Sample agreement on the sale of a tourism product (travel agent). Offer agreement for the sale of a tourism product Agreement for the sale of a tourism product

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 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.

In accordance with clause 2 of the Decree of the Government of the Russian Federation of July 18, 2007 N 452, the contractor is understood as a tour operator who enters into an agreement with the consumer on the sale of a tourist product, as well as travel agent, acting on the basis of an agreement with the tour operator that created the tourism product and, on his behalf, concluding agreements on the sale of the tourism product generated by the tour operator in accordance with the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation” and the Civil Code of the Russian Federation.

Responsibility of the Travel Agent under the contract for the sale of a tourism product

The travel agent is not responsible for the consequences of improper formation of the tourism product and execution of the contract for the sale of the tourism product. At the same time, a travel agent acting on its own behalf bears full responsibility to consumers for violation of their rights at the stage of concluding an agreement on the sale of a tourist product and earlier (before concluding an agreement), primarily in terms of timely provision of necessary and reliable information that ensures the correct choice by individuals faces of tourism products.

In other words, if a travel agent misled a tourist, for example, that the hotel where he was going to vacation was five-star, while he knew that the tourist product created by the tour operator included only accommodation in a three-star hotel, then the travel agent (travel agency, who sold the ticket).

But if the tourism product initially included accommodation in a 5-star hotel, as was stated in the contract for the sale of the tourism product concluded with the client, but upon arrival at the holiday destination, the tourist was checked into a 3-star hotel - the tour operator must bear responsibility.

The travel agent is also responsible for services provided to the tourist that are not included in the tourism product created by the tour operator. For example, a travel agent can provide a service such as “assistance and assistance in obtaining a foreign passport.”

If the service is not provided or provided untimely, losses associated with this (including in connection with cancellation of the trip) may be recovered from the travel agent, and not from the tour operator.

Responsibility of the Tour Operator under the contract for the sale of a tourism product

The promotion and sale of a tourism product by a travel agent is carried out on the basis of an agency agreement concluded between the tour operator and the travel agent.

The liability of a travel agent or tour operator for the inadequate quality of tourist services or their failure to provide them is possible depending on the agreement concluded between them.

If a contract of agency is concluded, then the rights and obligations on the basis of paragraph 3, paragraph 1 of Article 1005 of the Civil Code of the Russian Federation arise directly from the principal, i.e. from the tour operator (unless otherwise provided in the contract). In this case, claims must be made against the tour operator and the organization that provided financial security.

In the case when a travel agent sells a tourist product on its own behalf, then, according to paragraph 2 of clause 1 of Article 1005 of the Civil Code of the Russian Federation, the agent (travel agent), even if the principal (tour operator) was named in the transaction or entered into with a third party, acquires the rights and becomes obligated person in direct relations with the execution of the transaction.

According to Art. 6 of Law N 132-FZ, a tourist has the right to compensation for losses and compensation for moral damage in the event of failure to comply with the terms of the contract for the sale of a tourist product by a tour operator or travel agent in the manner established by the legislation of the Russian Federation.

A travel agent is considered a contractor under a contract only if he acts on his own behalf (see clause 2 of the Decree of the Government of the Russian Federation of July 18, 2007 N 452 “On approval of the Rules for the provision of services for the sale of a tourist product”).

Thus, when a travel agent sells a tourist product on his own behalf, the tourist has the right to make claims against the travel agent.

However, this conclusion is not entirely correct, although it is often reflected in judicial practice.

Clause 4 of Article 1005 of the Civil Code of the Russian Federation states that the law may provide for the specifics of certain types of agency agreements.

Such features are provided for by special rules governing tourism activities.

Yes, Art. 10.1 of Law N 132-FZ stipulates that the contract for the sale of a tourist product, when it is sold by a travel agent on its own behalf, must include information that the person (performer) providing services to the tourist and (or) other customer under this contract is a tour operator .

Article 10 of the Law of November 24, 1996 N 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation” states that claims to the quality of the tourism product are made by the tourist and (or) other customer to the tour operator in writing within 20 days from the date of expiration of the contract and are subject to consideration within 10 days from the date of receipt of claims.

Article 9 of Law N 132-FZ provides that the tour operator is liable to the tourist for failure to fulfill or improper fulfillment of obligations under an agreement on the sale of a tourism product (including for failure to provide or improper provision of services to tourists included in the tourism product, regardless of who should were or were provided these services). The tour operator is also responsible to tourists for actions (inaction) committed on behalf of the tour operator by its travel agents within the limits of their duties (powers).

Article 17.4 of Law N 132-FZ (as amended on May 3, 2012) stipulates that the basis for payment of insurance compensation under a tour operator’s liability insurance contract is the fact that the tour operator has established the obligation to compensate the tourist for real damage resulting from the tour operator’s failure to fulfill or improper fulfillment of its obligations under the contract on the sale of a tourism product, if this is a significant violation of the terms of such an agreement. This article includes, among other things, significant violations by the tour operator of the specified agreement, failure to fulfill obligations to provide the tourist with accommodation services included in the tourism product. A claim for compensation for actual damage arising as a result of non-fulfillment or improper fulfillment by the tour operator of obligations under the contract for the sale of a tourism product may be brought by the tourist to the tour operator or to the tour operator and the insurer (guarantor) jointly.

