Rules for the sale of a tourist product 452. Rules for the provision of services for the sale of a tourist product: how to work in this area. Organization of the contractor's activities and information on the services provided for the sale of a tourist product

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

To go, for example, to another country, you need to collect and execute all the necessary documents for this, as well as purchase a ticket for vehicle... This will take a long time. However, having arrived in an unknown state, a citizen may immediately face such problems as the need to look for a place to stay, transport to travel from the airport, which is quite difficult to do if the tourist does not know the local language, etc. As a result, the citizen is willing to pay money to make his life easier and save time. That's why travel business ubiquitous and very popular.

In accordance with the legislation of the Russian Federation, a consumer, turning for services to organizations that sell tourist vouchers, concludes a sales agreement tourist product in writing.

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

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

Currently on tourist market there are two types of organizations involved in the formation and sale of tours, as well as the preparation and conduct of excursions, the provision of other tourist services: a tour operator and a travel agent. These organizations carry out their activities on the basis of an appropriate license. In this case, the tour operator acquires the right to provide travel services on the basis of contracts with the providers of these services (airline, hotel in the respective country, etc.) or with other tour operators engaged in receiving tourists and providing services on the spot. In turn, travel agents, as a rule, implement operator tours. These are intermediary organizations that work in the tourism market directly with consumer customers and receive a commission. The quality of the agent's work largely determines which tour and which operator the buyer will choose. The agent's mistakes at the time of the sale of the tour (for example, inaccurate information, incorrect paperwork, late payment, etc.) can completely ruin the tourist's vacation, so the agent's work is very responsible.

An agreement for the sale of a tourist 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 as follows:

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

Information about the tourist;

The total price of a tourist product in rubles;

Information on consumer properties tourist product - about the program of stay, route and travel conditions, including information about accommodation facilities, accommodation conditions (hotel categories) and meals, services for the transportation of tourists in the country (place) of temporary stay, about the availability of a guide (guide), interpreter, 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 terms for the presentation by the tourist and (or) other customer of claims to the tour operator in case of violation by the tour operator of the terms of the contract;

Information on the procedure, timing and grounds for the tourist and (or) other customer to file claims for the payment of insurance compensation under the tour operator's liability insurance contract or claims for the 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):

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

Payment of funds owed to the tourist in compensation for actual damage arising from non-performance or improper performance by a tour operator (travel agent) of obligations under an agreement on the sale of a tourist product, including funds necessary to compensate for expenses incurred by a tourist in connection with an unforeseen departure (evacuation) from the country (place) of temporary stay (for example, evacuation costs).

Financial support for the tour operator (travel agent) is provided Insurance companies, as well as banking organizations, by concluding either a contract of liability insurance of a 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 due to him cash instead of a tour operator (travel agent) at the written request of the tourist. The basis for payment of insurance indemnity under a tour operator's (travel agent's) liability insurance contract or payment of a monetary amount under a bank guarantee is the fact of establishing the tour operator's obligation to reimburse the tourist and (or) another customer for real damage arising from non-fulfillment or improper performance by the tour operator of obligations under the contract for the implementation of the tourist product, if this is a material violation of the terms of such an agreement (for example, the travel agent violated his obligation under the agreement and did not pay in full for your hotel stay, as a result of which the consumer was forced to pay for these services locally at his own expense).

Other conditions of the specified 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 Tourist 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, the travel agency, when concluding an agreement for the sale of a tourist 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 the payment of medical assistance 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 drawn up in Russian and the state language of the country of temporary stay. At the request of the tourist, the tour operator (travel agent) assists in the provision of insurance services for other risks associated with travel.

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

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

When buying a tourist voucher, preparing for a trip, during its travel, including transit, in accordance with article 6 of the Federal Law of 24.11.1996 No. 132-FZ "On the basics of tourist activity in the Russian Federation", the consumer (tourist) has the right:

Receive the 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 ceremonies, shrines, monuments of nature, history, culture and other objects of tourist display under special protection, condition environment;

To 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, the unhindered receipt of emergency medical care;

For damages and compensation for moral damage in case of non-fulfillment of the terms of the agreement on the sale of a tourist product by a tour operator or travel agent in the manner prescribed by the legislation of the Russian Federation;

For the assistance of authorities (bodies local government) the country (place) of temporary stay in receipt of legal and other types of emergency assistance;

Unimpeded access to communication facilities (telephone, Internet).

