"Black Wednesday" - the upcoming February 1 - the day when officials, guided by the new law on tourism, "clean up" the outbound tourism market, is inevitably approaching. On this day, according to experts, the number of tour operators will decrease by at least 40% - many simply do not will be able to pull the huge financial burden that has been imposed on them new law. In this case, the victims, first of all, will be small and medium-sized tour operators, mainly from the regions, as well as their tourist clients. A large tourist industry has already found workarounds on how not to pay the money required by law. At the same time, it was revealed that the declared goal of the new law - to strengthen the protection of tourists, was completely emasculated by officials: the protection of tourists has now become at least 3 times lower (and under certain conditions, even 10 times lower) than it was before the new year! The exact authorship of this absurd law is kept secret, although it is known that it came from the bowels of the Federal Tourism Agency and the Ministry of Culture. In this regard, a logical question arises about the competence of officials of these departments ...

A little background...

To begin with, let us once again recall all the expenses that tour operators must carve out from their “giant” profits, which, as you know, do not exceed 3% of turnover. First of all, according to the new law, until January 31, 2017, all outbound tourism tour operators must pay contributions to the personal responsibility fund at Tourist Assistance. The amount of contributions is 7% of the total price of the tour product (turnover) of the tour operator for the previous year. Of course, you can pay all 7% at once, withdrawing from circulation and freezing a colossal amount, or you can stretch this “pleasure” for 7 years, paying 1% every year. Moreover, given that the annual tax report is prepared only by April, which means that accurate data for last year tour operators do not yet have turnover, the legislator allowed them to stretch payments to the personal responsibility fund: until January 31, an entrance fee of 100 thousand rubles must be paid, and then, as accounting reports are received in April, if necessary, pay more in accordance with balance indicators. The only consolation for these payments is that the money from the personal liability fund is repayable, i.e. when the tour operator leaves the outbound tourism market, he takes them back to his current account.

In addition to the new “tax” in the form of payments to a personal fund, officials of the Ministry of Culture left in place the long-obsolete institution of financial guarantees, even despite the protests of both tour operators and the insurers themselves who do not want to engage in this type of activity. Thus, until January 31, tour operators will also have to buy financial guarantee insurance. True, for those tour operators who have completely filled the personal fund (bringing it to 7% of turnover), insurance will no longer be needed. Reduced officials and minimum size insurance from 30 to 10 million rubles.

Well, do not forget about the "tax" in the form of payment in reserve fund Tourist Assistance (previously called a compensation fund for emergency evacuation of tourists). Until the end of January, you need to pay: 1) 50 thousand rubles for tour operators, whose number of tourists did not exceed 10 thousand last year, and the cash turnover did not exceed 40 million rubles, 2) 100 thousand rubles each - for tour operators with a turnover of tourists up to 100 thousand people, 3) 300 thousand rubles each - for tour operators with a turnover of 100 to 500 thousand tourists per year, 4) 500 thousand rubles each for tour operators with a tourist flow of more than 500 thousand tourists.

Tax on the right to be a tour operator to clean up the market

Now let's calculate how much the "tax on the right to be a tour operator" for small companies has increased after the entry into force of the new law. So, earlier the minimum payments of the tour operator were: 1) financial guarantees for 30 million rubles, which can be bought on average for a year for about 300-350 thousand; 2) an annual payment to the Tourist Assistance reserve fund in the amount of 100 thousand. As a result, the annual financial burden of a company with a tourist flow of up to 10 thousand people a year was in the range of 400-450 thousand rubles.

According to the new law, once a year, a small tour operator will have to fork out for: 1) financial guarantees for 10 million rubles, which can be bought somewhere for 120-150 thousand; 2) contribution to the reserve fund in the amount of 50 thousand; 3) contribution to the personal liability fund in the amount of 1% of the turnover. With a turnover of 40 million rubles (and this is a very small turnover for an outbound tour operator, because the average price of a ticket per person is no less than 40 thousand rubles, which means that such a cash flow means sending only 1 thousand tourists a year), this fund should be frozen about 400 thousand. In total, the “tax on the status of a tour operator” draws in the amount of about 600 thousand per year.

As a result, the financial burden on small tour operators increased by about one and a half times. True, if we consider these payments not momentarily, but taking into account the planning horizon of 7 years, then due to the finiteness of the size of the personal fund of 7% of turnover, payments under the new law will turn out to be more profitable, as it were, because a personal fund, unlike insurance on financial guarantees returnable - upon termination of activity, the tour operator takes all this money back. However, 7 years for the Russian economy in general and for the tourism industry in particular is an unrealistically long period: during this time, either the donkey will die, or the padishah. And it’s even scary to even assume about the real value of frozen money in 7 years - inflation and a falling exchange rate will turn them into nothing, which means that such a long horizon can be taken into account, unequivocally stating that the new law increased the “tax on tour operator status” by about 1.5 times .

Is it bad or good? The answer is unequivocal - terrible, because this significantly reduces the competitive environment, especially in the regions, niche tour operators leave the market, but the remaining major players, according to the laws of monopoly, will sharply raise their prices at the first opportunity.

How protection of tourists turned out to be a sham

Next, it is worth considering the issue of the protection of tourists in the new law, which is why all these changes in it were started by officials. As it turned out, things are even worse with this issue. So, earlier, a small tour operator had a minimum financial guarantee in the amount of 30 million rubles, and was also a member of the Tourist Assistance fund for emergency evacuation of tourists. The background of emergency evacuation has not gone away - this is good, because. he proved his worth in 2014. However, the size of the fingarani has now been reduced to 10 million, although protection through the personal liability fund (performs almost the same functions as the fingarani) has been added to it - approximately 400 thousand rubles or even less, depending on the declared turnover. And if the tour operator contributes all 7% of the turnover, i.e. 2.8 million, then he will not need to receive financial guarantees at all.

As a result, we get that the amount of monetary protection for tourists has fallen from 30 million to 10 million 400 thousand, i.e. almost 3 times, and with the full filling of the personal fund, its size decreased by 2.8 million, i.e. almost 10 times (!!!) - a complete profanation of the President's order! Moreover, financial guarantees partially protect tourists not only in case of bankruptcy of tour operators, but also if they fail to fulfill the terms of the contract, while a personal fund can be used exclusively as a “testament” - only in case of bankruptcy of the company.

How Tour Operators Avoid Extortionate Payments

But that's not all! As it turned out, major tour operators they do not at all intend to withdraw the real 1% of the turnover from their finances: due to an error or deliberate inaccuracy on the part of officials who equated the minimum tourist flow of 10 thousand people to the cash turnover of 40 million rubles as a criterion for a small tour operator, almost all large companies by the new year, divided into 15-20 legal entities that meet the criterion of 10,000 tourists a year. “The criterion here is simple: if 1% of the turnover is significantly more than the price of insurance for financial guarantees, then such a division of the legal entity makes sense. As a result, medium-sized tour operators and larger ones with a real annual turnover of 400 million or more went down the path of fragmentation, ”an expert who took part in the discussion of the new law explained to the correspondent of the TURPROM infogroup.

