The draft law adopted in the second reading, amending the law on the fundamentals of tourist activity in the Russian Federation, contains many innovations. It is unclear whether tour operators will have to adapt to the new rules urgently, in February-March 2016, in order to get into the unified register of Rostourism.
On December 23, the State Duma adopted in the second reading amendments to the law on the fundamentals of tourist activity. The document, which should have been adopted last year, has been repeatedly revised. The latest version, which was recently adopted in the second reading, is as close as possible to the document recently discussed on the Regulation disclosure portal. ov.
According to information available to ATOR Vestnik, the draft law will be adopted in the third reading early next year. Head of the ATOR Legal Service Nadezhda Efremova explained that the third reading is the procedure for the final adoption of the bill as law. The amendments are no longer considered at this stage. True, at the request of the majority of deputies, the bill can be returned to the reading stage. Further, the procedure involves the approval of the project by the Federation Council. The Duma must deliver the document within five days. In cases where a federal law adopted by the State Duma is not subject to mandatory consideration by the Federation Council, and if it has not been considered by the Federation Council within 14 days, then within five days this federal law is sent by the Duma to the President of the Russian Federation for signing and promulgation.
Thus, the process can still be lengthy. And this fact is important, given that most tour operators need to renew their membership in the unified register of tour operators in March next year. The adoption of the law on the eve of or immediately after this moment can cause a lot of problems for Russian travel companies.
The bill introduces several new definitions. For example, "children's tourism" is the tourism of an organized group of underage tourists accompanied by a leader who is responsible for their legal representative. There was a definition of "navigation and orientation system in the field of tourism", as well as "tourist information center". TIC, according to the project, should inform individuals about tourism resources and objects of the tourism industry, as well as the promotion of tourism products in the domestic and world tourism markets.
One of the most important parts of the bill is devoted to the delineation of powers of the authorities in the field of tourism. Now there is no clear gradation. Federal authorities, in particular, establish the procedure for the provision of services for the sale of a tourist product. Most of the powers relate to "Tourist assistance" and new funds of responsibility of tour operators:
• establishment of the procedure and conditions for the provision of emergency assistance to tourists; • establishment of the procedure and conditions for financing the costs of providing emergency assistance to tourists from the reserve fund of the association of tour operators in the field of outbound tourism (hereinafter also referred to as the reserve fund); • Establishing requirements for the selection criteria for credit institutions, in which it is allowed to place funds from the reserve fund, personal liability funds of tour operators in the field of outbound tourism (hereinafter also referred to as the personal liability fund of the tour operator)
Amendments to the law on the foundations of tourist activity in the Russian Federation dated 01. 4. 020 were introduced on the basis of article 3 of the federal law dated 01. 4. 020 N 98-FZ "On amendments to certain legislative acts of the Russian Federation on the prevention and elimination of emergency situations ".
01. 4.020 came into force a law on amending a number of legislative acts, including the law on the fundamentals of tourist activity in the Russian Federation from 01.4020.
One article has been supplemented - Art. eleven. . , the second was added in its entirety - article 11. (it was not there before).
p. 1 tbsp. 11. was supplemented by the following proposal: The specifics of the formation and use of the personal liability fund of the tour operator in the event of restriction of the entry of tourists into the country (place) of temporary stay are established by Article 11. of this Federal Law.
There is no fundamental change in this article, the amended text is a referential norm, which introduces a new article 11., it was not previously in the law.
Article 11. of the law, as amended as follows
Title: Article 11.. Features of the formation and use of the personal liability fund of the tour operator in case of restriction of the entry of tourists into the country (place) of temporary stay
If a foreign state decides to restrict the entry of tourists into the country (place) of temporary stay or the occurrence of circumstances indicating the emergence of a threat to the safety of their life and health in the country (place) of temporary stay of tourists, as well as the danger of causing damage to their property specified in Article 14 of this Federal Law, the Government of the Russian Federation may decide to return to tourists and (or) other customers the sums paid by them for the tourist product from the funds of the personal liability fund of the tour operator. In this case, if the Government of the Russian Federation makes such a decision upon termination of the agreement on the sale of a tourist product before the start of the trip, the tourist and (or) other customer is refunded a sum equal to the total price of the tourist product, and after the start of the trip - a part of the indicated total price in an amount proportional to the cost of services not provided to the tourist.
In the event that the Government of the Russian Federation makes a decision specified in part one of this article, before the maximum size of the tour operator's personal liability fund is reached, the funds of the tour operator's personal liability fund are spent by the association of tour operators in the field of outbound tourism to return to tourists and ( or) other customers of the sums paid by them for the tourist product.
With the onset of the new year, some industries are radically changing, including the 2020 law on tourism. Travel companies will receive new requirements, which will be somewhat tougher than they were. But with all this, the rights of the tourists themselves will be protected at the proper level.
The tourism industry has been unable to flourish and develop over the past 2-3 years. This was influenced by the emerging crisis in the country, which caused a decrease in tourists in all directions for recreation. Much was influenced by the established prohibitions on certain tourist destinations. Now there are restrictions on travel to some countries of the world, to resorts. To a greater extent, this is due to the political orientation, and not from the vacationers themselves.
It should be noted that not all travel companies and firms were able to confidently play in the market. The lives of certain of them were shortened, and they slowed down to a minimum. They did everything in order to reduce their costs, but at the same time please customers. But still, it was often the rights of tourists that were violated almost constantly.
To this end, in order to protect consumer rights, the government of the country has begun to implement a reform that directly relates to activities in the field of tourism.
The State Register of Travel Agencies began to appear back in 2019 at the initiative of the President of the country. This was done so that fly-by-night firms began to leave the market completely, deceiving ordinary citizens and creating a bad opinion about such firms in general. If any company is not in the register with which the tourist decided to conclude an agreement, then it is best to refuse it altogether, since there is a high probability of fraud. You need to cooperate with those who are proven and who allow you to make a career on positive reviews.
The Turpomosch Association began to function fully in March 2020. At the moment, every travel company must be on the register list. If this is not the case, it will be impossible to sell tours for tourists. Firms must confirm the fact of concluded contracts with operators, be included in the list of companies in the register.
The company may be excluded from the register altogether. Here, the reason may be a notification from the operator himself that there was a break in any contractual relationship with the company that was the agent.
According to the new legislation in the field of tourism from 2020, the agency includes only those who carry out the sale of vouchers, as well as those who work for the size of the commission from the travel operator. At the same time, they act on his behalf or on behalf of him. At the moment, this will significantly reduce the number of agencies throughout the country, which previously numbered more than forty thousand. They were not legally controlled in any way.
It is worth noting that such drastic measures are aimed more at the recreation of citizens outside the country. But still, the number of people wishing to spend their holidays at Russian resorts is currently increasing. For this reason, the law will be slightly corrected and changed so that the rights of tourists are protected at all levels and in full.