The buyer must be notified of the goods and items prohibited for import and export, and the specifics of declaring currency. A citizen who has not been warned by a tour operator (travel agent) and is arrested at the airport for trying to bring an exotic plant or a rare decoration as a souvenir may require the tour operator (travel agent) to compensate his unforeseen expenses.

Of course tour operator should inform the tourist about the climate and ecological situation of the country of temporary stay.

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

Provide the tourist with addresses and phone 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 bodies of the host country (city hall, police, ambulance, etc.);

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

Tell tourists about the areas of the host country that are unfavorable in terms of criminal and sanitary-epidemiological relations, as well as areas that are 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 Federal agency on technical regulation and metrology dated 30.11.2010 No. 578-st) all necessary for the consumer and reference Information provided when concluding an agreement on the sale of a tourist product and must be contained in a memo issued to a tourist.

Before making a trip (trip), each of the parties to the agreement on the sale of a tourist product has the right to demand its change 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 of travel dates;

An unforeseen increase in transport tariffs;

The inability of the consumer to travel due to circumstances beyond his control (illness of the consumer, 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 execute an agreement on the performance of work (provision of services) at any time, provided that the contractor has actually incurred expenses related to the performance of obligations under this agreement.

Within the meaning of Article 782 of the Civil Code of the Russian Federation, the costs incurred by the contractor must be due to his actions to fulfill the obligations assumed under the contract repayable rendering services, while the service provider is obliged to prove the existence and amount of actual costs with the corresponding primary documents. That is, the actual costs that the tourist must reimburse are the costs of the tour operator for the formation of 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 costs incurred for the execution of the contract.

Claims to the quality of a tourist product are presented to the tour operator (travel agent) in writing within 20 days from the date of expiration of the agreement on the sale of the tourist 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 Protection of Consumer Rights" is responsible for:

For inappropriate information about the tourist product and the contractor, 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 implementation of a tourist product containing shortcomings, including for violation of the requirements for the quality and safety of a tourist product;

For violation of the terms for the provision of services and other terms of the agreement on the sale of a tourist product;

For the inclusion in the agreement on 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 the Government of the Russian Federation dated July 18, 2007 No. 452) and other regulatory legal acts of the Russian Federation (for example, a condition restricting the right of a tourist to refuse a tourist voucher before traveling);

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

"Rules for the provision of tourist services" - a local regulatory act, by means of which, in accordance with the provisions of Article 10. Federal law No. 000-1 of February 7, 1992 "On the Protection of Consumer Rights" the tourist must be informed of the necessary and reliable information on the rules for the provision of services, providing the consumer with the opportunity to the right choice... Rules are approved by order Director General.

"I approve"

General manager …"

Full name

REGULATIONS

providing tourism services to consumers

v …"

I. General Provisions

1. These Rules are developed in accordance with the Laws of the Russian Federation No. 000-1 dated February 7, 1992 "On the protection of consumer rights" and dated 01.01.01 "On the basics of tourist activities in the Russian Federation", the Rules for the provision of services for the sale of a tourist product ( approved by the Government Decree No. 000 of 01.01.01) and regulate the relationship between the Consumer and the Contractor when selling a tourist product.

2. A consumer is understood as a citizen who intends to order or purchase, or ordering, acquiring for himself and / or other persons who have entrusted him with representing their interests, a tourist product exclusively for personal, family, household and other needs not related to entrepreneurial activities.

3. The Contractor in these Rules means the Limited Liability Company "...", which provides travel services on the basis of a written agreement with the Consumer on the sale of a travel product.

4. Information about the working hours of the Contractor, the corporate name of the organization and its location (address) is posted on the sign in front of the entrance to Staff only …».

5. The Contractor is obliged to comply with the mandatory requirements for travel agency activities, which are established by the Federal Law "On the Basics of Tourist Activities in the Russian Federation", the Rules for the provision of services for the sale of a tourist product, other state standards, sanitary, veterinary, fire safety rules and other regulatory documents.

