The Federal Law On the basics of tourism in the Russian Federation , adopted by the State Duma on January 17 2007 Approved by the Federation Council on 24 January 2007 (In the revision of the Federal Law from 03.05.2012 N 47-FZ) Article 1 OF THE PRESIDENT OF THE RUSSIAN FEDERATION 5491; 2003, N 2, sect. 167; 2004, N 35, sect. The following modifications: 1) Article 1 should be redrafted to read: " Article 1. The main concepts of this Federal Act are: Tourism-temporary travel (travel) of citizens of the Russian Federation, foreign nationals and stateless persons (hereinafter referred to as "persons") c Permanent place of residence in medical and recreational, recreational, cognitive, physical, physical, professional, business, religious or other purposes, without any activity related to obtaining income from sources in the country (place) temporary stay; tour operator and travel agency activities, as well as other travel activities; Tourism tourism within the Russian Federation for persons residing permanently in the Russian Federation; Visiting-tourism of persons permanently residing in the Russian Federation, in another country;
tourism, tourism within the Russian Federation for persons not permanently resident in the Russian Federation; international-tourism or inbound;
tourism social- Tourism, fully or partly financed by budget funds, public funds (including public social assistance funds) and employers ' funds; Tourism tourism, organized by tourists on its own; tourist who is visiting the country (place) in temporary stay in medical and recreational, recreational, cognitive, physical culture-sports, professional-business, religious and other purposes without occupation of activities relating to the income from sources in the country (s) of temporary stay, from 24 hours to 6 consecutive months, or at least one sleepover in the country (s) of temporary stay; tourist resources-natural, historical, Sociocultural sites that include tourist facilities, as well as other facilities that can satisfy the spiritual and other needs of tourists, contribute to the maintenance of their lives, the rehabilitation and development of their physical forces; The tourist industry is a collection of hotels and other accommodation facilities, Means of transport, spa facilities and recreation facilities, catering facilities, facilities and means of entertainment, educational, business, health, sports and other facilities, organizations, Implementing and operating tour operators, operators of tourist information systems and organizations providing guides, interpreters and conductors (guides); for the carriage and accommodation of The total price (regardless of the inclusion in the total price of the cost of excursion services and (or) other services) under the sales contract; [ [ Imperial activity]]-activity of formation, promotion and Implementation of a tourist product carried out by a legal entity (hereinafter-the tour operator); travel agency activity for the promotion and sales of a tourist product carried out by a legal person or individual Businessman (hereinafter-the travel agent); the customer of the tourism product- A tourist or other person who supplies a tourist product on behalf of a tourist, including a legal representative of a minor tourist; the formation of a tourist product-the activity of the tour operator for the conclusion and execution of contracts with by third persons providing individual services entering the tourist product (hotels, carriers, guides (guides) and others); the promotion of the tourism product is a set of measures aimed at the sales of the tourist product (advertising, Participation in specialized exhibitions, fairs, organization tourist information centres, publication of catalogements, booklets and other; implementation of the tourism product-activity of the tour operator or travel agent for the conclusion of a treaty on the sale of a tourist product with a tourist or other customer Touring the tourism product, as well as the activities of the tour operator and (or) third persons to render services to a tourist in accordance with this contract; excursionist is a person visiting the country (s) for the period of temporary admission; less than 24 hours without a sleepover in the country (s) of temporary stay and using Guided tour (guide), guide-guide; guide-guide-trained person who conducts activities to familiarize tour operators (tourists) with objects in the country (place) of temporary stay; guide-translator is a professionally trained person who is fluent in foreign language, whose knowledge is necessary to translate and carry out activities to familiarize the tourists (tourists) with the objects of the exhibition in the country (s) host; Instructor- a professionally trained person accompanying tourists and ensuring their safety while passing tourist routes; (Paragraph 26 of paragraph 1 is no more effective-Federal Law from 03.05.2012. N 47-FZ) 2) in article 4: (a) Part Three and Part Four, as follows: " State regulation of tourism activity in the Russian Federation shall be implemented by: Identify priority areas for tourism development in the Russian Federation; regulatory legal regulation in the field of tourism; development and implementation of federal, sectoral and regional development programmes Tourism; Domestic and international tourism markets; Protection of the rights and interests of tourists, ensuring their safety; promoting human resources in tourism; development of scientific research in the field of tourism; standardizing and classiating tourism industry objects; creating and maintaining a single federal registry of tour operators (also a registry); tourism information management; favourable conditions for the development of the tourism industry; State services in tourism; interactions with foreign States and international organizations in the field of tourism, including through the representation of the federal executive branch in the tourism sector of the Russian Federation State regulation of tourism activities in the Russian Federation shall, within the limits of its powers, exercise the federal executive authority vested with the functions of public policy, normative and regulatory