The above rules of law allow us to conclude that in the case where an agreement on the sale of a tourist product is concluded by a travel agent on its own behalf, the tourist has the opportunity to apply for payment of insurance compensation under the tour operator’s liability insurance contract directly to the organization that provided the tour operator with financial security and present your complaints against the tour operator.

• Recommended review:"Quality of tourist services, or their failure to provide. Losses. Judicial practice" (inadequate quality of services included in the tour package and losses. Failure to provide tourist services by the Tour Operator. Judicial practice)

If the agency agreement between the Travel Agent and the Tour Operator states that the Travel Agent bears responsibility for the fulfillment of obligations under the contract for the sale of a tourism product?

There is a position supported by the courts, according to which a tour operator cannot be held liable to a tourist in the case where a travel agent sold a tourist product acting under an agency agreement with the tour operator on its own behalf, and in the said agreement the responsibility of the tour operator is excluded; under the terms of the agreement, the Travel Agent is responsible for the quality of the tourism product.

Indeed, according to the provisions of paragraph. 13th century 9 of the Law on the Fundamentals of Tourism Activities, the agreement concluded between the tour operator and the travel agent establishes the responsibility of each of them to the tourist and (or) other customer for failure to provide or provision of inaccurate information about the tourism product, for failure to fulfill or improper fulfillment of obligations under the contract for the sale of tourism product. Responsibility of the tour operator and travel agent acting on behalf of the tour operator to consumers of tourism services in accordance with the provisions of Art. 9 of the Law on the Fundamentals of Tourism Activities and paragraphs 1 and 4 of Art. 1005 of the Civil Code of the Russian Federation is determined by the content of the agreement between them.

For example, the court indicated that tourist services were not provided in accordance with the terms of the contract, there was a deterioration in travel conditions and a change in them, about which they were not informed by the Travel Agent. A travel agent, having entered into agreements with third parties in the course of promoting and selling a tour on its own behalf, becomes responsible for the provision of all services provided for in the agreement, regardless of whether these services are provided by the travel agent itself or by a third party. Clause 5.5 of the agency agreement directly provides for the responsibility of the travel agent to the Client, with whom the agent independently and on his own behalf entered into an agreement for the provision of travel services.

Or, for example, the plaintiff asked to recover damages from the Tour Operator, pointing out that instead of vacationing in the Emirate of Fujairah, they were forced to vacation in the Emirate of Sharzh, and instead of a two-room suite, they were given a one-room suite. The claim was rejected because the Tour Operator, according to the court, is an improper defendant in the case. Considering that the Travel Agent, when concluding an agreement with the plaintiff on the provision of a range of tourist services, acted on its own behalf, the court came to the conclusion that the person responsible for causing losses to the plaintiff as a result of the failure to provide services included in the tourism product, in particular related to travel services visa support (necessary for a tourist trip) is a travel agent. According to clause 1.2. agency agreement, all rights and obligations under a transaction concluded by a travel agent in pursuance of the tour operator’s instructions arise directly from the travel agent, even if the tour operator was named in the transaction or entered into direct relations with the execution of the transaction ( see further examples from judicial practice in the article"Responsibility of a Travel Agent. Judicial practice" ).

Explanations of the Supreme Court of the Russian Federation on the responsibility of the Tour Operator and Travel Agent

In paragraph 50 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 N 17 “On the consideration by courts of civil cases in disputes on the protection of consumer rights”, the following is stated:

"When applying legislation on the protection of consumer rights to relations related to the provision of tourism services, courts should take into account that responsibility to the tourist and (or) other customer for the quality of fulfillment of obligations under the contract for the sale of a tourism product concluded by the travel agent both on behalf of the tour operator and on its own behalf, is borne by the tour operator (including for failure to provide or improper provision of services to tourists included in the tourism product, regardless of who should have provided or provided these services), unless federal laws and other regulatory legal acts of the Russian Federation establish, that a third party is responsible to tourists (Article 9 of the Federal Law of November 24, 1996 N 132-FZ “On the Fundamentals of Tourism Activities”).

In this regard, draw the attention of the courts to the fact that, for example, in cases of disputes arising in connection with the implementation of charter air transportation of passengers within the framework of the execution of an agreement on the sale of a tourism product, the proper defendant and executor of the contract of carriage with the consumer is the tour operator, who in In accordance with paragraph 2 of Article 638 of the Civil Code of the Russian Federation, without the consent of the lessor under a lease (time charter) of a vehicle, on its own behalf, enter into transportation agreements with third parties."

Thus, a fundamental position has been expressed according to which the tour operator, and not the travel agent, is responsible for the failure to provide or improper provision of services included in the tourism product to tourists, regardless of whether the travel agent acts on its own behalf or on behalf of the tour operator.

The clarifications do not contain judgments about the possibility of shifting responsibility to the tourist from the tour operator to the travel agent by agreement of the parties, however, in our opinion, such a condition of the contract will not contradict the law.

Currently, work is underway to approve standard forms of agreement on the sale of tourism products. Our expert, lawyer, mediator Dimitry Morozov talks about what is important for an agent to know, legislative initiatives, difficulties of the process and prospects.

According to him, Article 10 of the Federal Law dated November 24, 1996 No. 132-FZ “On the fundamentals of tourism activities in the Russian Federation” as amended, which will be in force from January 1, 2017, establishes the requirements for the contract for the sale of a tourism product concluded between a tour operator and a tourist and (or) other customer, as well as a travel agent and (or) other customer.