7. The Contractor has a book of reviews and suggestions, which is provided to the Consumer at his request.

8. These Rules in a visual and accessible form are brought to the attention of the Consumer by the Contractor by placing them at the consumer's stand, located in a place convenient for the Consumer to familiarize themselves with in the Contractor's office.

9. The necessary and reliable information about the tourist product, which ensures the possibility of the correct choice of tourist services, is communicated by the Contractor to the Consumer in a timely manner in a visual and accessible form by placing it at the consumer's stand, during oral instruction, as well as in writing: in the text of the agreement on the sale of the tourist product , in a tourist voucher, in memos and information sheets.

10. Information about the tour operator, which has formed a complex of tourist services for the Consumer, its registry number and the amount of financial support; information about the consumer properties of a tourist product, the rights, obligations and responsibilities of the Consumer and the Contractor; conditions for amendment and termination of the contract; the procedure and terms for the presentation by the Consumer of claims to the Contractor and the tour operator; the conditions for the consumer to submit claims for the payment of financial compensation, the total cost of the tourist product in rubles; and other conditions are specified in the contract and in the tourist voucher, which is an integral part of the contract for the sale of the tourist product.

11. Settlements with the Consumer for a tourist product are carried out using cash registers or by issuing a tourist voucher form that strictly complies with the BSO TUR-1 form.

12. The Contractor does not have the right to condition the sale of some services by the compulsory purchase of other services or goods by the Consumer.

II.Making the right choice possible

Consumer of tourism services

1. Customer service and the formation of their orders for travel services is carried out by tourism managers ... " (hereinafter referred to as the manager).

2. The manager must listen to the wishes of the Consumer, find out his expectations from the trip and clarify the details of the planned trip: country / region of temporary stay; travel dates; the number of tourists whose interests are represented by the Consumer; the presence of minors among tourists and their age; type and class of transportation; hotel category; type of allocation; food category; types of insurance during the trip; transfer category; the need for an excursion program; other conditions that the Consumer considers essential when making a trip; approximate travel budget; FULL NAME. tourists.

3. Based on the specified details of the planned trip, the manager searches for the appropriate tour operator products and offers several alternative options for organizing the trip that best meet the expectations of the Consumer.

4. The manager, without the consent of the management, has the right to offer Consumers only a tourist product formed by tour operators with which the Contractor already has a contractual relationship.

5. If the Consumer agrees to make a reservation of the proposed complex of tourist services, then the manager is obliged to warn him that the process of confirming the booking of the application can last several working days, and end with the refusal of the tour operator to provide these services.

6. If the offered complexes of tourist services do not meet the requirements of the Consumer, then the manager must offer him to leave his contact phone number in order to promptly inform about the possibility of organizing a trip in accordance with the requirements of the Consumer.

III.Service booking

1. After choosing a specific travel option, the manager informs the Consumer of the preliminary cost of the booked services in accordance with the prices of the tour operator. If the Consumer agrees with the price of the tourist product, the manager fills out the Booking Request sheet in the form established by the tour operator, which forms the ordered product. In the Application for booking, as a rule, the following data are indicated: country of temporary stay; travel dates; number and full name tourists whose interests are represented by the Consumer; the presence of minors among tourists and their age; type and class of transportation; hotel category; type of allocation; food category; types of insurance during the trip; transfer category; the need for an excursion program; other conditions that the Consumer considers essential when making a trip, the number of the special offer or program within which the booking is made.

2. After filling out the Application for booking services, the manager must sign with the Consumer, based on the specifics of the ordered tourist product, one of the following documents:

a) A preliminary agreement on the sale of a tourist product. This preliminary agreement specifies the conditions allowing to establish the subject, other essential conditions of the agreement on the sale of the tourist product, the period within which the parties undertake to conclude it, and indicate in it the amount of the advance payment (advance).

b) Agreement on the sale of a tourist product, indicating the procedure and terms of payment, including the amount of advance payment (advance).

3. The manager (if by the order of the General Director he is endowed with the appropriate powers, and otherwise - the cashier-operator or accountant), on the basis of the concluded written agreement, receives funds from the Consumer for an advance payment and for this amount of advance is obligatorily punched cashier's check.

4. The second copy of the preliminary agreement and the cashier's receipt are handed over to the Consumer and he is warned about the need to save these documents.