authority. Legal regulation, provision of public services and management of state property in tourism (hereinafter referred to as the federal executive authority in the tourism sector). "; b) to be supplemented with Part 5: " Procedures for the delivery of tourism products is defined by the Government of the Russian Federation. "; 3) to supplement article 4-1 as follows: " Article 4-1. Conditions for the implementation of the tour operator activity. In order to protect the rights and legitimate interests of citizens and legal entities, the unified federal registry of the Russian Federation is allowed by a legal entity, if any He has a liability insurance policy for non-performance or improper performance of the obligations under the sales contract or a bank guarantee of performance of the obligations under the sales contract (continued) All tour operators registered in the territory of the Russian Federation in accordance with the Federal Law "On State Registration of Legal Persons and Individual Entrepreneurs" must have financial security, under this Federal Act. Financial security is not required for: organizations that conduct guided tour operations in the Russian Federation for a period of up to 24 consecutive hours; State and municipal unitary enterprise Enterprises, as well as State and municipal agencies working to organize travel within the territory of the Russian Federation at the price specified by the State, in order to solve social problems. In the territory of the Russian Federation, the implementation of a tourist product, formed by a foreign legal entity, an individual entrepreneor, or an organization other than a legal entity in accordance with the law A foreign State (hereinafter referred to as a foreign tour operator) is entitled to carry out legal persons having financial security received in the manner and under the conditions provided for by this Federal Law. The requirements of this Federal Law to carry out the activities of the Imperial activity are also applicable to legal entities implementing the tourist product in the territory of the Russian Federation, formed by a foreign tour operator. The information about the tour operator is entered in the registry. The registry contains the following information about the tour operator: full and abbreviation in Russian; if the name of the tour operator is in one of the languages of the peoples of the Russian Federation and (or) in a foreign language-also the name of the tour operator in this language; address (location) and postal address; founder's account information; series, number and date of issuance of a document confirming Recording of the legal person conducting the tour operator activity, into a single State register of legal entities; series, number and date of issue of the certificate of registration in the tax authority, identification number of the tax payer; surname, name and patronymic of the head A legal entity (hereinafter referred to as the head of the tour operator); financial security, number, date and duration of the civil liability insurance contract for non-performance, or Improper performance by the tour operator of the obligations of the contract of implementation A tourist product (hereinafter referred to as the insurance liability of the tour operator) or a bank guarantee of performance of the obligations under the sales contract (hereinafter referred to as the bank guarantee), the name of the organization which has granted financial security; the field of tour operator (international tourism, domestic tourism, international and domestic tourism); addresses (locations) and postal addresses of the structural subdivisions of the tour operator, The operation of the tour operator. Maintenance of the register is carried out by the federal executive authority in the field of tourism. The information about the tour operator is entered into the register on the basis of a statement by the tour operator, submitted to the federal executive branch in the sphere of tourism and containing the information to be entered on the register. The declaration shall be in writing and shall be certified by the signature of the head of the tour operator or other person authorized to represent the tour operator. At the same time, the head of the tour operator or other person authorized to represent the tour operator shall indicate the data of his passport and, in his absence, a different document of identification in accordance with the legislation of the Russian Federation. Together with the statement by the tour operator to make information about it in the registry documents attesting information about the tour operator to be entered into the register or certified copies of these documents are presented in the notarized order. The Federal body of the executive power in the tourism sector no later than five days from the date of receipt of the application of the tour operator with all the necessary documents makes a decision to submit information about the tour operator to the registry or to refuse entering such information into the registry. These decisions are issued by an appropriate act of the Federal Executive in the field of tourism. No fee is charged for the application of the tour operator to be informed of it in the register and for making such information on the register. If the information about the tour operator is changed, the tour operator is obliged not later than 10 days from the date of the change to notify the federal executive authority in the sphere of tourism and submit documents in writing, confirming the validity of these changes or of the notarized copy of these documents. In the case of a decision by the federal executive branch in the tourism industry to refuse information on the tour operator to the registry, the decision must be motivated. Certified by the official of the Federal Executive in the sphere of tourism, a copy of the said decision, which contains grounds for refusing to provide information on the tour operator to the registry, no later than the day following the day of the decision, is sent to the tour operator, with notification of her service, or is given under the receipt to the head of the tour operator or other