contract and in the respective advertisements or brochures, and that the cancellation is communicated to travelers at least 10 days in advance. In order to claim that cause it will be necessary for the agency not to charge the customers an advance greater than twenty (20) percent of the price set for the trip.

Art. 25.- In the event of unjustified withdrawal by travel agencies, of an individual or collective trip, they must return the full amount of the previous deposit, without deductions, plus a compensation of ten (10) to thirty (30) per cent, according to what the National Directorate of Tourism decides in this respect, taking into account the characteristics of the case and the background that the aforementioned agency registers and without prejudice to those to which the creditor considers, by the law. The reiteration of such unjustified withdrawals will be considered as a causal factor for the implementation of sanctions. Art. 26.- The relationship of travel agencies with companies that provide tourist accommodation (which are mentioned in this generic decree and indistinctly as "agencies", "hotels" and "hoteleros") will be governed by the following rules:

(a) Agencies must pay to the hotels in each case, if they require it and in their professional relationship with them, an advance of the total price for signs for the reservations they request;

(b) When the hotel claims an advance, the reservation will not become final until the payment of the reservation is made or the amount is credited;

(c) The aforementioned advance shall be equivalent to the amount of three (3) days of stay;

(d) In the event that the agency requires a telegraphic response to your booking request, you will be obliged to use the "paid answer" formula: The hotel's non-response leaves the agencies free to hire the services of another hotel company. The request made by an agency does not imply the obligation of acceptance by the hotelier;

(e) Travel agencies may cancel reservations they have made at hotels, without giving rise to compensation, when they do so ten (10) days in advance of the announced arrival in the case of individual travel and groups from the country;

(f) In the case of groups from neighbouring countries, the notice for cancellation may not be less than twenty (20) days and thirty (30) if they come from non-border countries;

(g) Failure to comply with these notices shall oblige the agency to pay compensation to the hotel equivalent to the advance specified in subparagraph (c);

(h) Except for duly accredited fortuitous or force majeure cases, if at the end of the twenty-four (24) hours after the date on which the passenger must arrive, the agency does not communicate delay or change of arrival of its client will lose, as compensation, the amount deposited as advance;

(i) There shall be no compensation in the event of a partial cancellation of groups that affect up to twenty-five (25) per cent of the initial total of travellers, provided that reduction has been reported with a notice of ten (10) days. In the absence of such compensation shall be set out in subparagraph (c) for a missing person;

(j) If the hotel does not comply with the commitment made in terms of the contracted comfort, the agency may require that the passenger be offered a comfort similar to that agreed in another establishment of the same category or of the higher category, without charge for the passenger for the differences of rates produced;

(k) In cases where such services are not offered to your client and the customer is accommodated in a comfort of lower category, the agency may require in addition to the refund of the tariff difference, compensation in favor of the passenger for the value of three (3) days of stay, according to the comforts of the originally requested reservation, provided that the same exceeds the period or there is no agreement of parties;

(l) By mutual agreement between the agency and the hotel the pre-payment regime may be replaced by the sealed and signed by the person responsible for the hotel, of the request for reservation made by the agency;

(m) The rules contained in the agreements between the International Federation of Travel Agencies (FIAV) and the International Association of Hoteliers (AIH) as well as among other professional organizations of the country and abroad, in order to regulate their mutual relations, shall be of additional application as soon as they do not oppose the provisions of this decree.

Art. 27.- Hotel companies will not be able to offer and sell directly to the public other tourist services that are not the ones of their specific activity, but they will be able to agree with the travel agencies the functioning of counter-shots in their establishments. Art. 28.- Travel agencies shall be entitled to demand annulment of contracts and compensation for breach of the carrier, in the following cases:

(a) Failure to comply with the agreed positions (signed or paid);

(b) Suspend or delay the journey, alter or not complete the itinerary, without cause to excuse your responsibility.

Explain the responsibility of the carrier, the force majeure and the case fortuitous, non-imputable accident or unforeseen mechanical inconvenience and impossible to correct in time.

Art. 29.- Non-commercial non-profit entities that include in their statutes the organization and programming of tourist activities should be registered in a special section of the Register of Travel Agents. Only collective travel may be organized when they meet the following requirements:

(a) That trips and excursions, in the form and opportunity to be made, are directly related to the main object of the entity and as a promotion;

(b) To be registered in the Register of Travel Agents of the National Directorate of Tourism;

(c) To comply with all security regulations and guarantees regarding the transport, accommodation and other services of an authorized travel agency;

(d) That they did not gain direct or indirect profit;

(e) To credit the necessary technical conditions and suitability of your staff. Otherwise they should use the services of an authorized travel agency;

(f) That trips and excursions are limited to their first-degree relatives and statutoryly authorized persons;

(g) That the publicity they may make refers to the persons benefited in accordance with the provisions of the preceding paragraph;

(h) Report to the National Directorate of Tourism on annual plans and programmes and their implementation.

Art. 30.- Non-commercial entities that do not include in their statutes the organization and programming of non-profit tourism activities, but which occasionally or temporarily carry out some of them, shall request authorization from the National Directorate of Tourism with sixty (60) days in advance of the realization of the same, in order that it verifies the performance of the recaudos c), d), e), f), g) and h) of article 29 of the present decree, and computes statisticse These entities, and those considered in article 29, may in no case sell tickets from regular transport lines. Art. 31.- Until the exercise of the respective professions is regulated, the suitability of the technical staff, as well as the staff of guides or guides- interpreters using the travel agencies, may be accredited by any of the following procedures:

(a) Exercise of the activity: By means of certification extended by one or more travel agencies that have an antiquity of performance not less than three (3) years, which assume full responsibility for the aval granted. In this case, the persons concerned shall accumulate a minimum age of two (2) years of activity in the branch, which shall be credited with accounting resignations or other fruitful records;

(b) Enabling title: Through the presentation of an enabling title extended by an establishment where tourism is taught at the higher level and is registered with the competent official bodies.

The adequacy of the staff of the agencies that at the date of the publication of this decree has two (2) years of operation, will be credited, when the background of such agencies becomes unobjectable.

Art. 32.- Protract the deadline agreed by article 26 of the Act 18.829 per cent eighty (180) days after the publication of the present decree, which has expired which companies related to the tourist activity may not maintain commercial treatment or pay fees to agencies that do not have their corresponding license, either provisional or definitive. Art. 33.- Default of Decree 2254/70 and leave without effect the precarious permits and provisional licences granted by previous regulations of Law 14.574. Art. 34.- The Ministry of Tourism of the Presidency of the Nation shall propose, if necessary, the modifications to the organizational structure of the National Directorate of Tourism, in order to better fulfill the functions entrusted to it in this decree. Art. 35.- Contact, post, give to the National Directorate of the Official Register and archvese.


Arturo Mor Roig.