Photo site Turprom.Ru

Illustration: inkrasnogorsk.ru

The recent decision to remove the management of Russian tourism from the jurisdiction of the Ministry of Culture of the Russian Federation and transfer it under the control of the Ministry of Economic Development is connected, according to industry participants, with the need to more actively develop the regulatory framework, which still lags behind a number of leaders in the global hospitality market. But the general trend - tourism regularly moves from one department to another - rather indicates that the state still has no long-term vision for this industry. Until recently, the lack of strategy was compensated by mega projects like the Sochi Olympics or the World Cup, but now the market will have to develop under severe structural constraints. Falling consumer incomes, rising costs of travel service providers, a significant share of the shadow sector, high risks of travel organizing companies, high administrative barriers - these are the current unpleasant realities of Russian tourism.

The current law on tourism is outdated and no longer corresponds to modern realities and economic goals countries, said a few days ago in an interview with RIA Novosti, the head of the Federal Agency for Tourism (Rostourism) Oleg Safonov. The main emphasis in the new law, in his opinion, should be placed on domestic tourism, while the current document, adopted in the mid-nineties, is focused primarily on outbound tourist flow. In addition, the new tourism law should bring together various regulations governing the market and help bring a number of areas of the hospitality industry, including the hotel sector, out of the shadows.

This speech by Oleg Safonov became his first policy statement after Rostourism was transferred from the Ministry of Culture to the Ministry of Culture in mid-September. economic development. “Being a federal ministry that develops and implements economic policy in a number of areas, the Ministry of Economic Development of Russia has a wide range of functions that allow developing systems approach to the development of the tourism industry. The department proposes to form new strategy development of tourism in the Russian Federation for the period up to 2035, which will determine the target model tourist market. As part of this strategy, it is planned to develop a system of tourism products, increase the level of services provided in the country, and also remove barriers that limit demand and impede domestic and inbound tourism,” the ministry commented on this decision in an official statement. Maxim Oreshkin.

The current transfer of tourism from one ministry to another is not the first such decision. The Ministry of Culture began to deal with this area only in 2012 - after the government was formed Dmitry Medvedev, and before that, tourism was under the jurisdiction of the Ministry of Sports, headed by Vitaly Mutko, which from 2008 to 2012, when the Cabinet of Ministers headed Vladimir Putin, was called the Ministry of Sports, Tourism and Youth Policy of the Russian Federation. Previously, Rostourism, formed in November 2004 by presidential decree, was directly subordinate to the government for several years, and before that, for several months, the Federal Agency for physical education, Sports and Tourism (Rossport) was part of the structure of the Ministry of Health and social development. In order not to delve into a very distant history, we note that regular reorganizations of tourism management have taken place before.

“All market participants have long been accustomed to the fact that tourism is constantly moving from department to department,” comments a member of the Alliance Presidium for EADaily travel agencies, head of the network of travel agencies "Pink Elephant" Alexan Mkrtchyan. - We understand that the transfer of tourism to the Ministry of Economic Development is not the last such decision, and, unfortunately, in many respects this is an indicator of the attitude towards the industry. Its players have an understanding that tourism needs a separate ministry, but within the framework of a policy to reduce the bureaucracy and government spending, one cannot count on this. Therefore, from the transition to the Ministry of Economic Development, no one expects any fundamental changes, either for good or for bad. But it will take a year and a half to adapt to new conditions - and we are only used to working with the Ministry of Culture. Right tomorrow active work will not start with the Ministry of Economic Development - first you need to at least get to know each other.” As for the Rostourism initiative to adopt a new law, it, according to Mkrtchyan, is a logical reaction to latest trends market: the existing law is indeed more focused on outbound tourism and in a situation where the main focus is shifting to domestic tourism, it is really outdated. But there are no specific proposals on the content of the new law from the authorities yet, the expert clarifies.

“Professionals in the field of tourism are persistent and hardened people, therefore they perceive such changes stoically,” adds the head of the Knowledge Society of Russia, CEO Sochi sanatorium "Knowledge" Dmitry Bogdanov. - But there are still certain hopes in connection with the transfer of tourism to the Ministry of Economic Development. There are a lot of regulatory issues that need to be addressed. Level state regulation in the field of tourism, unfortunately, it lags far behind our most active competitors. Many people think that Rostourism should decide these issues, but in reality it is at the ministerial level, since it is the ministries that are responsible for the development of legislative acts. Rostourism with a new law on tourism will not be able to enter the State Duma, but the Ministry of Economic Development will be able to. For the same few years that tourism was under the jurisdiction of the Ministry of Culture, normative base Unfortunately, not much progress has been made.

Over the past years, the main industry document, in addition to the framework law, has been the federal target program"Development of domestic and inbound tourism in the Russian Federation", which was first adopted immediately for seven years with a total volume of about 141 billion rubles (including 100 billion rubles of investors' funds), and in May of this year was approved again for the same period. In the updated version of the document, the main problems of domestic tourism are the difficulties of an infrastructural nature. The lack of engineering and transport facilities acts as an obstacle to attracting private investment in the tourism sector, and this, in turn, leads to a lag in the level of development of tourism infrastructure from the interest of tourists themselves. In addition, problems such as the lack of long-term credit instruments available to investors, insufficient quality of service in all sectors of the tourism industry due to a lack of professional personnel, insufficient promotion of Russia as an attractive destination for tourists are identified.

Meanwhile, market participants pay attention to other problems. "The professional community believes that best solution to stimulate inbound tourism would be the abolition of tourist visas to Russia, as Belarus did - a country much more closed in other respects than Russia. If we talk about the internal tourist flow, then it is necessary to stimulate in every possible way - perhaps with the help of policy measures - the development of the "all inclusive" system in recreational areas. This is relevant in connection with the continuing decline in the incomes of the population, and if people understand that they will not have to spend any additional expenses on vacation, this may increase demand in the mass segment,” says Alexan Mkrtchyan.

Serious problems in the travel market at the level of demand confirm recent research. According to a Levada Center survey conducted after the holiday season, only a quarter of respondents this summer could afford to travel (including those who went to visit relatives and friends). 18% of the respondents could not go anywhere due to lack of money, the same number devoted their summer vacation to household chores, another 20% did not go on vacation at all in the summer, and 24% rested in the country. Although from the point of view of officials, the tourist flow is growing. In the Krasnodar Territory, for example, according to its administration, by the end of the summer more than 13.3 million people had a rest - 3% more than last year, and in the Crimea over 6 million people had a rest in nine months, or almost 30% more than in the same period. period of 2017.

However, these figures are sly: they cannot be used to judge either the duration of the rest, or how much money people leave at the resorts - if they are taken on faith at all. It should not be forgotten that there can be no talk in principle of any accurate calculations in the private sector of accommodation, which in the same Crimea significantly exceeds the legal one. Meanwhile, there has been no particular progress in counting tourists in recent years - the authorities habitually carry out the “plan for the shaft”. Meanwhile, the notorious "grandmothers" have long been registered in international systems online bookings that are not controlled at all in Russian jurisdiction. “Issues related to the penetration of systems led by Booking.com into Russia need to be resolved long ago - this is a direct consequence of excessive administrative regulation activities of tour operators, - Dmitry Bogdanov notes. “Due to ill-conceived decisions at the federal level, the huge funds that should remain in Russia are simply received by the Western economy in the form of commissions from the owners of accommodation facilities paid in favor of the same Booking.com, a 100% American company.”