person authorized to represent the tour operator. Grounds for refusing to provide information about the tour operator to the registry are: presenting false information about the tour operator; the non-conformity of the financial requirements of the tour operator, under this Federal Act. The Federal Authority for Tourism publishes at least once a year in public periodicals and posts and updates the following information on its website a tour operator in the registry: full and abbreviation; address (location) and postal address; taxpayer identification number; financial security, number, the date and duration of the tour operator's liability insurance policy, or Bank guarantee, name, address (location) and postal address of the organization providing the financial security; addresses (locations) and postal addresses of the structural units of tour operators The tour operator. If the information in part of this fourteenth article changes to the registry, such information shall be made available by the Federal Executive in the field of tourism on its web site not later than three Working days from the date of receipt of such information. Other information about the tour operator contained in the registry shall be submitted in writing to the public authorities and local authorities. According to the tour operator, information about which has been entered in the register, the federal executive authority in the sphere of tourism may be issued a certificate of information about the tour operator in the register. The form of the certificate and the procedure for its extradition are determined by the federal executive authority in the field of tourism. The Federal Executive in the sphere of tourism excludes the information about the tour operator from the register in cases of: liquidation of the tour operator-from the day following the day when the federal executive branch is in the sphere In accordance with the Federal Law "On State Registration of Legal Persons and Individual Entrepreneurs", it became known that the tour operator is in the process or from the day following the day of publication in accordance with the The Federal Act on the impending exclusion of the tour operator from the single State Register of Legal Persons; the termination of the activities of the tour operator as a result of reorganization, except in the form of reorganization from the day following the day when the federal executive branch in the sphere of tourism became aware of the completion in accordance with the Federal Law on State Registration of Legal Persons and Individual business " to reorganize the tour operator; the availability of financial security for a new period, from the day following the expiration of the deadline set out in article 17 to 3 of this Federal Act for the submission of financial support for a new period of time. The decision to exclude the information on the tour operator from the register shall be prepared by an appropriate act of the Federal Executive in the field of tourism. The decision must be motivated. Certified by the official of the federal executive authority in the field of tourism, a copy of the decision providing grounds for excluding the tour operator from the register no later than the day following the day of the decision is sent to the tour operator with a notice of delivery or shall be granted to the head of the tour operator or other person authorized to represent the tour operator. The decision to exclude details of the tour operator from the registry shall enter into force on the date of its adoption. In the field of tourism, the Federal Executive Body in the field of tourism no later than three days from the day of making the decision places it on its Internet site. The decision to exclude details of the tour operator from the registry may be appealed to the court. "; 4) article 5, amend to read: Article 5. Standardization and classification of tourist sites of the industry Standardization and classification of tourist industry objects are carried out in accordance with the legislation of the Russian Federation. "; 5) Article 6 should read as follows: " Compensation for damages and compensation for moral injury in case of failure to comply with the terms of the contract for the sales of a tourist product by a tour operator or a travel agent, in accordance with the procedure established by law of the Russian Federation; "; 6) and 10 , to read: " Article 9. The general conditions for the formation, promotion, and realization of the tourism product Tourist product is formed by the tour operator as it sees fit, based on the conditions of the tourist market or at the task of a tourist or other customer A tourist product (hereafter referred to as a customer). The tour operator provides tourists with all the services of a tourist product independently or with the involvement of third parties, who are entrusted by the tour operator with the performance of a part or all of its obligations towards tourists and (or) other customers. The tour operator is responsible under Russian law to a tourist and (or) other customer for non-performance or improper performance of the obligations under the sales contract (in the case of the Russian Federation) Number of non-delivery or improper provision of tourist services to tourists, regardless of who was to be provided or provided with these services. The tour operator is accountable to tourists or other customers for actions (inaction) of third parties, if federal laws and other regulatory legal acts of the Russian Federation do not establish that responsibility for tourists the third person. The tour operator is responsible to the tourists and/or other customers also for the actions (omissions) committed on behalf of the tour operator by its travel agents within the limits of their duties (authority). Promotion and sale of a travel agent by a travel agent shall be carried out on the basis of a contract concluded between the tour operator and the travel agent. The party carries out the promotion and sale of the tourism product on behalf of and on behalf of the tour operator, and in the cases stipulated by the contract, concluded between the tour operator and the travel agent, on