IV.Documentary registration of the implementation of the tourist product

1. After receiving from the tour operator data on the booking of the Application, the manager informs the Consumer about this and invites him to the office.

2. The buyer is informed of the final cost of the booked services on the basis of the invoice issued by the tour operator (or the Booking Confirmation of the Application). If the Consumer agrees with him, he signs written contract on the sale of a tourist product (if a preliminary agreement was signed before that) or Appendix No. 1 to the agreement on the sale of a tourist product.

2.1. Then the manager accepts a cashier's receipt from the Consumer for the amount of the advance and a refund is made with the registration of the relevant documents and fills out the tourist voucher form BSO TUR-1, in which he indicates the full cost of services. He receives money from the Consumer for tourist services and must name the amount received and put the bills separately in front of the Consumer; sign the TUR-1 form; name the amount of change and give it to the Consumer together with the TUR-1 form.

2.2. If the Consumer, for any reason, refuses the booked services, then the transaction with him is terminated on the basis of his written application and the Consumer, on the basis of the receipt returned by him for the amount of the advance, will be returned all the funds received from him as an advance payment, withholding the amount actually incurred Contractor for these circumstances of the cost.

V.Non-confirmation by the tour operator of the Application for booking services

1. If the tour operator has not confirmed the booking of the Application for services, the manager offers the Consumer other possible travel options. If the Consumer disagrees with the alternative offers, the manager accepts from the Consumer a cashier's receipt previously issued to him for the amount of the advance, and on this basis, refunds all funds received from the Consumer as an advance payment, without any deductions.

Vi.Informing the Consumer about the tourist product

1. When concluding an agreement on the sale of a tourist product, the manager provides the Consumer with reliable information:

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

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

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

on the rules for entering the country of temporary stay and leaving the country of temporary stay, including information on the need for a visa to enter the country and leave the country of temporary stay;

on the basic documents required to enter the country of temporary stay and leave the country of temporary stay;

about the customs of the local population, about religious ceremonies, shrines, monuments of nature, history, culture and other objects of tourist display, which are under special protection, the state of the natural environment (to the extent necessary for travel);

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

about the dangers that the Consumer may meet while traveling, about the need to undergo preventive measures in accordance with international medical requirements if the Consumer intends to travel to the country of temporary residence in which he may be exposed to an increased risk of infectious diseases;

O 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 objects, engaging in extreme types of tourism and sports, etc.) ;

on the requirements and rules, to the extent necessary for travel, including: customs, border, medical, sanitary and epidemiological, use of an insurance policy, hotel accommodation, air travel (in the amount necessary for travel);

on the location, postal addresses and contact telephone numbers of the authorities state power Of the Russian Federation, diplomatic missions and consular offices of the Russian Federation located in the country of temporary residence, to which the Consumer can apply in the event of emergencies in the country of temporary residence or other circumstances that threaten the safety of his life and health, as well as in cases of a risk of harm the property of the Consumer;

about the address (place of stay) and the contact telephone number in the country (place) of temporary stay of the head of the group of minor citizens in case the tourist 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 of temporary stay;

about other features of the trip.

3.1. Before concluding the contract, the manager must check the changes that may have occurred in the composition of the services provided at the booked hotel from the moment the tour operator's catalog was published and before the start of the trip, and inform the Consumer about this.

3.2. The manager is obliged to promptly inform the Consumer about the statements of the Ministry of Foreign Affairs of Russia, Federal Tourism Agency and other official authorities regarding the conditions and safety of the upcoming trip.

3.3. The manager informs the Consumer about the tour operator who booked and will provide the Consumer with services under the contract for the sale of the tourist product, its registry number, the amount of financial security and information about the organization that provided financial support to the tour operator.

4. The Manager promptly (at least one day before the start of the trip) informs the Consumer (information is communicated to the Consumer in the way that he indicated in this Agreement) about the flight schedule, about the time and place of gathering of the tourist group and / or receiving the necessary for travel documents.

5. The Manager must, without undue delay, inform the Consumer about the occurrence of circumstances that prevent the provision of certain paid services or the Consumer's departure abroad.

Vii.Set of documents for services

1. The manager informs the Consumer about the requirements for documents and information necessary to draw up a package of documents confirming the tourist's right to the services paid by him, including for obtaining entry visas.