All this makes one think about how well goal-setting is built in the industry, although here, at first glance, “goals have been set, tasks have been defined” by the president himself. Two years ago at the ONF Action Forum Vladimir Putin stated that the contribution of the Russian tourism industry to the country's GDP is extremely small - only 1.6%, while in countries where domestic tourism is paid more attention, this figure already exceeds 10%. The officials responsible for tourism immediately took note of this instruction, and already in March last year, at the opening of the annual Intourmarket exhibition in Moscow, the Minister of Culture Vladimir Medinsky said that the share of tourism in Russia's GDP reached 3.4% - apparently referring to the multiplier effect of tourism on other sectors of the economy. But there are other estimates as well. During a recent visit to Moscow, the President of Kazakhstan Nursultan Nazarbaev said literally the following: “We have now chosen another topic - tourism, which has not yet been discovered. In the world, ten percent of GDP is tourism, in our countries - one percent. Needless to say, GDP is a crafty indicator.

“A new law on tourism is certainly needed,” says Dmitry Bogdanov. - But the law is a tool that becomes necessary after the goal is defined, and here we have nothing to boast of yet. Increasing the share of tourism in GDP to 10 percent or bringing the inbound tourist flow to a certain level is not a goal, but just some quantitative parameters that can be used to judge how close we are to the goal. Actually, the goal should not be the amount of money earned by the industry. The real tasks of tourism are the formation of love, respect for one's country, a healthy nation, the country's image in the world, and the strengthening of its international relations. But in the minds of federal officials, this still does not add up to the overall picture, and so far I do not see serious thoughtful work on the content of the new law.

Nevertheless, according to Bogdanov, all this does not mean that we do not have achievements in tourism. “Tourism,” the expert continues, “for the first time in many years, the president began to talk about tourism as a serious part of our economy. For the first time, tourism has been included in the main directions of the development of the Russian economy - one of the most important government documents, which is then translated into specific budget items - in the next three years, tourism will receive 800 million rubles from the budget. Next year, the General Assembly of the World Tourism Organization will be held in St. Petersburg - this is a very serious professional event. All these are very important, but, in fact, episodic moments without understanding what kind of tourism we want to see in the next 15-20 years. The task, in my opinion, should be to ensure that 80 percent of the country's population makes two trips to Russia a year - one for health, the second - cultural and educational. This immediately determines the tasks associated with the infrastructure - accommodation facilities, transport, and so on.

But at the same time, we should not forget about outbound tourism, where a series of bankruptcies of tour operators continues - the last major loss was the departure from the market of one of the oldest Russian travel agencies, Natalie Tours, the damage from which, according to the Association of Tour Operators of Russia, at the end of July was about 1, 2 billion rubles. No one seems to doubt that this process will continue. Next year, tour operators expect a significant increase in the price of tour packages due to rising prices for jet fuel and another depreciation of the ruble, and the lack of a significant increase in household income does not allow us to expect that travel companies will have more customers. The risks borne by tour buyers have not gone away, and in order to effectively neutralize them, it may be necessary to take unpopular measures.

According to Alexan Mkrtchyan, it is possible to guarantee compensation for almost all those affected by the termination of the activities of travel companies only through the introduction of compulsory insurance for each tour. According to the expert, calculations show that a sufficient amount of insurance will be 75 thousand rubles per person - 90% of the tours sold fit into it (similarly, 90% of depositors have bank deposits in the amount of 1.4 million rubles, the return of which is guaranteed by the state). “The current insurance system for tour operators does not even close to cover losses in the event of bankruptcy of major players, the gap between the amount of insurance coverage and real losses can be measured dozens of times, and as a result, insurance turns into a sham,” says Mkrtchyan. - The standard coverage of 50 million rubles is only enough to insure small tour operators, while the top five players need coverage of up to a billion rubles. Unfortunately, the cost of insurance for each tour will have to be borne by the tourists themselves, but we are talking about a relatively small amount - about five percent of the cost of the tour. No one will insure the risks of tour operators for free.”

Nikolai Protsenko

The recent decision to remove the management of Russian tourism from the jurisdiction of the Ministry of Culture of the Russian Federation and transfer it under the control of the Ministry of Economic Development is connected, according to industry participants, with the need to more actively develop the regulatory framework, which still lags behind a number of leaders in the global hospitality market. But the general trend - tourism regularly moves from one department to another - rather indicates that the state still has no long-term vision for this industry.

Until recently, the lack of strategy was compensated by mega projects like the Sochi Olympics or the World Cup, but now the market will have to develop under severe structural constraints. Falling consumer incomes, rising costs of travel service providers, a significant share of the shadow sector, high risks of travel organizing companies, high administrative barriers - these are the current unpleasant realities of Russian tourism.

The current law on tourism is outdated and no longer corresponds to modern realities and economic goals of the country, Oleg Safonov, head of the Federal Tourism Agency (Rostourism), said in an interview with RIA Novosti a few days ago. The main emphasis in the new law, in his opinion, should be placed on domestic tourism, while the current document, adopted in the mid-nineties, is focused primarily on outbound tourist flow. In addition, the new tourism law should bring together various regulations governing the market and help bring a number of areas of the hospitality industry, including the hotel sector, out of the shadows.

This speech by Oleg Safonov was his first programmatic statement after Rostourism was transferred from the Ministry of Culture to the Ministry of Economic Development in mid-September. “Being a federal ministry that develops and implements economic policy in a number of areas, the Ministry of Economic Development of Russia has a wide range of functions that allow us to develop a systematic approach to the development of the tourism industry. The agency proposes to form a new strategy for the development of tourism in the Russian Federation for the period up to 2035, which will determine the target model of the tourism market. As part of this strategy, it is planned to develop a system of tourism products, increase the level of services provided in the country, and also remove barriers that limit demand and impede domestic and inbound tourism,” Maxim Oreshkin’s ministry commented on this decision in an official statement.

The current transfer of tourism from one ministry to another is not the first such decision. The Ministry of Culture began to deal with this area only in 2012 - after the government of Dmitry Medvedev was formed, and before that, tourism was under the jurisdiction of the Ministry of Sports, headed by Vitaly Mutko, which from 2008 to 2012, when the Cabinet of Ministers was headed by Vladimir Putin, was called the Ministry of Sports , tourism and youth policy of the Russian Federation. Previously, Rostourism, formed in November 2004 by presidential decree, was directly subordinate to the government for several years, and before that, for several months, the Federal Agency for Physical Culture, Sports and Tourism (Rossport) was part of the Ministry of Health and Social Development. In order not to delve into a very distant history, we note that regular reorganizations of tourism management have taken place before.