its own behalf. A contract to be concluded between the tour operator and the travel agent shall contain: conditions for the promotion and realization by the travel agent; the authority of a travel agent to conduct transactions with tourists and (or) other Customers on behalf of the tour operator; condition that provides for the possibility (inability) of the travel agent to negotiate a travel agent; how the tour operator and travel agent interacts with tourists or other customers under the sales contract Product: condition that provides for the possibility of payments to tourists and/or other customers of the insurance claim under the liability insurance liability of the tour operator or payment of a bank guarantee in the case of The conclusion of a tourist product contract between a tourist and a (or) customer and a travel agent; the mutual responsibility of the tour operator and travel agent, as well as the responsibility of each party to the tourist and (or) other customer for the Failure to submit or report unreliable tourist information -product, for failure or improper performance of obligations under the contract for the sale of the tourism product. Article 10. Features of the implementation of the tourism product Implementing a tourist product is carried out on the basis of a contract concluded in writing between the tour operator and the tourist and (or) other customer, and in the cases provided for by the present Federal law, between a travel agent and a tourist and/or other customer. The treaty must comply with the legislation of the Russian Federation, including consumer protection legislation. The essential terms of the sales contract are: full and abbreviation, address (location), postal address and registry number of the tour operator; financial size security, number, date and validity of the liability insurance contract of the tour operator or bank guarantee, name, address (location) and postal address of the organization providing the financial security; information about a tourist, as well as about the other customer and his/her authority (if the tourist is not by the customer) in the amount required for the sale of the tourism product; the total price of the tourist product in rubles; information on consumer properties of the tourism product-on the program of stay, the route and the conditions Travel, including information on accommodation facilities, living conditions (location of location, category) and food, tourist services in the country (s) of temporary stay, presence of guides (guide), guide-interpreter, guide-guide, as well as additional services; rights, obligations and responsibilities of the parties; terms of modification and avoidance of the contract; details of the order and timing of the tourist and (or) other customer of claims to the tour operator in the event of violation by the tour operator Terms of the contract; details of the order and timing of a tourist and (or) other customer claims for the payment of insurance claims under the insurance liability of the tour operator or claims for payment of the sum of money of bank guarantees, as well as information on the grounds for such payments under the tour operator's liability insurance and bank guarantee liability. The other terms of the contract are defined by agreement of the parties. (Paragraph 6, paragraph 6, is no more effective-Federal Law of 3 May 2012. N 47-FZ) Each party has the right to request a change or avoidance of the sales contract because of the significant change in the circumstances of the parties when the contract was concluded. Significant changes in circumstances include: deterioration of the travel terms specified in the contract and tourist trip; change of trip times; unexpected growth of transport It is impossible for a tourist to travel for reasons beyond his/her control (a tourist's illness, a refusal to issue a visa and other circumstances). The [ [ tourism product]] claims shall be submitted by a tourist and (or) other customer to a tour operator in writing within 20 days from the date of expiry of the contract and are subject to review within 10 days of receipt claims. "; 7), chapter IV should be supplemented by article 10-1 as follows: " Article 10-1. Features of the implementation of the tourism product travel agent This article applies to relations that arise between a tourist and (or) a different customer and a travel agent, on their behalf, a tourist product that is formed The tour operator, under a contract for the sale of a tourist product. The provisions of article 10 of this Act shall apply to these relations unless otherwise specified in this article. The Tourism Agreement concluded between the tourist and the (or) other customer and the travel agent shall, in addition to the conditions provided for in article 10 of this Federal Law, also include: full and the abbreviation, address (location) and postal address of the travel agent; information that the person (s) who provide the tourist and (or) other customer the services under the sales contract is tour operator; information about the possibility of a tourist in the event of occurrence of the circumstances referred to in article 17-4 of this Federal Law, apply to the written claim for payment of the insurance indemnity under the contract of insurance of the liability of the tour operator or the payment of the money amount under a bank guarantee. Directly to the organization that provided the financial support to the tour operator. "; 8), article 14 should read as follows: Article 14. Tourism security The safety of tourism is understood to mean the safety of tourists (excursionists), the preservation of their property, and the undiminished damage to the environment, material and spiritual values society, the security of the State. The Federal Authority in the field of tourism informs tour operators, travel agents and tourists (excursionists) about the threat to the security of tourists (visitors) in the country (s) of temporary stay, including by publishing Relevant messages in the public media. The publication is carried out in accordance with the procedure provided for in the legislation of the Russian Federation on the mass media for the publication