2. The Contractor, no later than 24 hours before the start of the trip, transfers to the Consumer a package of documents necessary for the trip (as a rule, travel documents, a voucher of the receiving organization, a visa if it is issued at the embassy of the country of temporary stay in the Russian Federation, insurance policies for types of insurance paid by the Consumer , information leaflets). By agreement with the Consumer, the package of documents can be handed over to him at other times, for example, at the airport, no later than 2.5 hours before the flight departure time.

3. The obligation to transfer the package of documents to the Consumer arises from the Contractor only after receiving the full amount for payment of services.

4. If the Embassy of the country of temporary residence refuses to issue a visa to the Consumer, the transaction with him is terminated due to a significant change in the circumstances from which the Parties proceeded when concluding the contract. At the same time, the funds received from him are returned to the Consumer minus the documented expenses of the Contractor.

VIII.Terms of refusal of the Consumer from the booked Services

1. The consumer has the right at any time in writing to refuse the Application, the booking of which is confirmed by the Tour Operator. In this case, within 20 (twenty) banking days, the funds received in payment for services are returned to him, with the deduction from them of the amount actually incurred by the Contractor.

2. If, prior to the start of the trip, circumstances arose that were confirmed by appropriate decisions federal bodies state authorities and indicating a threat to his safety in the country of temporary residence of the Consumer, the Contractor has the right to cancel the confirmed Application and return to the Consumer all funds previously received from him, without any deductions.

3. If the Consumer, on his own initiative or as a result of his guilty actions, did not use all or part of the services (including due to the lack of proper documents, late check-in for the flight, official refusal to leave the Russian Federation or enter the country of temporary stay, deportation and etc.), then in this case the Contractor does not make a refund for the services that the Consumer did not use, or any other material compensation in his favor.

4. In the case when, before the start of the trip, the Contractor informs the Consumer in writing that compliance with the instructions of the Consumer and others depending on the latter circumstance may reduce the quality and / or change the composition of services or entail the impossibility of their provision within the contractual terms, and the Consumer does not change instructions on the method and / or timing of the provision of services, the Contractor has the right to cancel the Application and return to the Consumer the funds received in return for the services, withholding from them the amount actually incurred by the Contractor.

5. If, after the start of the trip, it turns out that the Consumer cannot be provided with a part of the booked Services, then the Tour Operator is obliged to offer their alternative replacement without any additional costs for the Consumer and reimburse the Consumer for the difference, if any, from the value of the previously booked and the price actually provided services, as well as pay the Consumer documented damage associated with the failure to provide some of the services.

5.1. If the Consumer has used the offered alternative services, then the service within the framework of the contract is considered by the Contractor to be performed properly.

5.2. If the Consumer refuses alternative services and believes that in this case he is largely deprived of what he had the right to count on when concluding the contract, then the Tour Operator assists the Consumer in returning to the point of departure and is obliged to refund the difference between the price of the previously booked and actually provided Services (at the time of early return), as well as documented expenses incurred by the Consumer in connection with an unforeseen departure and documented damage associated with failure to provide part of the Services.

4. In the event that, after the start of the trip, circumstances have arisen, confirmed by the relevant decisions of federal state authorities and indicating a threat to his safety in the country of temporary residence of the Consumer, the Consumer has the right to interrupt the trip and, with the assistance of the Tour Operator, return to the point of departure, while a sum of money equal to the cost of the services not rendered is returned.

IX.The procedure for considering consumer claims to the quality of services

1. The consumer, in the event that he / she detects improper performance or non-performance of the ordered services during the trip, must immediately notify the Contractor's employees about this in order to take timely measures to satisfy all parties involved.

2. The Contractor will consider the claim for non-provision or inadequate provision of the service satisfied if the Consumer, on the basis of his complaint, instead of the service, which for one reason or another could not be performed or was performed improperly, was offered an alternative service, and the Consumer used it. In this case, the service is considered to be performed properly.

3. The consumer, after returning from abroad, must send a written complaint to the Contractor about the quality of the services provided no later than 20 days from the date of the end of the trip, attaching copies of documents confirming the actual damage incurred by the Consumer in connection with these circumstances.