“All market participants have long been accustomed to the fact that tourism is constantly moving from department to department,” Alexan Mkrtchyan, member of the Presidium of the Alliance of Travel Agencies, head of the Pink Elephant travel agency network, comments for EADaily. — We understand that the transfer of tourism to the Ministry of Economic Development is not the last such decision, and, unfortunately, in many respects this is an indicator of attitude towards the industry. Its players have an understanding that tourism needs a separate ministry, but within the framework of a policy to reduce the bureaucracy and government spending, one cannot count on this. Therefore, from the transition to the Ministry of Economic Development, no one expects any fundamental changes, either for good or for bad. But it will take a year and a half to adapt to new conditions - and we are only used to working with the Ministry of Culture. Tomorrow, active work with the Ministry of Economic Development will not begin - for a start, you need to at least get to know each other.” As for the Rostourism initiative to adopt a new law, according to Mkrtchyan, it is a logical reaction to the latest market trends: the existing law is indeed more focused on outbound tourism and in a situation where the main focus is shifting to domestic tourism, it is really outdated . But there are no specific proposals on the content of the new law from the authorities yet, the expert clarifies.

“Professionals in the field of tourism are persistent and hardened people, so they perceive such changes stoically,” adds Dmitry Bogdanov, head of the Znanie society in Russia, general director of the Sochi sanatorium Znanie. - But there are still certain hopes in connection with the transfer of tourism to the Ministry of Economic Development. There are a lot of regulatory issues that need to be addressed. The level of government regulation in the field of tourism, unfortunately, is very far behind our most active competitors. Many people think that Rostourism should decide these issues, but in reality it is at the ministerial level, since it is the ministries that are responsible for the development of legislative acts. Rostourism with a new law on tourism will not be able to enter the State Duma, but the Ministry of Economic Development will be able to. For the same few years that tourism was under the jurisdiction of the Ministry of Culture, the regulatory framework, unfortunately, has not advanced much.”

Over the past years, the main industry document, in addition to the framework law, has been the federal target program "Development of domestic and inbound tourism in the Russian Federation", which was first adopted for seven years at once with a total volume of about 141 billion rubles (including 100 billion rubles of investors' funds), and in May of this year it was approved again for the same period. In the updated version of the document, the main problems of domestic tourism are the difficulties of an infrastructural nature. The lack of engineering and transport facilities acts as an obstacle to attracting private investment in the tourism sector, and this, in turn, leads to a lag in the level of development of tourism infrastructure from the interest of tourists themselves. In addition, problems such as the lack of long-term credit instruments available to investors, insufficient quality of service in all sectors of the tourism industry due to a lack of professional personnel, insufficient promotion of Russia as an attractive destination for tourists are identified.

Meanwhile, market participants pay attention to other problems. “The professional community believes that the best solution to stimulate inbound tourism would be to abolish tourist visas to Russia, as Belarus did, a country much more closed in other respects than Russia. If we talk about the internal tourist flow, then it is necessary to stimulate in every possible way - perhaps with the help of policy measures - the development of the "all inclusive" system in recreational areas. This is relevant in connection with the continuing decline in the incomes of the population, and if people understand that they will not have to spend any additional expenses on vacation, this may increase demand in the mass segment,” says Alexan Mkrtchyan.

Serious problems in the travel market at the level of demand confirm recent research. According to a Levada Center survey conducted after the holiday season, only a quarter of respondents this summer could afford to travel (including those who went to visit relatives and friends). 18% of the respondents could not go anywhere due to lack of money, the same number devoted their summer vacation to household chores, another 20% did not go on vacation at all in the summer, and 24% rested in the country. Although from the point of view of officials, the tourist flow is growing. In the Krasnodar Territory, for example, according to its administration, by the end of the summer more than 13.3 million people had a rest - 3% more than last year, and in Crimea over 6 million people had a rest in nine months, or almost 30% more than in the same period. period of 2017.

However, these figures are sly: they cannot be used to judge either the duration of the rest, or how much money people leave at the resorts - if they are taken on faith at all. It should not be forgotten that there can be no talk in principle of any accurate calculations in the private sector of accommodation, which in the same Crimea significantly exceeds the legal one. Meanwhile, there has not been any particular progress in counting tourists in recent years - the authorities habitually carry out the “plan for the shaft”. Meanwhile, the notorious "grandmothers" have long been registered in international online booking systems, which are generally not controlled in any way in Russian jurisdiction. “Issues related to the penetration of systems led by Booking.com into Russia need to be resolved long ago - this is a direct consequence of excessive administrative regulation of the activities of tour operators,” Dmitry Bogdanov notes. “Due to ill-conceived decisions at the federal level, the huge funds that should remain in Russia are simply received by the Western economy in the form of commissions from the owners of accommodation facilities paid in favor of the same Booking.com, a 100% American company.”

All this makes one think about how well goal-setting is built in the industry, although here, at first glance, “goals have been set, tasks have been defined” by the president himself. Two years ago, at the ONF Action Forum, Vladimir Putin stated that the contribution of the Russian tourism industry to the country's GDP is extremely small - only 1.6%, while in countries where domestic tourism is paid more attention, this figure already exceeds 10%. The officials responsible for tourism immediately took note of this instruction, and already in March last year, at the opening of the annual Intourmarket exhibition in Moscow, Minister of Culture Vladimir Medinsky said that the share of tourism in Russia's GDP had reached 3.4% - apparently, referring to the multiplier the effect of tourism on other sectors of the economy. But there are other estimates as well. During a recent visit to Moscow, President of Kazakhstan Nursultan Nazarbayev said literally the following: “We have now chosen another topic - tourism, which has not yet been opened. In the world, ten percent of GDP is tourism, in our countries - one percent. Needless to say, GDP is a crafty indicator.

“A new law on tourism is certainly needed,” says Dmitry Bogdanov. “But the law is a tool that becomes necessary after the goal is defined, and here we have nothing to boast of yet. Increasing the share of tourism in GDP to 10 percent or bringing the inbound tourist flow to a certain level is not a goal, but just some quantitative parameters that can be used to judge how close we are to the goal. Actually, the goal should not be the amount of money earned by the industry. The real tasks of tourism are the formation of love, respect for one's country, a healthy nation, the country's image in the world, and the strengthening of its international relations. But in the minds of federal officials, this still does not add up to the overall picture, and so far I do not see serious thoughtful work on the content of the new law.

Nevertheless, according to Bogdanov, all this does not mean that we do not have achievements in tourism. “Tourism,” the expert continues, “for the first time in many years, the president began to talk about tourism as a serious part of our economy. For the first time, tourism has been included in the main directions of development of the Russian economy - one of the most important government documents, which is then translated into specific budget items - in the next three years, tourism will receive 800 million rubles from the budget. Next year, the General Assembly of the World Tourism Organization will be held in St. Petersburg - this is a very serious professional event. All these are very important, but, in fact, episodic moments without understanding what kind of tourism we want to see in the next 15-20 years. The task, in my opinion, should be to ensure that 80 percent of the country's population makes two trips to Russia a year - one for health, the second - cultural and educational. This immediately determines the tasks associated with the infrastructure - accommodation facilities, transport, and so on.

