Rules for the provision of services for the sale of tourism products: how to work in this area. Provision of tourist services Rules for the provision of services in tourism

Agreement on the sale of a tourism product is the main document on the basis of which relationships are built between subjects of tourism activity (tour operator and travel agent) with consumers. It is in writing and must comply with the legislation of the Russian Federation, including legislation on the protection of consumer rights.

An agreement is considered concluded if an agreement is reached between the parties in writing on all the essential terms of this agreement.

The essential terms of the contract for the sale of a tourism product concluded between the tour operator and the consumer include:

Full and abbreviated name, address (location), postal address and registration number of the tour operator;

The amount of financial security, number, date and validity period of the tour operator liability insurance agreement or bank guarantee, name, address (location) and postal address of the organization that provided the financial security;

Information about the tourist, as well as about another customer and his powers (if the tourist is not a customer) to the extent necessary for the sale of the tourist product;

The total price of the tourist product in rubles;

Information about the consumer properties of the tourist product - about the program of stay, route and travel conditions, including information about accommodation facilities, living conditions (location of the accommodation facility, its category) and food, services for transporting tourists in the country (place) of temporary stay, about the availability of a tour guide (guide), guide-translator, instructor-guide, as well as additional services;

Rights, obligations and responsibilities of the parties;

Conditions for changing and terminating the contract;

Information on the procedure and timing for the tourist and (or) other customer to file claims against the tour operator in the event of a violation by the tour operator of the terms of the contract;

Information on the procedure and deadlines for a tourist and (or) other customer to submit claims for payment of insurance compensation under a tour operator's liability insurance contract or claims for payment of a sum of money under a bank guarantee, as well as information on the grounds for making such payments under a tour operator's liability insurance contract and under a bank guarantee guarantees.

If a tourist product is sold by a travel agent, he is obliged to indicate in the contract with the tourist additional information about his details, about the tour operator as a provider of services and about the possibility of the tourist, in the event of non-fulfillment or improper fulfillment of obligations by the tour operator, to submit a written request for payment of insurance compensation under the tour operator's liability insurance contract or on the payment of a sum of money under a bank guarantee directly to the organization that provided the tour operator with financial security.

Other terms of the contract for the sale of a tourism product, including the period for the provision of services included in the tourism product (date and time of the start and end of the trip, its duration, etc.), are determined by agreement of the parties. The consumer is obliged to pay the total price of the tourism product in the manner and within the time limits established in the contract for the sale of the tourism product. Payment is made through cash and non-cash payments in accordance with the legislation of the Russian Federation.

Travel conditions and the total price of the tourist product are indicated in the tourist voucher, which in this case acquires the status of written acceptance (consent to the proposal to enter into an agreement) of the public offer of the tour operator or travel agent and is an integral part of the contract for the sale of the tourist product.

Tourist package- a document containing the conditions of travel, the fact of payment and is a strict reporting form. Its form was approved by Order of the Ministry of Finance of the Russian Federation dated July 9, 2007 No. 60-n.

The tourist voucher form contains two sheets (the first sheet is self-copying). The first sheet is issued to the customer of the tourism product, the second sheet remains with the tour operator or travel agent who carries out its registration.

Measures to ensure protection against counterfeiting are applied to tourist vouchers. The production of vouchers is carried out in printing houses that have a special permit (license) for the production of strict reporting forms.

In accordance with the Regulations on the implementation of cash payments and (or) settlements using payment cards without the use of cash register equipment (Resolution of the Government of the Russian Federation of March 31, 2005 No. 17), the tourist voucher form allows tour operators and travel agents to make settlements with consumers according to agreement on the sale of a tourist product without the use of cash register equipment. Payments for other services must be made through a cash register.

In addition to the voucher, in the practice of tourism activities it is also used tourist voucher- a document establishing the tourist’s right to services included in the tour and confirming the fact of their transfer. On its basis, the settlement of mutual settlements between the tour operator or travel agent sending the tourist and the receiving tour operator or persons providing specific services is also carried out. Therefore, vouchers are widely used in international tourism.

Vouchers are developed by each tourism enterprise individually, in accordance with the specific terms of the contract with a foreign partner in any language understandable to the client. Typically, vouchers include the following attributes: registration number; full details of the tour operator; full details of the counterparty; information about the tourist (last name, first name, passport details, address, telephone); country of travel, number and name of the route; main content, types and class of services (transport, accommodation, meals, excursions, etc.); dates and place of start and end of the tour; characteristics of transport (type, class of service, flight number, place of departure and similar data on return); signatures of the client, the responsible person of the tourism enterprise, stamps and seals confirming the validity of the document.

The voucher (in two copies) is issued to the tourist or the leader of the tourist group before the start of the trip. Group vouchers must be accompanied by lists of tourists, which indicate information about them (surnames, first names, passport details, etc.). Upon arrival at the destination, one copy of the voucher is given to the receiving party, and the second remains with the tourist or the leader of the tourist group.

If a tour operator organizes a tour by purchasing individual services from suppliers, and not through the receiving tour operator, then separate vouchers are issued for each such service.

It should be noted that the voucher as a legal document confirms the tourist status of a tourist or a group of tourists. In particular, when traveling abroad, the voucher indicates that its owner has the status of a foreign tourist and therefore can and should enjoy all the rights that are legally established for foreign tourists in the country of visit or transit. Thus, in many countries, simplified border and customs control procedures are in place for foreign tourists, exemptions from certain duties and fees are being introduced, and most-favoured-nation treatment is being provided.

The unification and maximum convenience of document flow technology is ensured by the international tourist voucher - a unique system that combines the voucher with an official payment document as an integral part of it.

It is approved by the World Federation of Travel Agency Associations (FUAAV), representatives of travel agencies and approved by the International Hotel Association, leading international hotel chains and government agencies in many countries. Any tourism enterprise that is a member of the National Association of Travel Agencies and (or) a member of FUAAV.

An international travel voucher is used for hotel reservations, train tickets, car rentals and other services that require advance payment. It contains a legally authorized payment document, which, after providing the types of services specified in it, can be deposited into the bank account of the enterprise providing the services.

In accordance with the requirements of the Law of the Russian Federation “On the Protection of Consumer Rights” and the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation,” the tourist must be provided with complete and reliable information about the upcoming trip. Therefore, the set of mandatory documents issued to the consumer includes an information sheet for the tourist voucher and, if necessary, other documents (tour program, brochures, catalogs, etc.).

When traveling to countries unfavorable with regard to particularly dangerous diseases (plague, cholera, yellow fever, HIV infection, malaria, etc.), each tourist is individually issued a Reminder for citizens traveling to countries unfavorable for particularly dangerous infections, certified by a tour operator or travel agent .