It was determined that this agreement must comply with the legislation of the Russian Federation, including legislation on the protection of consumer rights. It is noted that standard forms of the agreement must be approved by the authorized federal executive body, that is, the Ministry of Culture of the Russian Federation.

Underwater rocks

If in the case of a contract being concluded by a tour operator, everything is more or less clear, then in relation to the travel agent, a number of questions arise that require reflection.

The main circumstance that is immediately visible is that the law provides for the development of standard contracts for the sale of a tourism product, concluded between a travel agent and a tourist.

But when concluding such an agreement, the travel agent must have the rights and responsibilities that the tour operator transfers to him. The transfer is carried out by concluding an appropriate agency or similar agreement.

However, the text of the law does not mention the need to develop a standard agreement between a tour operator and a travel agent. I can assume that in practice this can cause a number of difficulties in the work of travel agents .

Namely, the agreement between the tour operator and the travel agent, when the travel agent uses a standard agreement, may not fully correspond to the agreement between the travel agent and the consumer in terms of the scope of rights and obligations. This may expose the travel agent to additional risks, such as financial liability.

The question of the compliance of these agreements, the existence of standard agreements between a tour operator and a travel agent, in my opinion, will still be raised, and, I hope, will be resolved positively.

Legislative initiatives

According to available information, this project is still being finalized, and opinions from industry public organizations are being collected. And this is probably a positive thing, since during the discussions attention is drawn to the legal and economic differences between subjects of professional tourism activities (tour operators and travel agents), to the different scope of rights and responsibilities, to the difficulties that arise in daily work.

In my opinion, there is every reason to hope that in the end the industry will receive a new good standard contract for the sale of tourism products , which will protect not only consumers, but will also provide fair standards regarding the liability of tour operators and travel agents.

In practical activities, the opinion of Rospotrebnadzor on the documents used and their content is also important. For example, when conducting inspections they will take into account all the above circumstances. And for this reason, know and It is extremely necessary to understand all the terms of a standard contract for a travel agent (and tour operator).

At the same time, from a practical point of view, I would like to note that, according to Article 421 of the Civil Code of the Russian Federation, the parties are free to enter into an agreement.

That is, the parties can enter into a mixed agreement or even one not directly provided for by civil law, but not prohibited by it. According to Article 427 of the Civil Code of the Russian Federation, a contract may provide that its individual terms are determined by exemplary terms developed for contracts of the corresponding type and published in the press. And in cases where the contract does not contain a reference to exemplary conditions, such conditions are applied to the relations of the parties as customs.

Actually, these rules are interpreted almost literally, which is confirmed by the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 14, 2014 No. 16 “On freedom of contract and its limits.”

Main conclusions:

1)​ The contract for the sale of a tourism product must necessarily contain the essential and other mandatory terms of the contract for the sale of a tourism product, reflected in Articles 10 and 10.1 of the Federal Law of November 24, 1996 No. 132-FZ “On the fundamentals of tourism activity in the Russian Federation” and the relevant sections of the Civil Code Code of the Russian Federation;

2)​ A standard contract for the sale of a tourism product is not mandatory;

3)​ The parties have the right to use a standard agreement, and if the agreement does not contain a reference to sample conditions, then they are used as customs (that is, in controversial situations that are not disclosed in the text).

Finally Here are articles 10 and 10.1. industry law, which contain essential and, so to speak, other mandatory conditions that must be in the contract for the sale of a tourism product.

Article 10. Features of the sale of a tourism product

The sale of a tourist product is carried out on the basis of an agreement concluded in writing, including in the form of an electronic document, between the tour operator and the tourist and (or) other customer, and in cases provided for by this Federal Law, between the travel agent and the tourist and (or) other by the customer. The specified agreement must comply with the legislation of the Russian Federation, including legislation on the protection of consumer rights. Standard forms of an agreement on the sale of a tourism product concluded between a tour operator and a tourist and (or) another customer, and an agreement on the sale of a tourism product concluded between a travel agent and a tourist and (or) another customer, are approved by the authorized federal executive body.

The essential terms of the contract for the sale of a tourism product include:

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

The amount of financial security for the tour operator's liability, number, date and validity period of the tour operator's liability insurance contract or contracts and (or) bank guarantee or bank guarantees, name, address, location of the organization that provided financial security for the tour operator's liability, if the tour operator's personal liability fund has not reached the maximum size (with the exception of tour operators specified in paragraphs two and three of part five of Article 4.1 of this Federal Law);

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 tourism 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), a guide-translator, a private instructor, 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 claims for compensation for actual damage to the tourist and (or) other customer at the expense of funds personal liability fund of the tour operator, provided that the funds of the insurer or guarantor to pay insurance compensation under the tour operator's liability insurance agreement or pay the amount of money under a bank guarantee were insufficient if the tour operator's personal liability fund did not reach the maximum size (with the exception of tour operators specified in paragraphs two and three of part five of Article 4.1 of this Federal Law);

Information on the procedure and timing for the tourist and (or) other customer to submit claims for compensation for actual damage to the tourist and (or) other customer from the funds of the tour operator’s personal liability fund in the event that the tour operator’s personal liability fund has reached the maximum size;

The condition for issuing to a tourist and (or) other customer purchasing a transportation service provided by a tour operator separately or as part of a tourism product an electronic transportation document (ticket) confirming the tourist’s right to transportation to the destination and back or as otherwise agreed upon in the contract for the sale of tourism product itinerary and issued on the basis of the data of the passenger’s identity document. If an agreement on the sale of a tourist product is concluded earlier than 24 hours before the start of the trip, such a document (ticket) must be issued to the tourist and (or) other customer no later than 24 hours before the start of the trip;

Condition for issuing to a tourist and (or) other customer purchasing from a tour operator the service of accommodation in a hotel or other accommodation facility, separately or as part of a tourism product, a document on booking and obtaining a place in a hotel or other accommodation facility (voucher) on the terms agreed with the tourist and (or) another customer in an agreement on the sale of a tourism product.