But at the same time, we should not forget about outbound tourism, where a series of bankruptcies of tour operators continues - the last major loss was the departure from the market of one of the oldest Russian travel agencies, Natalie Tours, the damage from which, according to the Association of Tour Operators of Russia, at the end of July was about 1, 2 billion rubles. No one seems to doubt that this process will continue. Next year, tour operators expect a significant increase in the price of tour packages due to rising prices for jet fuel and another depreciation of the ruble, and the lack of a significant increase in household income does not allow us to expect that travel companies will have more customers. The risks borne by tour buyers have not gone away, and in order to effectively neutralize them, it may be necessary to take unpopular measures.

According to Alexan Mkrtchyan, it is possible to guarantee compensation for almost all those affected by the termination of the activities of travel companies only through the introduction of compulsory insurance for each tour. According to the expert, calculations show that a sufficient amount of insurance will be 75 thousand rubles per person - 90% of the tours sold fit into it (similarly, 90% of depositors have bank deposits in the amount of 1.4 million rubles, the return of which is guaranteed by the state). “The current insurance system for tour operators does not even close to cover losses in the event of bankruptcy of large players, the gap between the amount of insurance coverage and real losses can be measured dozens of times, and as a result, insurance turns into a sham,” says Mkrtchyan. - The standard coverage of 50 million rubles is only enough to insure small tour operators, while the top five players require coverage of up to a billion rubles. Unfortunately, the cost of insurance for each tour will have to be borne by the tourists themselves, but we are talking about a relatively small amount - about five percent of the cost of the tour. No one will insure the risks of tour operators for free.”

Nikolai Protsenko

Illustration: inkrasnogorsk.ru

A little more than six months later, from January 1, 2017, a new law regulating tourism activities will come into force. Latest amendments to the law on tourism - the most ambitious since the abolition of licensing in 2007 and the introduction of a financial support system for tour operators in 2012. The changes affect all market players, but we will dwell on those provisions that will be of most interest to travel agents.

First. Work on behalf of tour operators.

The requirement of FZ-49 to work on behalf of TO. This rule is not clearly spelled out and may be further developed. Dmitry Morozov, Chairman of the Commission for the Improvement of Legal Relations in tourism activities STA interprets this provision as follows: “Civil legislation for legal relations related to the sale of a tourist product involves agency in two forms - on its own behalf and on behalf of the tour operator (order and commission). A travel agent is an agent from a tour operator who sells a tourist product to a consumer. This is the main scheme, and it is she who is enshrined in the current edition of the main branch law 132-FZ. She is already being followed. Law 49-FZ, which introduced changes that will come into force on January 1, 2017, says that the tour operator instructs the travel agent to promote and sell the tourist product, that is, he says the same thing, but more specifically and substantively. Thus, the sectoral law establishes that the sale of a tourist product by a travel agency is carried out on the basis of an order. in other words, within the framework of the agency agreement, as the main agreement for the types of commission. According to the Civil Law, if the travel agent acts on behalf of the tour operator, a power of attorney is issued. But in a situation where the travel agent acts on his own behalf, a power of attorney is not needed. From the proposed 49-FZ, it is not entirely clear whether a travel agent can act on its own behalf or not. I read the law like this: the law presupposes the existence of an order, while the order can be both on its own behalf and on behalf of the tour operator. If on behalf of the tour operator, then there should be a power of attorney, if on your own, then it should not. This opinion is shared not only by me, but also by many industry experts.”

From the proposed 49-FZ, it is not entirely clear whether a travel agent can act on its own behalf or not. Expert: "I interpret it this way: the law presupposes the existence of an order, while the order can be both on its own behalf and on behalf of the tour operator."

Inna Rudenskaya, head of the legal department of the IHL Network, also agrees with her colleague: “In clause 10 of 49-FZ, the last sentence of the clause says: “The travel agent promotes and sells the tourism product on behalf of the tour operator.” We believe that this instruction can be implemented in two forms. The first - on behalf of the travel agent. The second - on behalf of the tour operator. In the case when the implementation of the tourist product is carried out on behalf of the tour operator, it is necessary to properly issue a power of attorney to the travel agent. It would be logical to correct this provision of the law so that it does not have to be interpreted differently and so that it is understandable to a wide range of specialists, and not just lawyers. At the moment, we are discussing with tour operators the specific implementation of this provision. How will the power of attorney be drawn up, how will it be delivered, for example, from Moscow to the regions of the Far North in a short time. After all, if we talk about the form of a power of attorney, properly executed, then this is only the original. We have time to discuss the inaccuracies in the wording, which were initially invisible to us and our fellow tour operators. I would like to take a responsible approach to this issue and remove all discrepancies from the wording in the law. Because both travel agencies and tour operators are interested in adequate conditions for the sale of a tourist product, without artificially created obstacles.

A travel agent should know and remember that the law prohibits a contract for the sale of a tourist product, since this is a service that, according to the civil code, cannot be the subject of a sale.

What experts categorically warn against in this context: “A travel agent should know and remember that the law prohibits the contract for the sale of a tourist product, since this is a service that, according to the civil code, cannot be the subject of sale. A travel agent cannot work under a sales contract, cannot buy a tourist product - this is prohibited by law, the service cannot be the subject of a sale. The service is not a TV, it cannot be bought. The service can be implemented or provided only on behalf of an agent, as well as under an agency and commission agreement.

Second. The fact of veiled tour operator activities of agents will be regulated.

Article 10 of Law 49-FZ reads: “If a tourist and (or) another 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 services rendered under such contracts are equated to services rendered in the course of the sale of a tourist product.

Comment by Dmitry Morozov: “In terms of the formation of a tourist product, the legislation does not change, it provides that tour operator activity is an activity for the formation, promotion and sale of a tourist product, and travel agency activity is the promotion and sale, without the formation of a tourist product.

You should not engage in the hidden formation of a tourist product, since if this fact is revealed, even criminal liability can be applied.

Here, agents can often cheat, selling transportation and accommodation not as part of a package, but separately (at the same time, conducting transactions through different legal entities and formally not violating Article 10), that is, actually engaged in the formation of a tourist product, without having legal grounds. And the appearance of such a wording in the updated law suggests that the fact of the veiled tour operator activities of agents is known at the state level and will be regulated. After all, if an agent begins to form a tourist product, then he actually transforms into a tour operator, and this entails a number of additional responsibilities: the need to obtain financial guarantees, the need to enter the company in the register of tour operators, etc. In principle, cases of the transformation of a travel agency company into a tour operator are known and in their new status the business continued very successfully, but at the moment, travel agencies often prefer to go for some kind of forgery, issuing different contracts to tourists for different legal entities and not informing about the consumer properties of such a product. But this is as long as everything goes well and there are no litigation or emergencies on vacation, when the tourist may need compensation or the intervention of Tourist Assistance. My opinion is this: I definitely do not recommend engaging in the hidden formation of a tourist product, since even criminal liability can be applied if this fact is revealed. And Article 10 of the 49-FZ strictly regulates this.”

Third. Travel agents will be responsible for non-transfer of funds to the tour operator.