of compulsory communications. In the event of the occurrence of a situation in the country (place) of temporary stay of tourists (excursionists), threats to the safety of their life and health, as well as the risk of damage to their property, tourist (a tour operator) has the right to demand that the sale or change of a tourist product be terminated by the court. The existence of these circumstances is confirmed by the relevant decisions of the federal authorities, the state authorities of the constituent entities of the Russian Federation, the local self-government bodies adopted in the federal laws. Upon termination of the tourist product contract in connection with the occurrence of the circumstances specified in this article, the tourist and (or) other employer shall return a sum equal to the total price of the tourist In the case of a product, and after the start of the journey, it is a part of the cost of the tourist services. When entering into a travel product contract, travel agents are required to present to the tourist and (or) other customers reliable information: about the rules of entry into the country (place) of temporary stay and departure from Countries (places) of temporary stay, including information on the need to have a visa to enter and/or leave the country of temporary residence; on the basic documents required for entry into the country (place) of temporary stay and from the country (s) of temporary stay; on dangers, c that a tourist (excursionist) may encounter during the journey; customs, border, medical, sanitary, epidemiological and other rules (in the amount necessary to travel); Representatives of the MFA of the Russian Federation to the constituent entities of the Federation A tourist (an excursionist) may apply in case of occurrence in the country (a location) of emergency or other circumstances threatening the safety of his or her life and health, or in the event of the risk of damage to the property of a tourist (excursionist); address (location (a) and the number of the contact telephone number in the country (s) of the head of the group of underage tourists (excursionists) in the event that a tourist product includes an organized departure of a group of underage tourists (excursionists) unaccompanied by parents, adoptive parents, guardians or Trustee; on the national and religious features of the country (s) of temporary stay; on other features of travel. Tourists (excursionists) to travel to the country (s) in which they may be at increased risk of infectious diseases are obliged to take preventive measures in accordance with international standards. medical requirements. Tour operators, travel agents, excursion organizations are obliged to use the services of instructors-conductors, if they are travelling by tourists (excursions) of routes, of high risk to the life and health of tourists (excursionists) (mountainous and difficult terrain, spological and water objects and others). Tour operators and travel agents, organizations carrying out guided tour services are obliged to immediately inform the federal body of executive power in the sphere of tourism, the executive authorities of the constituent entities of the Russian Federation, Local authorities, specialized services to ensure the safety of tourism and interested persons about accidents with tourists (excursionists) during high-risk routes for the life and health of tourists (excursionists), by territory Russian Federation. "; 9) to be supplemented by Chapter VII-1 as follows: " Chapter VII-1. Financial security Article 17-1. { { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \cs6\f1\cf6\lang1024 } { \b } } { \b } { \b } { \b } { \b } { \b } { \b } { \b } { \b Implementation of a tourist product, which is concluded with tourists and/or other customers directly by the tour operator or by travel agents. If the circumstances specified in Article 17-4 of this Federal Law arise, the financial security shall guarantee to every tourist or other customer who has concluded the contract for the sale of the tourism product: refund of funds made to the sales contract, for services paid for, but not provided by the tour operator or third parties, upon which the tour operator was entrusted with the performance of obligations under the contract of implementation of the tourism product; Due to tourists or other customers in compensation for real damage resulting from non-performance or improper fulfilment by the tour operator of the obligations under the sales contract, including the funds required For expenses incurred by a tourist or other employer for an unforeseen departure (evacuation) from the country (s) of temporary stay (hereinafter referred to as evacuation costs). For the purposes of this Federal Act, evacuation costs are not included in the total price of the tourism product, the costs of transportation, accommodation, and other evacuation costs. The actual damage suffered by a tourist and (or) by another customer as a result of non-performance or improper performance of the tour operator obligations under the sales contract does not include the costs incurred by the tourist A tourist in the country (place) of temporary stay at his own discretion and not conditional on a contract for the sale of a tourist product. Any amounts to which a tourist and (or) other customer are guaranteed financial security shall be used exclusively to satisfy the requirements of the tourist and (or) other employer of the rules, as established by this chapter. The insurer under the liability insurance contract of the tour operator may be an insurance organization registered in the territory of the Russian Federation and entitled to perform civil liability insurance for non-performance or improper performance of obligations under the contract (hereinafter-the insurer). The bank guarantee bank may be a bank, another credit institution or an insurance organization registered under the Federal Act on State Registration of Legal Persons and Individual entrepreneurs " (hereinafter referred to as the guarantor). The insurable operator's liability insurance cannot be terminated prematted, and the bank guarantee issued to the tour operator cannot be revoked.