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

An agreement on the sale of a tourism product must contain information about the conclusion in favor of a tourist of a voluntary insurance agreement, the terms of which provide for the insurer’s obligation to pay and (or) reimburse the costs of medical care in emergency and urgent forms provided to the tourist in the territory of the country of temporary stay upon the occurrence of an insurance claim. case in connection with injury, poisoning, sudden acute illness or exacerbation of a chronic disease, including medical evacuation of a tourist in the country of temporary stay and from the country of temporary stay to the country of permanent residence (hereinafter referred to as emergency medical care in the country of temporary stay), and (or) the return of the body (remains) of a tourist from the country of temporary stay to the country of permanent residence (hereinafter referred to as the return of the body (remains) in accordance with the requirements of the legislation of the Russian Federation and the country of temporary stay, or information about the absence of a voluntary insurance contract.

Each party has the right to demand a change or termination of the contract for the sale of a tourism product due to a significant change in the circumstances from which the parties proceeded when concluding the contract.

Significant changes in circumstances include:

Deterioration of travel conditions specified in the contract;

Change of travel dates;
unexpected increase in transport tariffs;

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

Claims to the quality of the tourism product are made by the tourist and (or) other customer to the tour operator in writing within 20 days from the date of expiration of the contract and are subject to consideration within 10 days from the date of receipt of the claims.

When concluding an agreement on the sale of a tourist product in the field of outbound tourism, the tourist and (or) other customer must be informed in writing:

On the possibility of a tourist to apply for emergency assistance, indicating information about the association of tour operators in the field of outbound tourism and methods of contacting it (telephone numbers, faxes, e-mail addresses) and other information;
on the possibility of a tourist and (or) other customer to submit a written request for compensation for actual damage incurred by the tourist as a result of the tour operator’s failure to fulfill obligations under the contract for the sale of a tourism product, at the expense of the tour operator’s personal liability fund (in the case established by part ten of Article 11.6 of this Federal law).

Outbound tourism tourists and (or) other customers must be informed about the tourist’s ability to voluntarily insure risks associated with travel and not covered by the financial security of the tour operator’s liability, including in connection with the tour operator’s improper fulfillment of obligations under the contract for the sale of a tourism product.

If a tourist and (or) other customer concludes with one tour operator a separate contract for the provision of transportation services and a separate contract for the provision of accommodation services for the same person and for the same period, the services provided under such contracts are equivalent to services provided during the sale of a tourism product.

Article 10.1. Features of the sale of a tourism product by a travel agent

This article applies to relations arising between a tourist and (or) another customer and a travel agent selling a tourism product formed by a tour operator under an agreement on the sale of a tourism product. The provisions of Article 10 of this Federal Law apply to such relations, unless otherwise established by this article.

An agreement on the sale of a tourism product concluded between a tourist and (or) another customer and a travel agent, along with the essential conditions provided for in Article 10 of this Federal Law, must also contain the following essential conditions:

Full and abbreviated name, address, location of the travel agent;

Information that the person (performer) providing the tourist and (or) other customer with services included in the tourism product, under an agreement on the sale of the tourism product, is a tour operator, including information on methods of communication with the tour operator (telephone numbers, faxes, website address on the Internet information and communication network, email address);

Information that the travel agent is a performer and bears responsibility under the legislation of the Russian Federation under the contract for the sale of a tourism product in relation to the duties of the travel agent;

The obligation of the travel agent to transfer funds received from the tourist and (or) other customer to the tour operator, unless a different procedure for payment for the tourist product is provided for in the agreement between the travel agent and the tour operator;

The obligation of the travel agent to notify the tour operator that created the tourism product about concluding an agreement on the sale of the tourism product;

The obligation of the travel agent, in agreement with the tour operator that created the tourism product, of the travel conditions (including the consumer properties of the tourism product) based on the request of the tourist and (or) other customer addressed to the travel agent;

Information on the procedure and timing for a tourist and (or) other customer to file claims against a travel agent in the event of a violation by the travel agent of its obligations under the contract for the sale of a tourism product.

When a travel agent sells a tourism product, the travel agent provides the tourist and (or) other customer with a copy of the power of attorney issued by the tour operator to conclude, on behalf of the tour operator, agreements on the sale of the tourism product formed by him.

The travel agent bears responsibility under the legislation of the Russian Federation to the tourist and (or) other customer for non-fulfillment or improper fulfillment of his duties under the contract for the sale of a tourist product.

Alexander Bychkov, postgraduate student of the Department of Advocacy, Notary, Civil and Arbitration Procedure of the Russian State Technical University.

Tourist activities, organization of recreation and leisure are important components of public life and are aimed at implementing what is enshrined in Art. 37 of the Constitution of the Russian Federation, the right to rest. The quality of recreation directly depends on the terms of the contract for the sale of the tourism product.