The law from January 1, 2017 establishes that travel agents will be liable for non-transfer Money tour operator. “For agents, this rule can turn into a new headache,” comments Dmitry Morozov. - Why? Because, on the one hand, 49-FZ establishes that the travel agent acts on behalf of the tour operator, that is, the agent performs actions to select a tour, implement the tour, receive money and transfer it to the tour operator company. On the other hand, having established that the travel agent is responsible to the tourist for transferring money to the tour operator, we can conclude that the agent is already fulfilling the instructions of the tourist, and not the operator. It turns out that the law contains a contradiction. On the one hand, the travel agent is the agent of the tour operator, and on the other hand, the travel agent is the agent of the tourist.

The provision could turn into a new headache for travel agents, as the law contains contradictions. On the one hand, the travel agent is the agent of the tour operator, and on the other hand, the agent of the tourist

That is, what kind of contract should a travel agent conclude with a tour operator? Orders? Which is logical. The tour operator concludes a travel agency agreement, according to which it instructs the travel agent to sell the tourist product, or the tour operator concludes a sales agreement with the tourist. Or vice versa? If the travel agent is financially responsible to the tourist, then what kind of contract is needed? It turns out that an agency agreement from a tourist to a travel agent, according to which the agent buys a product for the tourist. But this is not a sale. The agent, as it were, concludes a contract for the sale of a tourist product with a tour operator, according to which the tour operator sells it through an agent for a specific individual. And there is an inconsistency in this. What will be the enforcement of this inconsistency is still difficult to predict, but in my understanding, this is a clear conflict of norms in the same law. I am for clear and understandable contractual relationship in a particular segment and for the protection of consumer rights. I hope that by January 2017 we will be able to draw the attention of lawmakers to this provision and try to take measures to resolve them.

Taking advantage of the fact that a certain responsibility will now be assigned to travel agents, tour operators may begin to abuse in the form of shifting any responsibility onto the shoulders of agents.

And one more point of concern. Taking advantage of the fact that a certain responsibility will now be assigned to travel agents, tour operators may begin to abuse in the form of shifting any responsibility onto the shoulders of agents and in full, turning a blind eye to the established division of responsibility, and “pulling on the ears” all other types of responsibility. What does this mean for travel agents? For example, decisions are not in favor of agents in litigation. It is obvious that operator companies own a huge staff of professional lawyers, while agents are often vulnerable in this regard. Especially independent travel agencies. The advice here may be as follows - take care of legal support in advance and be prepared for the fact that such cases may very well arise. Forewarned is forearmed,” the expert sums up.

Expert Georgy Mokhov

Direct participant in legislative events, founder of the Persona Grata legal agency, head of the PCT Legal Commission

What does the new Law on Tourism promise tour operators and travel agencies?

At the end of April, the State Duma adopted in the third final reading a new version of the law on tourism, and between the May holidays it was endorsed by the President. What does the new law promise to participants in the tourism market?

Georgy Mokhov, a direct participant in legislative events, founder of the Persona Grata legal agency, head of the PCT Legal Commission, answering your questions will try to highlight the following key points:

• change in the amount of financial security for Russian tour operators
• creation of an association of tour operators in the field of outbound tourism and a compensation fund
• establishment of the right of recourse claim of the insurer to the head and members of the management of the tour operator
• establishment of significant fines for violation of legislation on tourism activities
• establishment of additional requirements for the execution of contracts for the sale of a tourist product
• exception from the text of the law the concept of "tourist ticket"
• establishing the obligation of the tour operator to publish on the Internet a list of travel agents with whom he works
• notification registration of travel agents. Duty or right?

Questions from readers and answers from an expert

Kotov Gennady Grigorievich, Astravel (tour operator for outbound tourism), Moscow

12.05.2012 11:05

Question: George! The law requires that information about agencies be posted on the operator's website. Why do you think this is necessary and is it really necessary to indicate all the agencies with which we work. There are about 6000 of them in our database. Of course, some of them book tours no more than once a year.

Answer: This information is intended for consumers purchasing a tourist product through travel agents. The traveler may wish to check whether the travel agent is indeed an authorized agent of the tour operator. Displaying an up-to-date list of travel agents on a website is not an easy task. We will think, we will find some simplified solution, for example, displaying ready-made lists through the all-Russian register of travel agents, a link or a search form.

Ludmila Petrova

11.05.2012 17:45

Question: Tell me if there legal ways minimizing maintenance costs in the light of the new law? This is a small regional MOT. Do we understand correctly that we will have to pay 100,000 rubles to the "fund" every year? It is too expensive for us, in the regions the income is much less than in Moscow! Dee and our risks are small, because. most of our tours are private. How can these expenses be legally avoided?

Answer: You can avoid these costs if you are not a tour operator in the field of outbound tourism, that is, in your activity there will be no signs of the formation of a tourist product - a combination of transportation and accommodation for a total price.

Anastasia and Sergey, new travel agency "On the road" (individual travel business (guides, agents, representatives)) , Serpukhov

11.05.2012 15:54

Question: Hello, we are planning to open a small travel agency, own experience No, we focus on friends. Please tell me, in connection with the new version of the law, will the procedure for opening an agency be somehow simplified or, on the contrary, will we face additional difficulties?

Answer: There is nowhere to simplify the procedure for opening a travel agency. To date, there are no mandatory requirements, no licensing, no standards, no requirements for qualifications or work experience.

Sergey, tourist (tourist university), Moscow

11.05.2012 15:14

Question: Publishing on the Internet is not always rewarding. George, please tell me, is there any guarantee that the information about the cooperation between the tour operator and travel agencies will be reliable? Thanks in advance.

Answer: The reliability of the information must be ensured by the tour operator. The obligation is specified in the law, but the consequences of the violation are not defined.

Elizaveta, tourist (tourist university), Omsk

11.05.2012 15:11

Question: Good afternoon, tell me, will the compensation fund help only Russian tourists stuck abroad? Or will he somehow take part in the fate of tourists who find themselves in an unpleasant situation on the territory of the Russian Federation too?

Answer: The fund is created by uniting tour operators operating in the field of outbound tourism to provide emergency assistance to tourists. The law gives the following definition: "emergency assistance - actions to organize the evacuation of a tourist from a country of temporary residence (including payment for transportation and (or) accommodation services) carried out by an association of tour operators in the field of outbound tourism in accordance with this federal law."

11.05.2012 14:21

Question: Dear Georgy, from your answer it is not clear what to do with the norm of the Law obliging the TA to indicate the MOT data in the contract with the tourist? The data of which TO will be indicated by the TA in the contract with the tourist, if the TA, for example, provides a hotel accommodation service? Since in the Law tourism (outbound) is considered to be traveling abroad for any purpose, the sale of only accommodation is also tourism, and an agreement must also be concluded between the tourist and the TA for the provision of tourism services.

Answer: The norm you indicated is binding only when selling a tourist product, that is, a complex of services for transportation and accommodation. The provision of a separate accommodation service is not a tourist product, therefore there is no obligation to indicate information about the tour operator in the contract, nor was it in the previous version of the law. "When a travel agent sells a tourist product on its own behalf, the contract with the tourist and (or) the customer must contain an indication of the tour operator that formed the tourist product, including the methods of communication with the tour operator (telephone numbers, fax numbers, website address in the information and telecommunication network " Internet, address Email and other information).