If the legislation of the country (place) of temporary stay establishes requirements for providing guarantees of payment for medical care to persons temporarily staying on its territory, the tour operator (travel agent) is obliged to provide such guarantees. The main form of their provision is travel insurance in case of sudden illness and accidents. In this regard, tourism enterprises cooperate with insurance companies by concluding insurance contracts, on the basis of which tourists are issued an insurance policy or service book. At the request of a tourist, a tour operator (travel agent) can provide assistance in providing insurance services for other risks (for example, civil liability of vehicle owners) associated with the trip.

The tourism enterprise is obliged, no later than 24 hours before the start of the trip, to hand over to the consumer the original contract for the sale of the tourist product, a tourist voucher, documents certifying the tourist’s right to services included in the tourist product (voucher, ticket, etc.), as well as other documents necessary for making a trip. Submission of these documents at a later date is possible only with the consent of the consumer. It can be expressed by a corresponding clause in the contract or a separate receipt from the client.

Tourism - temporary departures (travels) of citizens of the Russian Federation, foreign citizens and stateless persons (hereinafter referred to as persons) from their permanent place of residence for medical, recreational, educational, physical education, sports, professional, business, religious and other purposes without engaging in activities related to receiving income from sources in the country (place) of temporary stay.

To travel, for example, to another country, you need to collect and complete all the necessary documents, as well as purchase a ticket for the vehicle. This will take a lot of time. However, upon arriving in an unknown state, a citizen may immediately encounter problems such as the need to look for a place to stay, transportation to get from the airport, which is quite difficult to do if the tourist does not know the local language, etc. As a result, a citizen is willing to pay money to make his life easier and save time. Therefore, the tourism business is widespread and very popular.

In accordance with the legislation of the Russian Federation, a consumer, when seeking services from organizations that sell tourist packages, enters into a written agreement for the sale of a tourist product.

A tourist product is a set of transportation and accommodation services provided for a total price (regardless of the inclusion of the cost of excursion services and other services in the total price).

Sales of a tourism product - the activities of a tour operator or travel agent in concluding an agreement on the sale of a tourism product with a tourist or other customer of a tourism product, as well as the activities of the tour operator and (or) third parties in providing services to tourists in accordance with this agreement.

Currently, there are two types of organizations in the tourism market engaged in the formation and sale of tours, as well as the preparation and conduct of excursions, and the provision of other tourism services: a tour operator and a travel agent. These organizations operate on the basis of an appropriate license. In this case, the tour operator acquires the right to provide tourism services on the basis of agreements with the persons providing these services (airline, hotel in the relevant country, etc.) or with other tour operators engaged in receiving tourists and providing services on site. In turn, travel agents, as a rule, sell operator tours. These are intermediary organizations that work in the tourism market directly with consumer clients and receive a commission. The quality of the agent’s work largely determines which tour and operator the buyer will choose. An agent’s mistakes at the time of selling a tour (for example, false information, incorrect paperwork, delayed payment, etc.) can completely ruin a tourist’s vacation, so the agent’s work is very responsible.

An agreement for the sale of a tourism product must comply with the legislation of the Russian Federation, including legislation on the protection of consumer rights.

The essential terms of this agreement are the following:

Full and abbreviated name, address (location), postal address and registration number of the tour operator (travel agent);

Information about the tourist;

The total price of the tourist product in rubles;

Information about the consumer properties of a tourist product - about the program of stay, route and travel conditions, including information about accommodation facilities, living conditions (categories of hotels) and food, services for transporting tourists in the country (place) of temporary stay, the availability of a tour guide (guide) ), guide-translator, instructor-guide, as well as additional services;

Rights, obligations and responsibilities of the parties;

Conditions for changing and terminating the contract;

Information on the procedure and timing for the tourist and (or) other customer to file claims against the tour operator in the event of a violation by the tour operator of the terms of the contract;

Information on the procedure, timing and grounds for a tourist and (or) other customer to submit claims for payment of insurance compensation under a tour operator’s liability insurance contract or claims for payment of a sum of money under a bank guarantee;

The amount of financial security, which is a guarantee for each tourist who has entered into an agreement with a tour operator (travel agent):

Refund of funds paid under an agreement on the sale of a tourism product for services paid for but not provided by the tour operator or third parties (for example, air carriers);

Payment of funds due to the tourist in compensation for actual damage resulting from the failure or improper fulfillment by the tour operator (travel agent) of obligations under the contract for the sale of a tourism product, including funds necessary to compensate for expenses incurred by the tourist in connection with an unexpected departure (evacuation) ) from the country (place) of temporary stay (for example, evacuation costs).

Financial support for the tour operator (travel agent) is provided by insurance companies, as well as banking organizations, by concluding either a liability insurance agreement for the tour operator (travel agent) against non-fulfillment (improper fulfillment) of the terms of the contract or by concluding a bank guarantee agreement, the main condition of which is the bank’s obligation to pay the tourist funds due to him instead of the tour operator (travel agent) upon a written application from the tourist. The basis for payment of insurance compensation under a tour operator (travel agent) liability insurance contract or payment of a sum of money under a bank guarantee is the fact of establishing the tour operator’s obligation to compensate the tourist and (or) other customer for real damage arising as a result of non-fulfillment or improper fulfillment by the tour operator of obligations under the contract for the sale of tourism product if this constitutes a material breach of the terms of such contract (for example, the travel agent violated its obligation under the contract and did not pay for your hotel stay in full, as a result of which the consumer was forced to pay for these services on the spot at his own expense).

Other terms of this agreement are determined by agreement of the parties.

In accordance with Article 17 of the Federal Law of November 24, 1996 No. 132-FZ “On the Basics of Tourism Activities in the Russian Federation”, if the legislation of the country (place) of temporary stay establishes requirements for providing guarantees of payment for medical care to persons temporarily staying on its territory, the tour operator (travel agent) is obliged to provide such guarantees.

Following these requirements, a travel agency, when concluding an agreement for the sale of a tourism product, is obliged to sign an insurance agreement with the tourist in case of sudden illness and accidents, as a result of which the tourist is issued an insurance policy.

The insurance policy must provide for payment of medical care to tourists and reimbursement of their expenses in the event of an insured event directly in the country (place) of temporary stay.

The insurance policy is issued in Russian and the state language of the country of temporary stay. At the request of the tourist, the tour operator (travel agent) provides assistance in providing insurance services for other risks associated with the trip.

When applying for a policy, you must carefully study its terms and conditions. Expenses for treatment of chronic, sexually transmitted, oncological and mental diseases are not reimbursed. The insurer will also not pay compensation if treatment was required before the trip. Many insurance companies also do not cover illnesses associated with sunburn, pregnancy or childbirth. In addition, insurers refuse insurance compensation to persons who, through their own fault, caused a health disorder (including alcohol consumption).