4. The contractor is obliged to consider the claim and give a written answer within ten days.

X.Insurance and financial guarantees of the Tour Operator

1. The tour operator, on behalf of the Consumer, concludes an insurance contract for the Consumer in case of sudden illness and against accidents. The buyer is presented with an insurance policy that provides for payment for medical care and reimbursement of expenses in the event of an insured event. Implementation of services without encumbrance with the obligation to conclude a contract health insurance not allowed.

2. The buyer, at his request, is given the opportunity to carry out damage insurance in case of impossibility to travel.

3. The material liability of the Tour Operator for obligations to the Consumer is ensured by the presence of financial guarantees that comply with the requirements of the legislation.

3.1. If the fact of the Tour Operator's obligation to compensate the Consumer for real damage arising as a result of a significant violation of contractual obligations for the provision of transportation and / or accommodation services or violations of the requirements for the quality and safety of services is established, the Consumer has the right to apply with a written request for payment of the amount of money incurred by him real damage directly to the organization that provided the Tour Operator with financial support.

4. The amount and details of the financial support of the Tour Operator, the terms of payments to the Consumer of the amount of money, information on the grounds, procedure and terms for the presentation by the Consumer of the relevant requirements are indicated in the agreement for the sale of the tourist product.

Reservation by the Contractor of services from a tour operator that does not have financial guarantees and is not included in federal register tour operators are not allowed.

In accordance with part five of Article 4 of the Federal Law "On the Basics of Tourist 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:

To approve the attached Rules for the provision of services for the sale of a tourist product.

Prime Minister
Russian Federation
M. Fradkov

Rules for the provision of services for the sale of a tourist product

I. General Provisions

1. These Rules determine the procedure for the provision of services for the sale of a tourist product.

2. A consumer is understood as a customer of a tourist product who intends to order or orders and uses a tourist product exclusively for personal, family and other needs not related to the implementation entrepreneurial activity.

A performer means a tour operator who concludes 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 concluding an agreement with the consumer on the sale of a tourist product on his own behalf, but on behalf of and at the expense of the tour operator in accordance with the Federal Law "On the Fundamentals of Tourist Activities of the Russian Federation" and the Civil Code of the Russian Federation.

3. The concepts "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 Federation ".

II. Requirements for the organization of the contractor's activities

4. The operating mode of the contractor is set by him independently. The operating mode of the contractor is brought to the attention of consumers and must comply with the established one.

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

5. Contractor - entity is obliged to inform the consumer about the firm name (name) of his organization, location (postal address) and working hours. The contractor places the specified information on the sign.

Contractor - individual entrepreneur must provide the consumer with information about his state registration and the name of the registering authority.

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 a tourist product

7. The contractor is obliged to provide the consumer with the necessary and reliable information about the tourist product in a timely manner, ensuring the possibility of making the right choice.

Information about a tourist product must contain information:

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

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

about a specific third party who will provide certain 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 on the need for a visa to enter the country and (or) exit from the country of temporary stay;

on the basic documents required to enter the country (place) of temporary stay and leave the country (place) of temporary stay;

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 meet while traveling, the need to undergo preventive measures in accordance with international medical requirements, if the consumer intends 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 if 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 other);

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

on the location, postal addresses and contact telephone numbers of state authorities 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 apply in the event of emergencies 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 property of the consumer;

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

about other features of the trip.

8. The contractor is obliged to provide the consumer with information on entering information about the tour operator that has formed the tourist product being sold into the unified federal register of tour operators, as well as whether he has a valid civil liability insurance contract for non-fulfillment or improper fulfillment of obligations under an agreement on the sale of a tourist product (hereinafter - the contract tour operator liability insurance) or a bank guarantee for the fulfillment of obligations under an agreement on the sale of a tourist product (hereinafter referred to as a bank guarantee) provided for by the Federal Law "On the Basics of Tourist 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 take legal and actual actions to sell the tourist product;

that the person providing services to the consumer under an agreement on the sale of a tourist 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 Tourist Activities in the Russian Federation" payment of insurance indemnity under a tour operator's liability insurance contract or on payment of the amount of money under a bank guarantee directly to the organization that provided the tour operator with a tour operator's liability insurance contract or a bank guarantee (if, in accordance with the agreement concluded between the tour operator and the travel agent, the travel agent is instructed on its own behalf to sell a tourist product formed by the tour operator);

on the conditions of operation of clause 14 of these Rules.