What kind of product?

In accordance with Art. 1 of the Federal Law of November 24, 1996 N 132-FZ “On the Fundamentals of Tourism Activities in the Russian Federation”, a tourist product is a complex of transportation and accommodation services provided for a total price (regardless of the inclusion in the total price of the cost of excursion services and (or) other services) under an agreement on the sale of a tourism product.

Despite the fact that the tourism product consists of various services, in current legislation it is considered as a single integral object of civil circulation. Thus, according to clause 7 of the Rules for the provision of services for the sale of a tourism product (approved by Decree of the Government of the Russian Federation of July 18, 2007 N 452), information about a tourism product must necessarily contain information about its consumer properties (quality):

• stay program;
• route;
• travel conditions, including information about 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;
• availability of a tour guide (guide), guide-translator and instructor-guide;
• additional services.

Currently, the legal nature of the tourism product as an object of civil circulation is controversial in the legal literature. Some authors view it as a commodity<1>or as a right (guarantee) to services actually provided by other organizations that do not have direct contractual relations with the tourist<2>, some believe that the legal form of these relations is a contract for the provision of services for a fee<3>. Other authors note that “if a tour operator (travel agent) at a global (single) price sells the services of third parties, combined by him into a complex service (tourist product), then the object of civil law does not change and is not transformed into property (goods, property rights and etc.). A set of actions (activities), each of which is not aimed at the appearance of a material (tangible) result, cannot lead to the creation of a thing."<4>, and also classify the contract for the sale of a tourism product as a group of contracts for the provision of paid services.

<1>Tereshchenko A. About some shortcomings in the contractual relations of tourism companies with tourists // Tourist business. 1999. N 1.
<2>Economics of modern tourism. St. Petersburg, 1998; Sergeev V.I. Agreement on the provision of international tourist services // Law and Economics. 1998. N 4.
<3>Kabalkin A.Yu. Contract for paid services // Russian justice. 1998. N 3.
<4>Pisarevsky E.L. Once again about the legal nature of the contract for tourist services // Lawyer. 2000. N 8.

A tourism product as a set of services does not have a material result, but represents an activity or certain actions that are consumed in the process of their provision. A tour product is the right to a tour, to receive specific services intended for sale to tourists<5>. Consequently, the tourism product is not a commodity or a thing.

<5>Resolution of the FAS VSO dated 08/06/1999 N A33-2447/99-S3a-F02-1246/99-S1.

All or nothing

The definition of a tourist product as a set of services gives grounds to consider the contract for its implementation as a contract for the provision of services for a fee, since the subject of both the contract for the sale of a tourist product and the contract for the provision of services for a fee are services. At the same time, the tourism product also includes transportation services, and related relations are regulated by the rules of Chapter 40 of the Civil Code of the Russian Federation, to which the norms of Chapter 39 of the Civil Code of the Russian Federation on the paid provision of services are not subject to application due to the direct instructions of the law (clause 2 of Art. 779 of the Civil Code of the Russian Federation).

The combination in an agreement for the sale of a tourism product of elements of various civil contracts - paid provision of services and transportation, at first glance, may indicate its mixed nature.

The norms on the contracts included in it are applied to a mixed agreement in the relevant parts (clause 3 of Article 421 of the Civil Code of the Russian Federation). The consequence of the conclusion about the mixed nature of the contract for the sale of a tourism product may be the application to it, in addition to Law N 132-FZ, which is a special legal act, of the rules of Chapters 39 and 40 of the Civil Code of the Russian Federation in the relevant parts.

In particular, Art. 782 of the Civil Code of the Russian Federation establishes that the customer of services has the right to unilaterally refuse the contract at any time, subject to payment of the expenses actually incurred by the contractor. In an agreement for the sale of a tourism product, in contrast to an agreement for the provision of paid services, the tourist does not have the right to refuse one or more services included in the tourism product, since they together form an integral object of civil circulation.

Rospotrebnadzor, in a letter dated August 31, 2007 N 0100/8935-07-32, confirmed that a tourism product, defined as a complex service ready (offered) for sale, does not provide for the possibility of refusing one or more of its component services at the will of the consumer and the possibility of reducing contract prices except in cases provided for by law, including due to poor quality of services provided.

The plaintiff, not wanting to use the three meals a day service, demanded to review the cost of the tour package. Having received a negative answer, he abandoned the tourism product entirely and filed a claim in court for damages. The court did not satisfy his demands, noting that a tourist product (cruise on a motor ship), defined as a complex service offered for sale, does not provide for the possibility of refusing one or more of its component services (food services and excursion services) at the will of the consumer and reducing contract prices (Determination of the St. Petersburg City Court dated March 16, 2011 N 3611).

The contract for the sale of a tourism product specifies the conditions for its amendment and termination. According to Art. 10 of Law N 132-FZ, a contract for the sale of a tourism product can be changed or terminated at the initiative of any of its parties if there is a significant change in circumstances:

• deterioration of travel conditions specified in the contract and tourist voucher;
• change in travel dates;
• unexpected increase in transport tariffs;
• impossibility for a tourist to travel due to circumstances beyond his control (tourist illness, refusal to issue a visa and other circumstances).

The Law does not provide any other grounds for change or termination.