During a trip, if an insured event occurs, you cannot consult a doctor on your own. You must first contact the insurer by phone specified in the insurance policy and then act in accordance with its instructions.

When purchasing a tourist package, preparing for a trip, during its completion, including transit in accordance with Article 6 of the Federal Law of November 24, 1996 No. 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation,” the consumer (tourist) has the right:

Receive necessary and reliable information about the rules of entry into the country (place) of temporary stay and stay there, about the customs of the local population, about religious rituals, shrines, monuments of nature, history, culture and other tourist attractions that are under special protection, the state of the environment ;

Freedom of movement, free access to tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay;

To ensure personal safety, their consumer rights and the safety of their property, unhindered receipt of emergency medical care;

For damages and compensation for moral damages in the event of failure to comply with the terms of the agreement on the sale of a tourist product by a tour operator or travel agent in the manner established by the legislation of the Russian Federation;

To assist the authorities (local authorities) of the country (place) of temporary stay in obtaining legal and other types of emergency assistance;

Unimpeded access to communications (telephone, Internet).

The buyer must be notified of goods and items prohibited for import and export, and the specifics of declaring currency. A citizen who was not warned by the tour operator (travel agent) and was arrested at the airport for trying to take out an exotic plant or rare piece of jewelry as a souvenir may demand that the tour operator (travel agent) compensate him for unexpected expenses.

Of course, the travel company must inform the tourist about the climate and environmental conditions of the country of temporary stay.

The tour operator (travel agent) is also obliged to:

Provide the tourist with the addresses and telephone numbers of Russian diplomatic and consular missions, international organizations (for example, the International Red Cross) that are able to provide assistance to Russians, as well as special authorities of the host country (mayor’s office, police, ambulance, etc.);

Inform tourists of the addresses and methods of contacting the company and its representatives abroad;

Tell tourists about areas of the host country that are unfavorable in criminal, sanitary and epidemiological terms, as well as areas closed to foreigners.

In accordance with the National Standard of the Russian Federation GOST R 53997-2010 “Tourist services. Information for consumers. General requirements" (approved by order of the Federal Agency for Technical Regulation and Metrology dated November 30, 2010 No. 578-st) all the information and reference information necessary for the consumer is provided when concluding an agreement on the sale of a tourism product and must be contained in a leaflet that is issued to the tourist.

Before making a trip (travel), each of the parties to an agreement on the sale of a tourism product has the right to demand its modification or termination due to significant changes in the circumstances from which the parties proceeded when concluding this agreement.

Significant changes in circumstances include:

Deterioration of travel conditions specified in the agreement on the sale of a tourist product and a tourist voucher;

Change of travel dates;

Unforeseen increase in transport tariffs;

The consumer’s inability to travel due to circumstances beyond his control (consumer illness, refusal to issue a visa, and other circumstances).

Article 32 of the Law on the Protection of Consumer Rights establishes the consumer’s right to refuse to fulfill a contract for the performance of work (rendering services) at any time, subject to payment to the contractor for the actual expenses incurred by him in connection with the fulfillment of obligations under this contract.

Within the meaning of Article 782 of the Civil Code of the Russian Federation, the expenses incurred by the contractor must be due to his actions to fulfill the assumed obligations under the contract for the provision of paid services, while the service provider is obliged to prove the presence and amount of actual expenses with the relevant primary documents. That is, the actual costs that the tourist must reimburse are the costs of the tour operator in creating a specific tour for a specific tourist. The amount of such expenses at the time of cancellation of the tour must be documented.

The service provider is obliged to fully return the funds received from the client if he cannot prove and confirm the expenses incurred for the execution of the contract.

Claims regarding the quality of the tourism product are presented to the tour operator (travel agent) in writing within 20 days from the date of expiration of the contract for the sale of the tourism product and are subject to consideration within 10 days from the date of receipt of the claims.

The tour operator (travel agent), in accordance with the Law of the Russian Federation “On the Protection of Consumer Rights”, is responsible for:

For inappropriate information about the tourism product and the provider, including for causing harm to the life, health and property of the consumer due to failure to provide him with complete and reliable information;

For the sale of a tourism product that contains shortcomings, including violation of the requirements for the quality and safety of the tourism product;

For violation of the terms of provision of services and other terms of the contract for the sale of a tourism product;

For the inclusion in the contract for the sale of a tourist product of conditions that infringe on the rights of the consumer in comparison with the conditions established by federal laws, the Rules for the provision of services for the sale of a tourist product (approved by Decree of the Government of the Russian Federation of July 18, 2007 No. 452) and other regulatory legal acts of the Russian Federation (for example, a condition limiting the right of a tourist to refuse a tourist package before travelling);

For causing harm to the life and health of the consumer, as well as his property due to the shortcomings of the tourism product.

The specifics of the formation, promotion and sale of a tourism product are set out in Article 10 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation”. If written information about the proposed tourist product, tour contains all the essential terms of the contract provided for by the Civil Code of the Russian Federation and the Law of the Russian Federation “On the Fundamentals of Tourism Activities in the Russian Federation”, and is framed as an offer to anyone who responds to it to conclude an agreement with the tour operator or travel agent on the conditions specified in the proposals, then such a proposal is recognized as a public offer.

The rules for the sale of tourist vouchers, available in travel agency catalogs, on posters and booklets, are recognized as a public offer if they meet the above standards. The sales rules must contain the conditions for booking and confirmation of the tour, its cost and payment procedure, requirements for passports and visas, conditions for changing and canceling a confirmed tour, obligations and responsibilities of the parties, actions in case of claims, insurance conditions. In fact, these sales are general conditions that are the same for all consumers of tourism services, buyers. The rules for publishing a public offer are also determined by the Civil Code of the Russian Federation. In accordance with them, the offer can be printed in the travel agency’s catalog or placed in a visible place in the travel agency’s office (along with the license and certificate of conformity), and a copy of it can be issued upon the client’s request.

The private conditions of travel for a specifically purchased tour are set out in the tourist voucher, which in this case acquires the status of written acceptance of the seller’s public offer (legal consent to the offer to enter into a contract). In addition to the voucher, a tourist voucher is also in circulation in the practice of tourism as a document establishing the tourist’s right to services included in the tour, as well as confirming the fact (completeness) of their provision. Vouchers are developed individually by each company, in accordance with the specific terms of the contract in any language understandable to the client. When developing a voucher, travel agencies are guided by considerations of maximum convenience of document flow technology for themselves and their partners. Vouchers, as a rule, are used by foreign tourists, although under certain conditions a voucher can act as a document additionally used in domestic tourism and guaranteeing the tourist the provision of services specified in the contract.