At the request of the consumer, the travel agent provides the consumer with information on the essential conditions of the agreement concluded between the tour operator and the travel agent selling the tourist product formed by the tour operator.

10. When concluding an agreement on the sale of a tourist product, the performer shall inform the consumer of these Rules, as well as information in Russian about the performer, the services provided for the sale of the tourist product, specified in paragraphs 5, 7-9 of these Rules, and at the discretion of the performer on the 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 catalogs, reference books, descriptions of a tourist product, as well as in other ways that do not contradict the legislation of the Russian Federation.

The information must also be brought to the attention of the consumer in the event that the sale of the tourist product is carried out outside the permanent location of the contractor and his structural units, in temporary premises, at specialized exhibitions and fairs.

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

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

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

13. The essential terms of the agreement on the sale of a tourist product concluded between the tour operator and the consumer include:

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

the amount of financial security, number, date and duration of the tour operator's liability insurance contract 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 tourist product 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 a tourist product in rubles;

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

rights, obligations and responsibilities of the parties;

conditions for changing and terminating an agreement on the sale of a tourist product;

information on the procedure and terms for the consumer to file claims against the performer in case of violation by the performer of the terms of the agreement on the sale of the tourist product;

information on the procedure and timing of the consumer's claims for payment of insurance compensation under the tour operator's liability insurance contract or claims for payment of the amount 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 a bank guarantee.

It is not allowed to include in the agreement on 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, these Rules and other regulatory legal acts of the Russian Federation regulating relations in the field of consumer protection.

14. The essential conditions of the agreement on the sale of a tourist product concluded between the travel agent and the 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 the contract for the sale of a tourist product is a tour operator;

information about the possibility of the consumer, in the event of the occurrence of the circumstances specified in Article 174 of the Federal Law "On the Basics of Tourist Activities in the Russian Federation", to apply in writing to pay insurance compensation under the tour operator's liability insurance contract or to pay the amount of money under a bank guarantee directly to the organization, providing the tour operator with financial support.

15. Offer of a tourist product addressed to an indefinite circle of persons, contained in advertisements, descriptions, reference books and realized in other ways, established by law Of the Russian Federation, is recognized as a public offer if it contains all the essential terms of an agreement on the sale of a tourist product.

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

the timing of such an event;

a source of information about the organizer of such an event, the rules for 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 tourist product in the manner and within the timeframes established in the contract for the sale of the tourist product.

The contractor is not entitled 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 for, the consumer has the right to demand that the contractor return the amount paid.

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

The 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 tourist product, the quality of which complies with the mandatory requirements established by federal laws and other regulatory legal acts of the Russian Federation, as well as an agreement on the sale of a tourist product.

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

If the contractor, when concluding an agreement on the sale of a tourism product, was notified by the consumer about the specific purposes of the tourism product required 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 inform the consumer in a timely manner that compliance with the instructions of the consumer and other circumstances depending on the consumer may reduce the quality of the tourist product or entail the impossibility of providing the services included in the tourist product within the terms specified in the agreement on the sale of the tourist product.

If the consumer, despite the timely and reasonable informing by the contractor, within a reasonable time does not 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 agreement on the sale of the tourism product and demand compensation for damages.

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

In the event of the occurrence of circumstances indicating the emergence in the country (place) of the temporary stay of consumers of a threat to the safety of their life and health, as well as the danger of causing harm to their property, the consumer and (or) the performer have the right to demand judicial procedure termination of the agreement on the sale of a tourist product or its amendment.

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

If the agreement on 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 refunded a sum 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 personal data of the consumer 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 guarantees of payment for medical care to persons temporarily located on its territory, the contractor is obliged to ensure the provision of such guarantees in the form of insurance medical policy... At the request of the consumer, the contractor assists in the provision of insurance services for other risks (including when traveling related to the passage of routes by consumers 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 transfer to the consumer the original agreement on the sale of the tourist product, the tourist voucher, documents certifying the consumer's right to the services included in the tourist product (voucher, ticket, etc.), as well as other documents required by the consumer to travel. The provision of the specified documents to the consumer at a later date is possible only with the consent of the consumer.