The liability insurance contract of the tour operator or bank guarantee must contain a condition that includes the right of a tourist and (or) other customer who has concluded a travel agreement with a travel agent, under article 17-4 of this Federal Act, to apply to the insurer or guarantor with a written claim for the payment of an insurance indemnity under the insurance liability of the tour operator or the amount of the bank guarantee (if, in accordance with the contract, The travel agent is assigned to sell a tourist product, formed by a tour operator, between the tour operator and the travel agent. The
Rules for the application of the insurance contract for the liability of the tour operator and the bank guarantee for the financial security of the tour operator are determined in accordance with the civil law, taking into account the circumstances, as provided by this Federal Act. Article 17-2. The amount of the financial security The amount of the financial security is determined in the contract of insurance of the liability of the tour operator or in the bank guarantee and cannot be less: 10 million rubles for tour operators, The activities in the field of international tourism; 500,000 rubles for tour operators carrying out activities in the field of domestic tourism; 10 million roubles for tour operators -Domestic and international tourism. Article 17-3. The term of the financial security The financial security is specified in the liability insurance contract of the tour operator or bank guarantee and cannot be less than one year. The financial support for the new period shall be received by the tour operator no later than three months before the expiry of the current financial period. A new term of insurance for the liability of the tour operator or a new term of bank guarantee takes effect from the day following the expiry of the tour operator's liability insurance contract. or a bank guarantee, subject to payment by the operator of the value of the financial security within the period stipulated in the contract of insurance of the responsibility of the tour operator or the agreement on the issuing of a bank guarantee. The claim for insurance reimbursement under the liability insurance liability of the tour operator or the payment of a bank guarantee may be made by a tourist and (or) other customer of the insurer or guarantor The reason for this is that the financial security is valid for the duration of the financial security. Information on the availability of financial security for the tour operator is submitted to the federal executive authority in the tourism sector no later than three months before the expiry of the current financial security. Article 17-4. The basis for the payment of the insurance compensation under the liability insurance of the
tour operator or payment of the money amount on the bank guarantee A contract of insurance of the liability of the tour operator on the written request of a tourist and/or other customer when the insurance event occurred. Garant is obliged to pay the sum of money by bank guarantee on the written request of the tourist and/or other customer in case of refusal of the tour operator to pay compensation for real damage resulting from non-performance or improper performance The tour operator of the obligations under the contract for the sale of the tourist product. The basis for the payment of the insurance indemnity under the contract of insurance of liability of the tour operator or payment of a bank guarantee is the fact of establishing the duty of the tour operator to compensate the tourist and (or) other The Employer has real damage arising from the failure or improper performance of the tour operator obligations under the sales contract if this is a fundamental breach of the terms of such a contract.
A violation of the terms of the sales contract is a significant violation of the terms of the contract for the tourist and (or) other customer such damage that he is to a large extent deprived of what he was entitled to receive The conclusion of the contract. A significant violation by the tour operator of the tourism product sales contract includes: default on the performance of a tourist and (or) other customer of the travel services for the transport and (or) Location; significant deficiencies in the tourism product, including essential violations of the quality and safety requirements of the tourism product. A tourist tour operator or a tour operator may be presented for compensation for actual damage resulting from the non-performance or improper fulfilment of the tour operator's obligations under the travel product contract. by the underwriter (guarantor) jointly.