The contract between the tour seller and the client (tour buyer) - the contract for tourist services - is the main document establishing the mutual obligations of the parties. It includes the following essential provisions:

• - number, date and place of conclusion of the contract, name of the seller indicating its organizational and legal form and license number for the right to carry out international tourism activities;
• - last name, first name, patronymic of the tourist, his address, Russian passport details, other details;
• - subject of the contract (provision of tourist services);
• - conditions for the provision of tourist services;
• - rights, obligations and responsibilities of the parties;
• - cost (procedure for calculating the cost) of the contract, procedure and form of payments;
• - the procedure for the entry into force of the agreement and the duration of its validity;
• - conditions for obtaining visas (for international tourism);
• - the procedure for using a voucher (set of vouchers) for international tourism;
• - insurance conditions;
• - conditions and procedure for applying compensatory sanctions, their cancellation, as well as consideration and satisfaction of complaints;
• - force majeure circumstances;
• - special conditions;
• - legal and bank details of the seller, signatures of the parties;
• - seller's stamp.

If the seller provides (sells) a tourist service on the terms of a public offer, the details that constitute the general conditions for the provision of a tourist service (tour, tourist trip) by this seller and the essential terms of the contract are subject to publication.

The seller must sign with each tourist (in two copies - one for each party) a contract for tourist services containing all the above details. A tourist voucher is a document that establishes specific (private) conditions for the provision and consumer properties of a tourist service. If the seller provides services under the terms of a public offer, then the tourist voucher is a written acceptance of the offer.

Buyers of tourism services can be both individuals and legal entities. The tourist package includes the following information:

• - number, date and place of issue of the voucher;
• - the name of the seller indicating its organizational and legal form and the license number for the right to carry out international tourism activities;
• - name of the buyer (for legal entities);
• - last names, first names, patronymics of tourists who will make the trip;
• - compliance of the tourist trip (tour) with the OKUN code;
• - number of the certificate confirming compliance with the security requirements of the service provided;
• - duration of the trip (number of days/nights);
• - dates of visit and names of geographical points that make up the main route of the trip, and characteristics of vehicles when traveling along the route;
• - name of the airport (train station, station) of each geographical point on the route, indicating the date and time of arrival/departure;
• - names of accommodation facilities (hotels, motels, campsites, cruise ships, etc.) along the route, indicating the date and duration of the tourist’s stay;
• - characteristics of accommodation facilities and living conditions (using national classification systems for accommodation facilities);
• - characteristics of the type of food during the trip;
• - designation of excursion and other cultural and entertainment programs, the cost of which was paid by the tourist before the start of the trip;
• - list and description of additional services paid: by the tourist before the start of the trip;
• - a link to the contract or offer under which the tourist service is provided;
• - signature and stamp (seal) of the seller or authorized person;
• - buyer's signature.

In the practice of international tourism, a document confirming in places (countries) of stay on the travel route the right of a tourist (tourists) to receive services included in the tour is a voucher (set of vouchers).

In the additional information regarding the service purchased by the tourist, the seller indicates information in the information sheet, without knowledge of which the tourist trip will be difficult or accompanied by an unacceptably high level of risk to the life, health and property of the tourist, or even impossible:

• - information about the rules of the carrier company, compliance with which is mandatory for tourists;
• - information about the rules of stay of foreign citizens temporarily staying in the country (countries) they are visiting, including information about the procedure for completing tourist formalities;
• - information about the sanitary and epidemiological situation during the trip;
• - information about additional risk factors arising in connection with the specifics of the service purchased by the tourist, the requirements for his special training for a successful trip;
• - information about the cultural and ethnographic features and traditions of the population in the places visited during the trip; data for emergency communication with government agencies, consular offices, etc. At the discretion of the seller, taking into account the specifics of the tourist service, additional information may be provided.

In 1993, the EU Directive of 13 June 1990 on consumer protection in the tourism sector came into force in the European Union. The Directive proposes a standard contract, which is signed by the client (tourist, tour buyer) and the travel agency. The contract consists of general and special conditions, as well as a catalog of the selling company or a published tour program.

The organizer and seller of the tour package are exempt from liability for changing the contract if the failure to fulfill obligations occurred due to the fault (initiative) of the client himself, a third party not involved in the provision of services specified in the contract, or due to force majeure. The client, in addition, has the right to submit a complaint to the organizer or seller of the tour in writing (by registered mail) within 10 working days from the date of his return to the point of departure.

A number of countries around the world have adopted legislative acts (or other regulatory documents) to protect the consumer of tourism services from improper fulfillment by the tour operator of the agreed travel conditions. The most famous documents include the Frankfurt Tables, which set standards for reducing travel prices. It considers the reduction (decrease) in the cost of accommodation, food, transport, etc. services, depending on non-compliance with the terms of the contract by the seller,

In Russia, compensation for losses upon termination of a contract is carried out in accordance with the actual costs of the parties (Article 10 of the Law of the Russian Federation “On the Fundamentals of Tourism Activities in the Russian Federation”). In this case, the amount paid as compensation for losses cannot exceed two times the cost of the tourism product. Claims regarding the quality of a tourism product are made to the travel agency within 20 days from the end of the contract and must be satisfied within 10 days after receipt of the claim.

Reputable companies pay great attention to the quality of their catalogs, which list and describe the travel destinations and countries they offer, hotels and services of these hotels, base prices and discounts, as well as general conditions for the sale of the tour. To protect consumer rights, Russian legislation also requires the placement in the catalog and advertising of information about the company’s license for international tourism activities and a certificate of compliance with the safety of the services provided.

According to paragraph 1 of Art. 16 of the Law of the Russian Federation “On the Protection of Consumer Rights”, the terms of the contract that infringe on the rights of the consumer in comparison with the rules established by laws or other legal acts of the Russian Federation in the field of protection of consumer rights are invalid.

In accordance with the Civil Code of the Russian Federation, an offer is a proposal addressed to one or several specific persons, which quite clearly expresses the intention of the person who made the offer to consider himself to have entered into an agreement - a transaction with the addressee who will accept the offer. Acceptance is the response of the person to whom the offer is addressed about its acceptance.

In order for the travel agency's offer to organize a trip to anyone who responds, i.e. to a potential tourist, was recognized as a public offer, it must contain all the essential terms of the contract set out in Art. 10 of the Federal Law "On the Fundamentals of Tourism Activities in the Russian Federation".

Tourists independently enter into an agreement with an insurance company and pay for insurance for the period of their trip abroad. If a tourist has such insurance, he is obliged to present the insurance policy to the travel agency when making an application for booking a tour and have it with him during the trip. Many travel agencies are agents of insurance companies and sell their services at the same time as selling tours.