20. Each of the parties to the agreement on the sale of a tourist product has the right to demand its change 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 of travel dates;

unforeseen growth in transport tariffs;

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

The procedure and conditions for amending or terminating an agreement on the sale of a tourist 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 the costs incurred by them in connection with the execution such an agreement), are determined by the civil legislation of the Russian Federation.

V. The procedure for making claims and the responsibility of the parties under the agreement on the sale of a tourist product

21. Claims in connection with violation of the terms of the agreement on the sale of a tourist product are presented by the consumer to the performer in the manner and on the conditions provided for by the Civil Code of the Russian Federation, the Federal Law "On the Fundamentals of Tourist Activities in the Russian Federation" and the Law of the Russian Federation "On Protection of Consumer Rights" ...

Claims to the quality of a tourist product are presented to the tour operator in writing within 20 days from the date of expiration of the contract for the sale of a tourist 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 tourist product and the contractor, 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 tourist product containing shortcomings, including for violation of the requirements for the quality and safety of a tourist product;

for violation of the terms for the provision of services and other terms of the agreement on the sale of a tourist product;

for the inclusion in the agreement on 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, 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 tourist product.

The consumer, if he is not given the opportunity to immediately receive information about the tourist product when concluding an agreement on the sale of a tourist product, has the right to demand from the contractor compensation for losses caused by unjustified evasion of the said agreement, and if this agreement is concluded, within a reasonable time, to refuse to fulfill it, and demand the return of the amount paid for the services and compensation for other losses.

The contractor who has not provided the consumer with complete and reliable information about the tourist product, bears, in accordance with paragraph 1 of Article 29 of the Law of the Russian Federation "On Protection of Consumer Rights", responsibility for the shortcomings of the tourist product revealed 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 the shortcomings of 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 Protection of Consumer Rights" the consumer to refuse to fulfill the agreement on the sale of the tourist product - in accordance with Articles 29 and 32 of the said Law.

The contractor is released from liability for non-fulfillment or improper fulfillment of his obligations to the consumer if he proves that non-fulfillment or improper fulfillment of obligations was 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 consumer protection and the consumer market.

GOVERNMENT OF THE RUSSIAN FEDERATION

ON APPROVAL OF THE RULES

Note:
Article 38 of the Law of the Russian Federation of 07.02.1992 N 2300-1 "On Protection of Consumer Rights" became invalid due to the publication of the Federal Law of 25.10.2007 N 234-FZ. The powers of the Government of the Russian Federation to publish the rules for the consumer and seller (manufacturer, executor, authorized organization or authorized individual entrepreneur, importer), which are binding upon the conclusion and execution of public contracts, are defined in Article 1 of the Law of the Russian Federation of 07.02.1992 N 2300-1.

In accordance with part five of Article 4 of the Federal Law "On the Fundamentals of Tourist 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:

To approve the attached Rules for the provision of services for the sale of a tourist product.

Prime Minister
Russian Federation
M. FRADKOV

Approved
Government Decree
Russian Federation
dated July 18, 2007 N 452

REGULATIONS
RENDERING SERVICES FOR THE SALE OF A TOURIST PRODUCT

(as amended by Resolutions of the Government of the Russian Federation of 03.23.2013 N 254)

I. General Provisions

1. These Rules determine the procedure for the provision of services for the sale of a tourist product.

A performer means a tour operator who concludes 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 concluding an agreement with the consumer on the sale of a tourist product on his own behalf, but on on behalf of and at the expense of the tour operator in accordance with the Federal Law "On the Fundamentals of Tourist Activities of the Russian Federation" and the Civil Code of the Russian Federation.

3. The concepts "tourist", "tour operator", "travel agent", "tourist product", "customer of a tourist product", "sale of a tourist product", "emergency assistance" are used in the meaning established by the Federal Law Federation ".

(as amended by Resolutions of the Government of the Russian Federation of 03.23.2013 N 254)

II. Requirements for the organization of the contractor's activities

4. The operating mode of the contractor is set by him independently.

The operating mode of the contractor is brought to the attention of consumers and must comply with the established one.

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

5. The contractor - a legal entity is obliged to inform the consumer about the firm name (name) of his organization, location (postal address) and working 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 it.

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 a tourist product