In the contract, the parties have the right to provide for the tourist’s right to unilaterally refuse it in accordance with clause 3 of Art. 450 Civil Code of the Russian Federation. The tour operator does not have a similar right, since such a condition would violate the rights of the tourist as a consumer and infringe on his rights defined by law. By virtue of Art. 168 of the Civil Code of the Russian Federation and Art. 10 of the Federal Law "On the Protection of Consumer Rights" dated 02/07/1992 N 2300-1, such conditions are invalid. In addition, Art. 780 of the Civil Code of the Russian Federation establishes that, as a general rule, the contractor must provide services personally, while from the essence of the contract for the sale of a tourist product, something completely different follows.

Thus, an agreement for the sale of a tourism product is subject to different rules of legal regulation than an agreement for the provision of paid services. Nor is it mixed. A mixed contract should be distinguished from contracts that contain a set of obligations and, based on external formal characteristics, can be classified as one or another contract enshrined in civil law. The latter are named in the law, have certain legal regulation and represent independent contractual types (types).

For example, a lease agreement for a vehicle with a crew, in addition to the rental obligation, includes an obligation to provide services related to the provision of a crew. “In a single complex obligation of a transport expedition (clause 1 of Article 801 of the Civil Code of the Russian Federation), one can find elements of simple obligations of assignment and storage, which does not lead to its recognition as a variety or set of these obligations”<6>. The difference between this agreement and a mixed one is that it is specifically named in the Civil Code of the Russian Federation and has appropriate legal regulation. Consequently, it is possible to be guided by the rules on the provision of paid services in relation to a rental agreement for a vehicle with a crew only by analogy<7>.

<6>Civil law. Volume III. Law of Obligations / Ed. E.A. Sukhanova M., 2006.
<7>Civil law: Textbook / Ed. A.P. Sergeeva, Yu.K. Tolstoy. Part 2. M., 1997.

Types of contracts are not limited only to those provided for in the Civil Code of the Russian Federation; they may also be contained in other laws and legal acts, since civil legislation consists of the Civil Code of the Russian Federation and other federal laws adopted in accordance with it, regulating property and personal non-property relations based on equality, autonomy of will and property independence of participants (Articles 2 and 3 of the Civil Code of the Russian Federation).

Thus, an agreement for the sale of a tourism product is an independent civil law agreement provided for by Law No. 132-FZ. When concluding this agreement, the provisions of this Law, as well as the general provisions on obligations and contracts, must be applied.

The tourism product, as an object of legal regulation, is highlighted in Chapter. IV Law on Tourism Activities. The title of this chapter indicates the main stages of regulation: formation, promotion and implementation.

For the stages of formation and promotion of a tourism product, the possibility of concluding a preliminary agreement is provided. In accordance with Art. 429 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.

The stage of sales of a tourism product is regulated in more detail, where the application of special rules of contractual regulation is provided.

It has been established that the sale of a tourism product is carried out on the basis of an agreement, the conclusion of which must be in writing (Article 10 of the Law on Tourism Activities), i.e. Notarization of such a transaction is not required. Failure to comply with a simple written form when concluding contracts for the sale of a tourism product can significantly weaken the position of a travel agency in court. In addition, the state body for control and supervision in the field of consumer rights protection, which is the Ministry of Culture of the Russian Federation, Rospotrebnadzor, and prosecutors, may see the absence of a written agreement as a violation of the consumer’s right to information, which implies an administrative offense.

The legislator distinguishes a number of cases of concluding an agreement on the sale of a tourism product:

• an agreement on the sale of a tourism product with a consumer, which the tour operator concludes on its own behalf;
• an agreement on the sale of a tourism product concluded with the consumer on behalf of the tour operator;
• an agreement on the sale of a tourism product with a consumer, concluded by a travel agent acting on the basis of an agreement with the tour operator that created the tourism product. In this case, the travel agent concluding an agreement with the consumer on the sale of a tourist product acts on his own behalf, but on behalf of and at the expense of the tour operator;
• an agreement on the sale of a tourism product can also be concluded in favor of a third party, which follows from Art. 430 Civil Code of the Russian Federation.

In the case when an agreement for the provision of tourist services for a fee is concluded, the executors of the tourist’s order are tour operators, who for this purpose create a tourist product for organizing the trip, selecting and including in the contract as independent conditions the provision of services by carriers, owners of hotels and display objects, guides. translators, etc. The terms of the contract for the sale of a tourist product in this case are formed on the basis of the norms of Art. 10 of the Law on Tourism Activities and the rules contained in Chapter. 39 of the Civil Code of the Russian Federation.

In another way, this agreement is also called “agreement for the provision of tourist services”, “agreement for tourist services” or “agreement between a tourist and a travel agency”.

Under an agreement on the sale of a tourism product, the contractor (tourist or tour operator) undertakes, on the instructions of the customer (tourist or other customer), to provide tourism services, and the customer undertakes to pay for these services.

This agreement is consensual, mutual, compensated. The peculiarity of such an agreement is also that it must comply with consumer protection legislation. All conditions that must be specified in the contract with the tourist (essential conditions) are listed in Art. 10 and 10.1 of the Law on Tourism Activities.

In accordance with Part 2 of Art. 10 of the industry law, the essential terms of the contract for the sale of a tourism product include: full and abbreviated names, 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's 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 tourism product; total price of the tourist product in rubles; information about the consumer properties of the tourism 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, the availability of a tour guide (guide), guide-translator, instructor-guide, as well as additional services; rights, duties and responsibilities of the parties; conditions for changing and terminating the contract; information about 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.