Insurance is a separate type of service that may not be included in the tour package. The tourist resolves all relations regarding it and communications with it directly with the insurance company, if the travel agency does not undertake this.

But there is no indication in the legislation that would suggest the need to develop templates for agency agreements. Such situations raise the most questions. And that is precisely why it is necessary not only to introduce rules for the sale of tourism products, but also to improve them.

Some conclusions:

• An agreement for the sale of a tourism product must contain both basic and additional information that relates to this issue.
• The use of documents is not one of the mandatory rules.
• But each party has the opportunity to use standard forms.

Sales of tourism products: features

This service is provided only under a written agreement. But it is also permissible to use electronic forms; the law in this regard is not violated. The rules for protecting consumer rights are standard. Approval of forms that serve as standard forms is the responsibility of authorities representing the executive branch.

Here are just some of the conditions that are important for the contract for the sale of tourism products:

1. Company name, in full form and abbreviation, along with address, postal address and number according to.
2. What is the financial support for the operator's liability? You need to write down the time during which the document remains valid. It is mandatory to have data relating to bank guarantees and other similar relationships with financial institutions.
3. Information about tourists or representatives with their powers.
4. Level of total cost in rubles.
5. Product and description of properties important to consumers. Even additional services are mentioned, not to mention accommodation and accommodation, directions, transportation services in the host country, and so on.
6. Responsibility with rights and obligations is prescribed to each of the parties.
7. Rules for agreement, or for making changes.
8. The procedure used to make claims.
9. Information about how insurance claims are calculated and paid, and how to make claims in connection with such claims.
10. Information on how claims related to causing real damage to a tourist are presented and compensated.
11. Conditions for issuing documents in electronic form.
12. Information about the issuance of a document associated with the reservation.

There are other conditions, but the parties formalize them upon reaching a mutual agreement.

What other rules should you follow?

It is necessary to have information regarding the execution of an agreement in favor of the tourist. It states that the insurance company pays compensation if certain conditions arise in the country with a temporary stay.

Each party can make demands that the contract be changed in a certain way. You just need to provide evidence in favor of the fact that circumstances are changing, and therefore it is necessary to perform certain actions:

• The tourist was unable to make the trip due to circumstances beyond his control. For example, he himself fell ill, or was refused a suitable visa.
• Transport tariffs have increased in price.
• Shifts in terms.
• The conditions originally specified in the contract have worsened.

If they arise, they are formalized only in writing. The maximum period for presentation is 20 days, starting from the moment the agreement ceased to be valid. The company must consider any request within a maximum of ten days after its receipt.

A written warning to the customer or the tourists themselves is required:

1. That the first party can apply for urgent assistance.
2. About how to act if it is necessary to compensate for moral damage.
3. That you can voluntarily take out insurance in your favor.

About common mistakes in contracts

Proper execution of agreements has long ceased to be a requirement of lawyers. Now this is an elementary requirement that will save you from many mistakes in the future. Only correctly executed documents have an official value. They reduce risks and save money. The absence of even one important point leads to problems.

It is worth pointing out just a few of the most common errors:

What rights does a tourist have when concluding a contract?

Before sending a client on a trip, the service provider is obliged to familiarize the other party with certain data. They usually concern:

Customers must first be made aware of the hazards that exist. This is especially important for traveling to southern countries, where exotic diseases are widespread.

About health insurance policies

Designed to further protect health. This requirement is also included in the legislation of many countries of temporary residence. The tour operator must ensure that it pays for medical services for those who are temporarily in other countries. The main form by which such guarantees are provided is a medical insurance contract for a tourist leaving his country.

The general rule says that insurance is taken out on a voluntary basis, but in many cases this requirement becomes mandatory. Most often, insurance is taken out to protect against accidents and illnesses.

Issuing policies involves using Russian and the language of the country where the tourist will be staying for some time.

The most popular is trip cancellation insurance.

On the transfer of documents to confirm the right to services

There are the following documents that a tourist needs to receive maximum one day before the start of the trip:

• Confirmation of the right to receive services that are included in the tariffs created by the contractor.
• Original sales contract.
• Other papers, without which the trip itself will not be possible.

You can submit the papers later, but only if the consumer himself gives his consent. In addition, the required papers include:

1. Voucher.
2. Ticket to confirm the right to carry.
3. Documents to confirm the right to travel.
4. Original contract for the sale of a tourism product.

When using an electronic format to draw up a contract, the client is given a document that contains information about all the parameters that matter.

Ensuring the fulfillment of travel agent obligations

Financial support is necessary to fully protect the rights of tourists. Especially in the case when operators refuse to fulfill their obligations. Enforcement methods are described in the Law on Tourism Activities, although they cannot be called specific to this particular field of activity.

The presence of financial activity is a mandatory condition, without which tour operators do not have the right to provide services at all.

You can use the following two types of agreement to confirm the existence of collateral:

1. Insurance contract.

But in practice, the bank guarantee has long disappeared from use. It was replaced by the so-called independent guarantee. The document is issued both by the banks themselves and by other organizations with commercial activities. The law still uses the old term, but it is recommended to understand it as an independent guarantee.

In some situations, financial security comes through insurance contracts. This means that the insurance fund is used when an appropriate event occurs. The basis for the use of funds will be a different fact when an independent guarantee is implied. Usually the operator’s refusal to compensate for damage plays a role, but compensation is paid when it is possible to substantiate the connection between the consequences that occurred and the improper performance of duties by the other party.

Thanks to financial support, each client receives several types of guarantees:

1. Funds intended for moral damage.
2. Refund of funds already paid for the sale of the product based on the contract.

But the presence of financial security is not necessary for all enterprises engaged in tourism services. Only two types of institutions are exempt from this obligation:

• State and unitary enterprises, and other institutions that provide their services within the limits of prices established by the Government of the Russian Federation.
• Those who provide excursion services within the country, no more than 24 hours in a row.

Each tourist must have access to information related to financial security.

On other rights and obligations of the parties to the agreement

The quality of the service received by the consumer must fully comply with the information from the contract. No action should harm the health and life of clients. What applies to the proper fulfillment of all conditions:

1. Presentation of the scope and range of services as described in the contract.
2. Provision of services only by those persons and means described in the original document.
3. Work only within the time limits specified in the document and maintain the original place of stay.
4. Relations only with persons specified in the contract.

In the absence of the circumstances specified earlier, the contract is not considered fulfilled. If only one of them is violated, then it is recognized that the service was provided, but the quality remained unsatisfactory.