Eugene, tourist

11.05.2012 13:02

Question: How does the new law regulate prompt assistance to tourists abroad in case of problems similar to today's high-profile cases of the collapse of travel agencies? Who will provide transportation, for what money and who and how will be responsible before the law?

Answer: The law only provides General requirements to the fund formation process. The procedure and conditions for financing from this compensation fund the costs of providing emergency assistance to tourists are determined by the Government Russian Federation. It takes time to pass the corresponding by-law.

LEONID, PROFSOZ OF THE TOURISM INDUSTRY, MOSCOW

11.05.2012 12:46

Question: 1) WHO IN YOUR OPINION WILL FIGHT FOR THE MANAGEMENT (STEALING) OF THE COMPENSATION FUND

Answer: The procedure for the work of the association of tour operators and the fund will be largely determined by the Government of the Russian Federation under a separate Decree. Who and whom will fight for the management of the fund, I can not comment. Organizationally legal form associations in the law is defined - non-profit organization in the form of an association (union), acting subject to the provisions of this law. Status public organization this association does not have

Ivleva Y. (independent travel agency)

11.05.2012 12:44

Question: Good afternoon! What are the features of the notification nature of the registration of travel agencies? What will be required for registration?

Answer: According to the requirements of the Federal Law of December 26, 2008 N 294-FZ "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation state control(supervision) and municipal control". Notice of the beginning of implementation certain types entrepreneurial activity seems legal entity, individual entrepreneur to the authorized federal body executive power after state registration and registration with the tax authority before the actual performance of work or provision of services. The notice of the commencement of certain types of entrepreneurial activity indicates that the legal entity, individual entrepreneur complies with the mandatory requirements, as well as the compliance of their employees, their business activities and the territories, buildings, structures, structures, premises intended for use in the process of their business activities , equipment, similar objects, Vehicle mandatory requirements and requirements established by municipal legal acts. For violation of the notification procedure, an administrative fine is provided for legal entities up to 20,000 rubles. The notification form is established by the Government of the Russian Federation. See the RULES FOR SUBMISSION OF NOTIFICATIONS ON THE START OF CERTAIN TYPES OF BUSINESS ACTIVITY AND ACCOUNTING OF THE SPECIFIED NOTIFICATIONS RESOLUTION dated July 16, 2009 N 584

Evgenia Osipova

11.05.2012 11:59

Question: Dear George! Once again, the question about the "voucher": it remains unclear whether TA now needs to write out these forms? And if not, is it necessary to issue cash receipt?

Answer: You have the right to choose the option used for cash settlements with the population, or BSO or CCP. With the change in the law, the rule establishing mandatory application tourist vouchers as an integral part of the contract for the sale of a tourist product.

Dmitry, Mtsensk Travel Agency DREAM (independent travel agency), Mtsensk

11.05.2012 11:31

Question: Good day, George! In connection with the adoption of the new law, how will the relationship between a travel agent and a tourist be built? What documents should be issued to a tourist and how to draw up an agreement with a tourist? Where can I get a legally competent contract with a tourist for the implementation of the tour?

Answer: The relationship between a travel agent and a tourist will not change much. There are additional requirements for the contract, in terms of information about the tour operator, the association of tour operators and the procedure for obtaining emergency assistance. Tour package ceases to be an integral part of the contract. Concerning the development of the form of the contract, for use in relations with consumers, please send an order to the address [email protected] tel. 495-9213047 You will prepare the necessary recommendations and a sample contract for the new requirements.

Olga (independent travel agency), Yekaterinburg

11.05.2012 07:04

Question: Good afternoon George. Please tell me how to correctly interpret part five of article 9 of the law - “The tour operator is liable to the tourist and (or) another customer for non-fulfillment or improper fulfillment of obligations under the contract for the sale of a tourist product concluded by the travel agent both on behalf of the tour operator and on his own behalf. » What does it change in essence and in comparison with the previous edition? What responsibility are we talking about? Thanks.

Answer: This wording establishes the responsibility of the tour operator for failure to fulfill the contract concluded by the travel agent on its own behalf. In the previous wording, liability extended to the actions of the travel agent committed on behalf of the tour operator. This provision significantly changes the degree of responsibility of the tour operator and, if applied correctly, may affect judicial practice. We will consider this issue at the seminar, please see the schedule on the website www.travel-expert.ru

Leonid, 000 "STEN" (tour operator for outbound tourism), Kazan

10.05.2012 17:18

Question: The new version of the Law determines that "when a travel agent sells a product on its own behalf, the contract with the tourist must specify the tour operator that formed this tourist product, as well as ways to contact him ...". It is no secret that many TAs are actually engaged in operator activities, booking various tours separately. services. What information about TO in this case will TA indicate in the Contract with the tourist, or is it optional, since according to the definition, a separate service is not a tourism product?

Answer: In the case when a "travel agent" books a hotel and transportation separately for the subsequent sale for a total price, a tourist product is formed and the "travel agent" carries out tour operator activities. Accordingly, he is obliged to have financial security and indicate his insurer in the contract. When implementing only accommodation, the tour product is not formed and no indication of financial security is required.

Yuri (independent travel agency)

10.05.2012 17:14

Question: Dear expert, unfortunately the link given in the history of the question leads to a non-working page. It is not possible to download and familiarize yourself with the changes

Answer: Please go to the site http://www.travelexpert.ru/ central news "Amendments to the Federal Law 132-FZ "On the Basics of Tourism in the Russian Federation" and related regulations" inside the news link: "Comparative table of changes in the Federal Law" On the basics of tourism activities in the Russian Federation ""

Marina Viktorovna, Naro-Fominsk

10.05.2012 17:05

Question: Good afternoon! Please explain how the algorithm of relations between the tourist, the tour operator and the insurance company will be built in case the tourist has claims? Who exactly should the tourist contact?

Answer: The order has not changed. Claims to the quality of the tourist product are made by the tourist and (or) another 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. Claims for compensation for damages within the framework of the tour operator's liability insurance contract can be presented by the tourist directly to the insurer. In a judicial proceeding, a claim for compensation for real damage resulting from non-fulfillment or improper fulfillment by the tour operator of obligations under the contract for the sale of a tourist product may be brought by a tourist to the tour operator or to the tour operator and the insurer (guarantor) jointly.

Around the world

10.05.2012 16:07

Question: Tell me, in the contract with the tourist, in addition to information about TO and its FIGS, what will now have to be indicated? Something about a new fund? And where will the data be about its members?

Answer: When a travel agent sells a tourist product on its own behalf, the contract with the tourist and (or) the customer must contain an indication of the tour operator that formed the tourist product, including the methods of communication with the tour operator (telephone numbers, fax numbers, website address in the information and telecommunication network "Internet ”, email address and other information). When concluding an agreement on the sale of a tourist product, a tourist and (or) another customer must be informed in writing about 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 how to contact it (phone numbers, fax numbers, email address and other information). Information about tour operators operating in the field of outbound tourism is included in the register of tour operators, including information on: membership of a tour operator operating in the field of outbound tourism in an association of tour operators in the field of outbound tourism; on the amount of the contribution paid to the compensation fund of the association of tour operators in the field of outbound tourism.