The law distinguishes a special case of the sale of a tourism product by a travel agent (Article 10.1 of the Law on Tourism Activities), when no contractual relationship arises between the tourist and the tour operator. In particular, this applies to the relationship that arises between a tourist, another customer and a travel agent who, on his own behalf, sells a tourist product generated by a tour operator under an agreement on the sale of a tourist product. An agreement on the sale of a tourism product, concluded between a tourist and (or) another customer and a travel agent, along with the conditions provided for in Art. 10 of the Law on Tourism Activities, must also include the conditions provided for in Art. 10.1 of this law. If a travel agent acts in relations with a tourist on his own behalf, then the agreement must also contain, in accordance with Parts 2 and 3 of Art. 10.1 the following data: full and abbreviated name, address (location) and postal address of the travel agent; information that the person (performer) providing the tourist with services under the contract for the sale of a tourism product is a tour operator; information about the possibility of a tourist to apply with a written request for the payment of insurance compensation under the tour operator’s liability insurance contract or for the payment of a sum of money but a bank guarantee directly to the organization that provided the tour operator with financial security. The contract must also contain an indication of the methods of communication with the tour operator (telephone numbers, fax numbers, website address on the Internet, email address and other information).

Previously, an integral part of the contract for the sale of a tourism product, according to Part 4 of Art. 10 of the Law on Tourism Activities was also a tourist voucher, which was issued on a special form and confirmed the fact of payment and transfer of the tourist product. Currently, information about a tourist voucher is excluded from the law, although in practice it is still used as a document of strict accountability in the event that the company does not use cash register equipment in its activities, provided for by Decree of the Government of the Russian Federation of May 6, 2008 No. 359 “On the procedure for making cash payments and (or) settlements using payment cards without the use of cash register equipment.” When concluding an agreement, it is important for a travel agency to protect itself as much as possible from possible claims from tourists. Therefore, it is important to document all preparations for the tour in writing. For example, when concluding a contract, it is important for a tourist to provide information about the country and the peculiarities of visiting it, since by law the consumer must have complete information about the service provided to him. Such information can be issued in the form of a memo and be an appendix to the contract.

The peculiarities of concluding contracts for the sale of tourism services are expressed in a number of circumstances on which the formation of its conditions depends. Preparing for a trip requires the tourist, often long before concluding a contract, to plan a number of activities, among which the choice of a tour operator (travel agent) is of decisive importance. Here the tourist must express his intention to order a service and express it to a specific travel organization, which makes the tourist a consumer according to the definition of this concept in the Law of the Russian Federation of February 7, 1992 No. 2300-1 “On the protection of consumer morals.”

An informed and correct choice of a travel agency to which a tourist will entrust the organization of his vacation is based on the information it provides. Taking into account this particular circumstance, in most cases, contracts for tourist services are of the same type as public contracts. In offers to consumers to join such an agreement, the rights of tourists established by law must be observed.

One of the fundamental rights of a tourist is the right to quality tourism services, which must comply with established requirements (Article 4 of the Law of the Russian Federation “On the Protection of Consumer Rights” and Article 469 of the Civil Code of the Russian Federation), which first of all means safety of tourism products for his life, health, property (Article 7 of the Law of the Russian Federation “On Protection of Consumer Rights”). The security of the service provided includes ensuring the safety of the consumer's property. Throughout the trip, the travel agency is obliged to ensure the safety of the tourist’s property. Every hotel, regardless of its category, must have a lock with an internal safety lock; services such as storage of valuables in the administration safe and luggage storage.

The consumer’s right to the safety of tourist services is inextricably linked right to information since in many cases the safety of a tourist depends on the information that the travel agency provides him when concluding a contract. The so-called other risk factors in tourism include dangers associated with the lack of necessary information about the service and its nominal characteristics.

Thus, the choice of a tour operator (travel agent) is, in turn, determined by the information provided to the tourist, on the basis of which an objective assessment can be given of such an important consumer quality of a travel service as safety.

The tourist also, before concluding an agreement with him, has the right to demand the provision of necessary and reliable information about the contractor, his mode of operation and the services he sells (Article 8 of the Law of the Russian Federation “On the Protection of Consumer Rights”).

Necessary information means, first of all, mandatory information. Such information must be brought to the consumer’s attention in Russian in a clear and accessible form: about the contractor’s business name, its location (legal address) and operating hours; about the number of the tour operator’s certificate and making the corresponding entry in the Unified Federal Register of Tour Operators, its validity period, as well as about the authority that issued such a certificate; about the price, conditions for purchasing services, rules for effective and safe use of the service. This information must be included in the documents offered to the tourist (contract, tourist voucher, information leaflet) and distributed through advertising.

When traveling, a tourist is obliged to comply with the legislation of the country (place) of temporary stay, respect its social structure, customs, traditions, religious beliefs, comply with the rules of entry into the country (place) of temporary stay, exit from the country (place) of temporary stay and stay there, as well as in countries of transit, which involves receiving relevant necessary and reliable information from the travel agency.

The tourist can also be informed that most often subsequent disputes are related precisely to the inadequate quality of the services provided to the tourist and unreliable information about them, for example, accommodation in accommodation facilities that do not comply with the terms of the contract, the provision of unreliable information about accommodation facilities. In such cases, tourists make fair demands for a reduction in the price of the service provided or for the return of the entire amount paid for the tourist voucher; on reimbursement of expenses for eliminating service deficiencies by third parties; repeated provision of services free of charge.