If the terms of the agreement are violated, the tourist has the right to receive compensation for this. At his choice, he may present one of the following requirements:

1. associated with morale.
2. Unilateral refusal to fulfill contractual agreements. You just need to prove that there are shortcomings, and they are significant.
3. Reimbursement of expenses associated with the elimination of deficiencies. It doesn’t matter whether it was carried out on our own or with the involvement of third parties.
4. Reducing the cost of the service that was provided.
5. Elimination of consequences caused by services free of charge.

Additional Dispute Resolution Rules

The law does not define serious requirements for a claim to be in writing. Therefore, it is permissible to use arbitrary forms. The decision of the judicial authority and the tourism organization itself depends on how justified the claim is.

The main thing is that the demands are reasoned and specifically indicate certain rights and conditions violated by tour operators. It is better if these are specific articles of legislation or clauses in the contract. The evidence base must be present in any case. It is referred to when contacting the tour operator itself, whose quality of services was not satisfactory.

The type of evidence itself depends on what requires discussion. For example, if the category of the provided hotel is lower than originally specified in the contract.

The claim is sent directly to the travel agency with which the original agreement was concluded. At the same time, the legislation says that an attempt must be made to resolve the dispute pre-trial, this is mandatory. If this procedure is not followed, then the court may leave the client’s application without consideration. And so on until evidence of compliance with the procedure established by law is presented.

If the case is considered and the decision is positive, then the court can collect not only what the buyer himself demands, but also an additional fine to the state treasury. The imposition of fines is associated with the refusal to voluntarily fulfill the requirements presented by clients.

If significant changes in circumstances can be proven, then each party has the right to put forward its claims. But it is not always recognized that circumstances are significant. Only if it can be proven that the will of one of the parties is not enough for change.

The process does not require tourists to have special skills and knowledge. The client is responsible for his actions only if the tour operator has previously informed him of possible problems. The contractor is interested in the client signing the relevant documents. Otherwise, no papers can be used to prove their positions at court hearings. The contract separately states the form in which the tourist is informed.

Optimal solutions for protecting rights

The more documents confirming the real damage to the tourist, the better. It is also necessary to prove that the tour operator refused to satisfy the requirements voluntarily, despite the presence of compelling reasons.

The tourist can make demands throughout the entire period while the document serving as justification for financial security is valid. A claim for financial compensation must be satisfied no later than thirty days after it is first submitted.

The greater the range of insurance services used, the better for both parties. For example, civil insurance is not enough to protect property rights in the event of restrictions on travel to the territory of a particular country. This is especially important when the culprit of the violation is not the travel company itself.

Any claim is made in two copies. One remains with the originator, the second is sent to the addressee. The tour operator must put a mark on what the sender has, confirming that the documents have been accepted. Copies of the remaining documents are attached to another copy.

If the company refuses to accept the document, it is sent by registered mail, return receipt requested. It is recommended that you keep the email notifications along with your receipt.

Particular attention should be paid to the issue of informing citizens about the limits of liability established not only in general, but also in specialized legislation. It says that the citizen is responsible for the proper execution of the passport, which proves his identity. And the operator is responsible for obtaining a tourist visa for traveling around a particular country. The right to travel itself depends on how reliable the personal information is provided.

They go to court if a travel company refuses to respond to a claim. To do this, proceed to compiling two copies. All documents for which copies are made are attached to them. The drafting party itself chooses whether the case is considered at the place of residence of the defendant or the plaintiff. And how the applications themselves are sent, during a personal visit or using the services of the postal service.

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In accordance with part five of Article 4 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” and Article 38 of the Law of the Russian Federation “On Protection of Consumer Rights”, the Government of the Russian Federation decides:

Approve the attached Rules for the provision of services for the sale of tourism products.

Chairman of the Government
Russian Federation
M. Fradkov

Rules for the provision of services for the sale of tourism products

I. General provisions

1. These Rules determine the procedure for providing services for the sale of a tourism product.

2. The consumer is understood as a customer of a tourism product who intends to order or orders and uses a tourism product exclusively for personal, family and other needs not related to business activities.

The contractor is understood to be a tour operator who enters into an agreement with the consumer on the sale of a tourist product or on whose behalf this agreement is concluded, as well as a travel agent acting on the basis of an agreement with the tour operator that formed the tourist product and who concludes an agreement with the consumer on the sale of the tourist product on its own behalf, but in on behalf of and at the expense of the tour operator in accordance with the Federal Law “On the Fundamentals of Tourism Activities of the Russian Federation” and the Civil Code of the Russian Federation.

3. The concepts of “tourist”, “tour operator”, “travel agent”, “tourist product”, “customer of a tourist product”, “sale of a tourist product”, “tourist voucher” are used in the meaning established by the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation”. Federation".

II. Requirements for organizing the activities of the performer

4. The performer’s working hours are set by him independently. The contractor’s operating hours are brought to the attention of consumers and must comply with the established ones.

In the event of a temporary suspension of activities, the Contractor is obliged to provide the consumer with information about the timing of the temporary suspension of activities.

5. The contractor - a legal entity is obliged to bring to the attention of the consumer the company name (name) of his organization, location (postal address) and operating hours. The contractor places the specified information on the sign.

The contractor - an individual entrepreneur must provide the consumer with information about his state registration and the name of the body that registered him.

6. The contractor is obliged to have a book of reviews and suggestions, which is provided to the consumer upon request.

III. Information about the services provided for the sale of tourism products

7. The contractor is obliged to promptly provide the consumer with the necessary and reliable information about the tourism product, ensuring the possibility of its correct choice.

Information about a tourism product must necessarily contain information:

on the consumer properties (quality) of a tourist product - stay program, route and travel conditions, including information on accommodation facilities, living conditions (location of the accommodation facility, its category) and food, services for transporting the consumer in the country (place) of temporary stay, about the availability of a tour guide (guide), guide-translator and instructor-guide, as well as additional services;

on the total price of the tourism product in rubles, on the rules and conditions for the effective and safe use of the tourism product;

about a specific third party who will provide individual services included in the tourism product, if this is relevant based on the nature of the tourism product;

on the rules of entry into the country (place) of temporary stay and exit from the country (place) of temporary stay, including information about the need for a visa to enter the country and (or) leave the country of temporary stay;

on the basic documents required for entry into the country (place) of temporary stay and exit from the country (place) of temporary stay;

about the customs of the local population, religious rituals, shrines, monuments of nature, history, culture and other tourist attractions that are under special protection, the state of the natural environment (to the extent necessary for the trip);

on the procedure for access to tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay (to the extent necessary for travel);

about the dangers that the consumer may encounter when traveling, about the need to undergo preventive measures in accordance with international medical requirements if the consumer plans to travel to a country (place) of temporary stay in which he may be exposed to an increased risk of infectious diseases;

about possible risks and their consequences for the life and health of the consumer in the event that the consumer intends to make a trip associated with the passage of routes that pose an increased danger to his life and health (mountainous and difficult terrain, speleological and water bodies, extreme types of tourism and sports and others);

on customs, border, medical, sanitary-epidemiological and other rules (to the extent necessary for travel);

about the location, postal addresses and contact telephone numbers of government bodies of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located in the country (place) of temporary stay, to which the consumer can contact in the event of emergency situations arising in the country (place) of temporary stay or other circumstances that threaten the safety of his life and health, as well as in cases of danger of causing harm to the consumer’s property;

about the address (place of stay) and contact telephone number in the country (place) of temporary stay of the head of a group of minor citizens if the tourism product includes an organized departure of a group of minor citizens unaccompanied by parents, adoptive parents, guardians or trustees;

about the national and religious characteristics of the country (place) of temporary stay;

about other features of the trip.