Vasilisa (individual travel business (guides, agents, representatives)), St. Petersburg

10.05.2012 15:32

Question: Tell me, how will the change in the size of financial security affect the work of small tour operators? What threatens us? Thanks…

Answer: The amount of financial security for "outbound" tour operators on USNO and with a turnover of less than 250 million remains the same - 30 million. If insurers do not change the approach to tariffs, then the cost of servicing insurance will remain at the current level - 0.3 - 0.5% Contributions to the fund will amount to at least 100 thousand rubles in the first year. Further, 0.1% + 0.05%, count from the turnover you declared (for the sale of the tourist product). Please note that these rules will only apply after one year.

Roman Sergienko (independent travel agency), Voronezh

10.05.2012 15:27

Question: George, good afternoon! Can you clarify how exactly the “supervision over the activities of tour operators” established by federal law will be carried out, what will it include? And who should be appointed to command them, what will become "the authorized government of the Russian Federation federal body executive power"?

Answer: According to Law 294-FZ, the procedure for organizing and exercising federal state control (supervision) in the relevant field of activity is established by the President of the Russian Federation or the Government of the Russian Federation if the specified procedure is not established by federal law. To date, a special authorized body in the field of supervision of the activities of tour operators has not been defined, but there are powers of Rospotrebnadzor in the field of supervision in the field of consumer protection. I believe that the powers of supervision in this specific area can be transferred to the same executive body, whose duties will be charged with maintaining the federal register of tour operators.

Elena, tourist, Noginsk

10.05.2012 14:42

Question: Hello Gennady! Please tell me, what, in your opinion, will be the consequences of the adoption of the law for ordinary tourists? Will the cost of the fund be included in the cost of the tour?

Answer: For tourists, the degree of protection in case of insolvency or bankruptcy of the tour operator will slightly increase. Deductions to the compensation fund established by law are 0.1% of the amount of funds received from the sale of the tourist product. Plus 0.05% for fund administration. Total 0.15%. For example, from the cost of a tour of 1000 dollars - 1.5 dollars. But deductions are formed based on the indicators of the profile cash turnover for the past reporting year and are not made from the price of the tour you directly paid for. In addition, the tour operator bears the costs of paying the insurance premium under civil liability insurance applied since 2007. As practice has shown, this did not affect pricing.

Julia (independent travel agency)

10.05.2012 14:13

Question: Good afternoon, George! I wanted to clarify: somewhere in the Law is the limit of responsibility of the tour operator and travel agent? This is especially true of sales contracts. Everyone knows that a travel agency is always an intermediary between the operator and the tourist. In any case, the travel agency cannot be held responsible for an unscrupulous tour operator, just as the tour operator cannot be responsible for the travel agency?

Answer: The industry law FZ-132 does not define the boundaries of responsibility, this is impossible, since most of the legal relations that arise in the process of selling a tourist product are established by freely concluded agreements and belong to the sphere of regulation Civil Code and the Consumer Protection Act. Current legislation and judicial - arbitration practice testify to the consolidation of the principle of absolute responsibility of the entrepreneur, which provides for the application of measures of property liability to the violator of the contract, regardless of the presence of guilt and even the degree of harm. Thus, the responsibility of a "travel agent for an unscrupulous tour operator" or vice versa, a tour operator for a travel agent, arises quite often, although not always fairly.

10.05.2012 14:05

Question: The concept of "tour package" will be excluded from the text. Are these just formal textual changes or will they entail changes at a deeper level? Thanks in advance for your reply.

Answer: These are not formal text changes. The basic term "tourist voucher" and the provision according to which the tourist voucher is an integral part of the contract for the sale of a tourist product have been excluded from the law. Accordingly, all related provisions in regulations and the clarifications of the authorities that were based on this term.

Anna, tourist, Moscow

10.05.2012 13:55

Question: Please tell me, in your opinion, will additional requirements for the execution of contracts for a tourist product somehow affect the improvement of the quality of work of tour operators? Thanks.

Answer: The quality of services has little to do with the formalities of the document flow. Nevertheless, a competent reflection in the contracts of the obligations of the tour operator (travel agent), information on the financial support of the tour operator and the procedure for contacting the insurer, the procedure for terminating or changing the terms of the contract, in general, has a positive effect on the prospects for protecting violated rights.

BRIEF HISTORY

Dmitry Medvedev signed the federal law "On Amendments to the Federal Law "On the Fundamentals of Tourism in the Russian Federation" and certain legislative acts Russian Federation". Federal law passed State Duma April 25, 2012 and approved by the Federation Council on April 27, 2012.

As stated on the official website of the president, the federal law is aimed at improving the legislation on the basics of tourism activities in order to strengthen the protection of the rights and legitimate interests of tourists traveling outside the Russian Federation. It provides for the creation of an association of tour operators in the field of outbound tourism to provide emergency assistance to tourists outside the Russian Federation in case of impossibility of performance, non-performance or improper performance by the tour operator of its obligations under the contract.

In accordance with the law, emergency assistance, which is actions to organize the evacuation of a tourist from a country of temporary residence, is provided at the expense of the compensation fund of the association of tour operators in the field of outbound tourism. The federal law establishes the procedure for determining the amount of contributions from members of an association of tour operators in the field of outbound tourism to the compensation fund of this association and the terms for making such contributions.

Operators in the field of outbound tourism are required to become members of the association within one year from the date of the official publication of the law. The government of the Russian Federation assumes control over the creation and operation of the compensation fund. The fund will contribute 0.1% of annual turnover tour operators. Tour operators will contribute funds to the fund at the end of 2012, so the fund will be able to start working from January 2013.

Operators for inbound and domestic tourism do not participate in the formation of the fund. In addition, by law, the funds of the compensation fund are not subject to income tax. Also, the costs of an association of tour operators for the provision of emergency assistance to tourists do not apply to expenses taken into account for the purposes of determining income tax.

The federal law also changes the amount of financial support for tour operators. For those companies whose annual revenue does not exceed 250 million rubles, as well as those who operate under a simplified taxation system, the amount of financial guarantees will be, according to the new law, as before, 30 million rubles. If the revenue is more than 250 million rubles, then the amount of security must be at least 12% of the turnover. At the same time, a provision appeared in the law on the right of insurers to a recourse claim against the founders of the debtor, its head, members of the tour operator's management bodies in the amount of the paid insurance indemnity, if the tour operator's failure to fulfill obligations under the contract was caused by the deliberate actions of these persons.

The federal law introduces supervision over the activities of tour operators and associations of tour operators in the field of outbound tourism, carried out by the federal executive body authorized by the Government of the Russian Federation, as well as establishes measures of administrative responsibility for offenses committed by tour operators or an association of tour operators in the field of outbound tourism in the course of their activities.

The law strengthens the responsibility of tour operators for their product. In particular, when a travel agent sells a product on its own behalf, the contract with the tourist must specify the tour operator that formed this product, as well as ways to contact him (phone numbers, fax numbers, website address). In turn, the operator's website should provide a list of agencies with which he cooperates. An important innovation is the introduction of the notification nature of the registration of travel agencies, which will help to ensure the accounting of travel agency enterprises.