The payment of insurance reimbursement under the liability insurance liability of the tour operator or payment of a bank guarantee does not deprive a tourist of the right to claim compensation for loss of profit and/or moral damage in the travel operator OF THE PRESIDENT OF THE RUSSIAN FEDERATION Article 17-5. Payment of insurance reimbursement under liability insurance of the tour operator or payment of money under bank guarantee In cases of non-performance or improper performance The operator of the obligations under the contract for the sale of the tourism product to the tourist and/or other customer and the existence of the grounds for the payment of the insurance indemnity under the contract of insurance of liability of the tour operator or payment of the sum of money bank guarantee to a tourist and (or) other customer or his legal representative To the right, within the limits of the financial security, to submit a written claim for the payment of an insurance indemnity or payment of the sum of money directly to the organization which provided the financial security. A tourist and/or other customer's request shall specify: name, surname and patronymic of the tourist, as well as information about the other customer (if the sales contract was entered into by the customer); The period of validity and other particulars of the document submitted as financial support for the liability of the tour operator; the contract number of the sale of the tourist product and the date of its conclusion; name of the tour operator, who is provided with financial security; name Travel agent (if a tourism product contract was concluded between a tourist and a (or) other customer and a travel agent acting on behalf of the tour operator, but on its behalf); information on the circumstances (facts) showing the failure or improper performance of a travel agent (travel agent) under a contract for the sale of a tourist product; reference to the circumstances provided for in article 17-4 of this Federal Act which have served as reason Inviting the tourist and (or) other customer to the insurer or guarantor; The amount of the money to be paid to the tourist and/or other customer for the non-performance or improper fulfilment of the tour operator's obligations under the sales contract, including the amount of real damage, suffered by a tourist and (or) other customer in connection with his evacuation costs; , if the claim for payment of the money is offered under a bank guarantee to the guarantor, the details of the proof of waiver voluntary reimbursement of real damages sustained by a tourist and (or) other customer as a result of non-performance or improper performance by the tour operator of the obligations under the sales contract, and (or) number and date of the court decision that has entered into force Reparation of the specified real damage by the tour operator. The following documents are attached to the tourist and/or other customer: copy of the passport or other identification document in accordance with the legislation of the Russian Federation (with original submission) documents); copy of the sales contract (with presentation of its original); proof of actual damage sustained by a tourist and/or other customer as a result of default or improper performance the performance of the travel agent (travel agent) under a treaty Implementation of the tourism product. A requirement of a tourist and (or) other employer to the guarantor is also a copy of the document indicating that the tour operator voluntarily refused to satisfy the claim for actual damage suffered by the tourist and (or) by another customer as a result of the non-performance or improper performance of its obligations under the sales contract, and (or) a copy of the judgement of the award made by the tour operator for real damages in the suit filed in the in accordance with the provisions of article 17-4 of this Federal Act. It is not reimbursable by the insurer or guarantor of the expenses incurred by a tourist and not conditional on the quality requirements of the tourism product, which are normally required for a tourist product of this nature. In order to fulfil its financial obligations, the insurer or the guarantor may not require the submission of other documents other than those provided for in this article. A written request by a tourist and (or) other employer for the payment of an insurance indemnity under the liability insurance of the tour operator or the payment of a bank guarantee must be presented to the insurer or guarantor in the duration of the financial security. The
Insurer or guarantor is obliged to satisfy the requirement of the tourist and (or) other employer to pay the insurance claim under the liability insurance liability of the tour operator or the payment of the money amount under a bank guarantee not later than 30 Calendar days after the date of receipt of the specified requirement with the application of all the necessary documents referred to in this article. In cases where insurance claims under the insurance contract for the liability of the tour operator or the payment of a bank guarantee to the insurer or guarantor have been applied simultaneously by more than one tourist and (a) The financial statements are the responsibility of the Secretary-General of the United Nations. Security. Russian tour operator not later than 30 calendar days from the date of payment of insurance indemnity under the liability insurance of the tour operator or payment of the money amount under a bank guarantee is obliged to submit to the federal executive body of the executive The authorities in the sphere of tourism have a document confirming the increase in the financial support of the tour operator to the amounts stipulated by this Federal Law. If the document is not submitted, the federal executive branch in the sphere of tourism excludes the information about the tour operator from the registry no later than 30 calendar days from the day following the date of the submission The tour operator of the specified document. Article 17-6. An insurance contract for the liability of the tour operator The tour operator is in the order and under the conditions established by this Federal Law, at its own expense, insurance of the risk of its liability, which may result from Failure or improper performance of obligations under the sales contract of the tourism product. The operator's liability insurance object is the property interests of the tour operator, associated with the risk of the obligation to reimburse tourists and (or) other customers the actual damage resulting from the breach, or Improper performance by the tour operator of the obligations under the sales contract. The insurance case under the liability insurance contract of the tour operator is established the duty of the tour operator to compensate the tourist and (or) other customer real damage caused by the failure or improper performance of the operator. The performance of obligations under the sales contract, provided that this occurred during the term of the tour operator's liability insurance contract.