Advertisement tour operator liability insurance) or a bank guarantee of fulfillment of obligations under an agreement on the sale of a tourism product (hereinafter referred to as the bank guarantee), provided for by the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” (hereinafter referred to as financial security).

9. If the performer is a travel agent, then he is obliged to inform the consumer, along with the information specified in paragraphs 5, 7 and 8 of these Rules, information:

on the powers of the travel agent to perform legal and actual actions to sell the tourism product;

that the person providing services to the consumer under an agreement on the sale of a tourism product is a tour operator, as well as the possibility of the consumer, in the event of the circumstances specified in Article 174 of the Federal Law "On the Fundamentals of Tourism Activities in the Russian Federation", to submit a written request for payment of insurance compensation under a tour operator's liability insurance agreement or payment of a sum of money under a bank guarantee directly to the organization that provided the tour operator with a tour operator's liability insurance agreement or a bank guarantee (if, in accordance with the agreement concluded between the tour operator and the travel agent, the travel agent is entrusted on its own behalf to sell a tourist product , formed by the tour operator);

on the conditions of validity of paragraph 14 of these Rules.

At the consumer's request, the travel agent provides the consumer with information about the essential terms of the agreement concluded between the tour operator and the travel agent selling the tourism product generated by the tour operator.

10. When concluding an agreement on the sale of a tourist product, the contractor brings to the attention of the consumer these Rules, as well as information in Russian about the contractor, the services provided for the sale of the tourism product, specified in paragraphs 5, 7-9 of these Rules, and at the discretion of the contractor on state languages ​​of the constituent entities of the Russian Federation and the native languages ​​of the peoples of the Russian Federation.

This information is brought to the attention of the consumer in a visual and accessible form by placing it in catalogues, reference books, descriptions of the tourism product, as well as in other ways that do not contradict the legislation of the Russian Federation.

Information must also be brought to the attention of the consumer in the event that the sale of a tourism product is carried out outside the permanent location of the performer and its structural divisions, in temporary premises, at specialized exhibitions and fairs.

IV. The procedure for concluding, executing, amending and terminating an agreement on the sale of a tourism product

11. In accordance with Article 42 9 of the Civil Code of the Russian Federation, before concluding an agreement on the sale of a tourism product, the contractor and the consumer have the right to conclude in writing a preliminary agreement on the sale of a tourism product. This preliminary agreement specifies the conditions allowing to establish the subject matter, other essential terms of the contract for the sale of a tourism product, as well as the period within which the parties undertake to conclude it.

12. An agreement on the sale of a tourism product between the contractor and the consumer is considered concluded if an agreement is reached between the parties in writing on all the essential terms of this agreement.

13. The essential terms of the contract for the sale of a tourism product concluded between the tour operator and the consumer include:

full and abbreviated name, address (location), postal address and registration number of the tour operator;

the amount of financial security, number, date and validity period of the tour operator liability insurance agreement or bank guarantee, name, address (location) and postal address of the organization that provided the financial security;

information about the tourist, as well as about another customer of the tourism product and his powers (if the tourist is not the customer) to the extent necessary for the sale of the tourism product;

total price of the tourist product in rubles;

information on the consumer properties (quality) of a tourist product - stay program, route and travel conditions, including information on accommodation facilities, living conditions (location of the accommodation facility, its category) and food, services for transporting the consumer in the country (place) of temporary stay , the availability of a tour guide (guide), guide-translator and instructor-guide, as well as additional services;

rights, duties and responsibilities of the parties;

conditions for changing and terminating the contract for the sale of a tourism product;

information on the procedure and timing for the consumer to file claims against the contractor in the event of a violation by the contractor of the terms of the contract for the sale of a tourism product;

information on the procedure and deadlines for the consumer to submit claims for payment of insurance compensation under the tour operator's liability insurance contract or claims for payment of a sum of money under a bank guarantee, as well as information on the grounds for making such payments under the tour operator's liability insurance contract and bank guarantee.

Other terms of the contract for the sale of a tourism product, including the period for the provision of services included in the tourism product (date and time of the start and end of the trip, its duration), are determined by agreement of the parties.

It is not allowed to include in an agreement on the sale of a tourism product conditions that infringe on the rights of the consumer in comparison with the conditions established by federal laws, these Rules and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer rights protection.

14. The essential terms of the contract for the sale of a tourism product concluded between a travel agent and a consumer, along with the conditions provided for in paragraph 13 of these Rules, include:

full and abbreviated name, address (location) and postal address of the travel agent;

information that the person providing services to the consumer under an agreement on the sale of a tourism product is a tour operator;

information about the consumer’s ability, in the event of the circumstances specified in Article 174 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation,” to submit a written request for payment of insurance compensation under a tour operator’s liability insurance contract or for payment of a sum of money under a bank guarantee directly to the organization, providing the tour operator with financial support.

15. An offer of a tourist product addressed to an indefinite number of persons, contained in advertising, descriptions, reference books and implemented in other ways established by the legislation of the Russian Federation, is recognized as a public offer if it contains all the essential terms of the contract for the sale of a tourist product.

An advertisement containing a message about an incentive lottery, competition, game or other similar event, the condition for participation in which is the purchase of a specific tourism product, must indicate:

the timing of such an event;

source of information about the organizer of such an event, the rules of its holding, the number of prizes or winnings based on the results of such an event, the timing, place and procedure for receiving them.

16. The consumer is obliged to pay the total price of the tourism product in the manner and within the time limits established in the contract for the sale of the tourism product.

The Contractor has no right to provide additional services for a fee without the consent of the consumer. The consumer has the right to refuse to pay for such services, and if they are paid, the consumer has the right to demand that the contractor return the amount paid.

Payment for the tourist product is made through cash or non-cash payments in accordance with the legislation of the Russian Federation.