A consumer to whom a service was provided with deficiencies should know that he has the right, at his own discretion, to demand that they be eliminated free of charge. However, upon returning from a trip, most often such a requirement no longer makes sense. Nevertheless, the tourist must understand that in this case the requirement to reimburse the costs of eliminating the defects of the service by third parties remains valid. For example, there are often cases when, when a tourist checks into a hotel of a category lower than that provided for in the contract, the citizen pays at his own expense for a hotel corresponding to the category agreed upon with the travel agency, and upon returning from the trip demands reimbursement of these expenses. In order to exercise this right, a tourist must have sufficient funds or agree to deterioration of living conditions, a decrease in the quality of rest, and endure moral suffering, the presence of which allows one to demand compensation for moral damage upon return.

The peculiarity of the law’s requirement for repeated gratuitous provision of services is that such a requirement is practically not made by tourists, as it loses its practical meaning. On the contrary, it is reasonable and fair for a tourist to demand a reduction in the price of a service, for example, if a service is provided that is cheaper than what should have been provided. The tourist also has the right to demand termination of the contract for the provision of services (if there are significant deficiencies in the service or other significant deviations from the terms of the contract, or if the contractor violates the deadlines for satisfying the requirement to eliminate the defects of the service free of charge). Such demands are made by tourists after returning from a trip, despite their use of the entire range of services provided.

Taking into account the above, the travel agency’s information may contain information about the preservation of documents necessary to consider and satisfy justified claims of tourists in pre-trial proceedings.

It is also important, even before concluding a contract, to convey to the tourist information about his specific responsibilities that are associated with its conclusion, and then with his stay in the country (place) of temporary stay, entry and exit from this country (Article 14 of the Law on Tourism Activities). Thus, before concluding an agreement, tourists (excursionists) intending to travel to a country (place) of temporary stay, in which they may be exposed to an increased risk of infectious diseases, are required to undergo preventive measures in accordance with international medical requirements. In accordance with Art. 432 of the Civil Code of the Russian Federation, this duty of the tourist should be considered as a necessary condition of the contract. A travel agency that provides a service without confirming, in the established manner, that the tourist has fulfilled this obligation, is not liable to the tourist for the damage caused, since it arose through the fault of the tourist himself, who failed to fulfill his obligation provided by law. The tourist must be informed in advance about his obligation during the trip to comply with the legislation of the country (place) of temporary stay, to respect its social structure, customs, traditions, and religious beliefs; preserve the environment, take care of natural, historical and cultural monuments in the country (place) of temporary stay; comply with the rules of entry into the country (place) of temporary stay, exit from the country (place) of temporary stay and stay there, as well as in countries of transit; Follow personal safety rules while traveling. The tourist may become liable to the country of temporary stay and Russia in cases and in the manner provided for by the legislation of the country for relevant violations. An important duty of a tourist, named in the law, is the obligation to comply with personal safety rules during travel. Violation by a tourist of personal safety rules, about which he was duly informed by the contractor, in accordance with clause 5 of Art. 14 of the Law “On Protection of Consumer Rights” exempts the service provider from liability for harm caused to the life or health of a tourist as a result. Similar consequences will occur if a tourist violates the rules for storing and transporting his property during a trip.

The procedure for concluding execution, changing and terminating this agreement is detailed in the norms of the independent section IV of the Rules for the provision of services and the sale of a tourist product.

This provides for the essential terms of the contract, on which the parties must reach an agreement in writing. These include the 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's 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.

It is also possible to reach an agreement on other terms of the contract on 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).

It is prohibited to include in an agreement on the sale of a tourism product conditions that infringe on consumer rights in comparison with the conditions established by federal laws, these Rules and other regulatory legal acts of the Russian Federation governing relations in the field of consumer rights protection.

The specifics of the formation of the essential terms of the contract for the sale of a tourism product concluded between a travel agent and a consumer have been established, which, along with the specified conditions provided for in paragraph 13 of these Rules, must meet additional requirements. Such requirements include the 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 tourism product is a tour operator, as well as methods of communication with the tour operator (telephone numbers, fax numbers, website address on the Internet, email address); information about the consumer’s capabilities in the event of the circumstances specified in Art. 17.4 of the Federal Law “On the Fundamentals of Tourism Activities in the Russian Federation”, submit a written request for payment of insurance compensation under a tour operator’s liability insurance agreement or for payment of a sum of money under a bank guarantee directly to the organization that provided financial security to the tour operator.

The main obligation of the consumer under the concluded agreement is to pay the total price of the tourism product in the manner and within the time limits established in the agreement on 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.

The main obligation of the contractor is 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. In the case when the contractor, when concluding an agreement on the sale of a tourism product, 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.

• See: Decree of the Government of the Russian Federation of July 18, 2007 No. 452 (as amended on November 7, 2015) “On approval of the Rules for the provision of services for the sale of tourism products” // Collection of legislation of the Russian Federation. 07/23/2007. No. 30.Art. 3942.
• Decree of the Government of the Russian Federation of May 6, 2008 No. 359 (as amended on April 15, 2014) “On the procedure for making cash payments and (or) settlements using payment cards without the use of cash register equipment” // Collection of legislation of the Russian Federation. 05/12/2008. No. 19. Art. 2191.

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's 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 agreement 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.