The claim for insurance compensation under the liability insurance contract of the tour operator is to be presented by a tourist and (or) other employer to the insurer within the period of limitation established by law of the Russian Federation. The
Insurer is exempted from the payment of the insurance indemnity to the tourist and/or other employer if the tourist and (or) other customer has applied to the insurer with a claim for loss of profit and/or compensation for moral injury, that arose as a result of non-performance or improper fulfilment of the obligations under the contract for the sale of the tourist product by the tour operator. The
Insurer is not exempt from paying the insurance indemnity to the tourist and (or) to the other customer under the insurance liability of the tour operator, if the insurance occurred due to the intent of the tour operator. In the liability insurance contract, the tour operator cannot be subject to the partial exemption of the insurer from the payment of the insurance indemnity (the franchise condition) upon the occurrence of an insurance event. The insurance amount under the insurance contract of the tour operator is determined by the agreement of the tour operator and insurer, but cannot be less than the amount of the financial security provided for by this Federal Law. The insurance tariff on the liability insurance contract of the tour operator is determined by the insurer on the basis of the terms of the insurance contract and taking into account the factors affecting the degree of insurance risk. The
insurance contract for the tour operator is concluded for a period of at least one year. The period of validity of the insurance contract of the tour operator's liability is deemed to be extended for the same period and under the same conditions, if no tour operator or insurer in the three months before the expiry of the period of validity of his or her validity shall declare the termination or modification of the certificate of the contract or on the conclusion of a new insurance contract for the tour operator's liability. The insurance policy of the tour operator should include: Insurance Property Definition; Insurance Property Definition; Insurance Amount; Contract duration Insurance; insurance policy and timing; The order and timing of the notification by a tourist and (or) other customer of the insurer on the occurrence of an insurance event; by the Employer or their legal representatives Reparations under the operator's liability insurance contract directly to the insurer; list of documents required to provide a tourist and (or) other customer in support of their claims against the insurrector damages; Consequences of non-performance or improper fulfilment of obligations by insurance entities. In the contract of insurance of the liability of the tour operator, other rights and obligations may be determined by agreement of the parties. The tour operator is entitled to protect his property interests under a separate insurance contract concluded with the insurer, to insure its liability for failure or improper performance of obligations under the contract of implementation of a tourist product, taking into account the payment of insurance compensations to tourists and/or other customers on additional grounds, except as provided for in Article 17-4 of this Federal Law. The provisions of this Federal Financial Support Act apply to relations under the contract of insurance of the tour operator unless otherwise specified by this article. ". Article 2 1. This Federal Act shall enter into force on 1 June 2007, with the exception of the paragraphs of the sixteenth to twentieth paragraph 9 of article 1 of this Federal Act. 2. Paragraphs 16 to 20 of article 1 of this Federal Law shall enter into force on 1 June 2008. 3. From the date of the entry into force of this Federal Law until 1 June 2008, the amount of financial security, defined in the contract of insurance of the responsibility of the tour operator or bank guarantee, cannot be less: 1) 5 million In particular, the president's income was 7.18 billion rubles ($934 million). Travel operators in domestic and international tourism . President of the Russian Federation Vladimir Putin Moscow, Kremlin 5 February 2007 N 12-FZ