Travel conditions and the total price of the tourist product are indicated in the tourist voucher, which is an integral part of the contract for the sale of the tourist product.

17. The contractor is obliged to provide the consumer with a tourism product, the quality of which meets the mandatory requirements established by federal laws and other regulatory legal acts of the Russian Federation, as well as the agreement on the sale of the tourism product.

If federal laws or the procedure established by them provide for mandatory requirements for a certain type of tourism product and (or) services included in such a tourism product, the contractor is obliged to provide services that meet these requirements.

If, when concluding an agreement on the sale of a tourism product, the contractor was informed by the consumer about the specific purposes of the tourism product needed by the consumer, the contractor is obliged to provide the consumer with a tourism product suitable for use in accordance with these purposes.

The contractor is obliged to promptly inform the consumer that compliance with the consumer’s instructions and other circumstances depending on the consumer may reduce the quality of the tourism product or lead to the impossibility of providing services included in the tourism product within the time limits specified in the contract for the sale of the tourism product.

If the consumer, despite timely and reasonable information by the contractor, does not within a reasonable time change the instructions on the method of providing the service or does not eliminate other circumstances that may reduce the quality of the tourism product, the contractor has the right to refuse to fulfill the contract for the sale of the tourism product and demand compensation for losses.

18. The services included in the tourism product and the process of their provision must be safe for the life, health, property of the consumer and the environment, and also not cause damage to the material and spiritual values ​​of society and the security of the state.

In the event of circumstances indicating the emergence of a threat to the safety of their life and health in the country (place) of temporary stay of consumers, as well as the danger of causing harm to their property, the consumer and (or) contractor have the right to demand in court the termination of the contract for the sale of a tourist product or its changes.

The presence of these circumstances is confirmed by relevant decisions of federal government bodies, government bodies of constituent entities of the Russian Federation, local government bodies, adopted in accordance with federal laws.

If the contract for the sale of a tourist product is terminated before the start of the trip due to the occurrence of the above circumstances, the consumer is returned a sum of money equal to the total price of the tourist product, and after the start of the trip - a part of it in an amount proportional to the cost of the services not provided to the consumer.

The Contractor, in accordance with the provisions of the Federal Law "On Personal Data", takes the necessary measures to ensure the security of information about the consumer’s personal data received by the Contractor in the process of providing services, including during their processing and use.

If the legislation of the country (place) of temporary stay establishes requirements for the availability of guarantees of payment for medical care to persons temporarily staying on its territory, the contractor is obliged to ensure the provision of such guarantees in the form of a medical insurance policy. At the consumer’s request, the contractor provides assistance in providing insurance services for other risks (including when traveling related to consumers taking routes that pose an increased danger to their life and health).

19. The contractor is obliged, no later than 24 hours before the start of the trip, to hand over to the consumer the original contract for the sale of the tourist product, a tourist voucher, documents certifying the consumer’s right to services included in the tourist product (voucher, ticket, etc.), as well as other documents necessary for the consumer to make the trip. Providing the consumer with these documents at a later date is possible only with the consent of the consumer.

20. Each party to an agreement on the sale of a tourism product has the right to demand its modification or termination in connection with significant changes in the circumstances from which the parties proceeded when concluding this agreement.

Significant changes in circumstances include:

deterioration of travel conditions specified in the agreement on the sale of a tourist product and a tourist voucher;

change in travel dates;

unexpected increase in transport tariffs;

impossibility for the consumer to travel due to circumstances beyond his control (consumer illness, refusal to issue a visa and other circumstances).

The procedure and conditions for changing or terminating an agreement on the sale of a tourism product in connection with significant changes in the circumstances from which the parties proceeded when concluding it, as well as the consequences for the parties of such a change or termination (including the distribution between the parties of expenses incurred by them in connection with the execution such agreement) are determined by the civil legislation of the Russian Federation.

V. The procedure for filing claims and the responsibilities of the parties under an agreement on the sale of a tourism product

21. Claims in connection with violation of the terms of the contract for the sale of a tourism product are presented by the consumer to the contractor in the manner and under the conditions provided for by the Civil Code of the Russian Federation, the Federal Law "On the Fundamentals of Tourism Activities in the Russian Federation" and the Law of the Russian Federation "On the Protection of Consumer Rights" .

Claims regarding the quality of the tourism product are presented to the tour operator in writing within 20 days from the date of expiration of the contract for the sale of the tourism product and are subject to consideration within 10 days from the date of receipt of the claims.

22. The Contractor, in accordance with the Law of the Russian Federation "On Protection of Consumer Rights", is responsible for:

for inappropriate information about the tourism product and the provider, including for causing harm to the life, health and property of the consumer due to failure to provide him with complete and reliable information;

for the sale of a tourism product that contains shortcomings, including violation of the requirements for the quality and safety of the tourism product;

for violation of the terms of provision of services and other terms of the contract for the sale of a tourism product;

for the inclusion in the contract for the sale of a tourism product of conditions that infringe on the rights of the consumer in comparison with the conditions established by federal laws, these Rules and other regulatory legal acts of the Russian Federation;

for causing harm to the life and health of the consumer, as well as his property due to the shortcomings of the tourism product.

The consumer, if he is not given the opportunity to immediately receive information about the tourism product when concluding an agreement on the sale of a tourism product, has the right to demand from the contractor compensation for losses caused by unjustified avoidance of concluding the specified agreement, and if this agreement is concluded, to refuse its execution within a reasonable time and demand a refund of the amount paid for services and compensation for other losses.

The contractor who has not provided the consumer with complete and reliable information about the tourism product is, in accordance with paragraph 1 of Article 29 of the Law of the Russian Federation “On the Protection of Consumer Rights,” responsible for the shortcomings of the tourism product identified after the provision of services to the consumer due to the consumer’s lack of such information.

The consequences of violation by the contractor of the terms for the provision of services, as well as the terms for eliminating deficiencies in such services and the terms for satisfying individual consumer requirements are determined in accordance with Articles 28, 30 and 31 of the Law of the Russian Federation "On the Protection of Consumer Rights", and the rights of the consumer when deficiencies are discovered in a tourism product and the right consumer to refuse to fulfill the contract for the sale of a tourism product - in accordance with Articles 29 and 32 of this Law.

The Contractor is released from liability for failure to fulfill or improper fulfillment of its obligations to the consumer if it proves that the failure or improper fulfillment of obligations occurred due to force majeure, as well as on other grounds provided for by federal laws.

23. In case of violation by the performer of these Rules, the performer bears administrative, criminal or civil liability in accordance with the legislation of the Russian Federation.

Control and supervision over compliance with these Rules is carried out by the federal executive body and its territorial bodies, which are entrusted with the functions of control and supervision in the field of protecting consumer rights and the consumer market.