Contract of rendering of travel services
The following is a typical form of a Agreement for the provision of travel services. Depending on the purposes, tour operator has the right to make additions to it.
by the Resolution of the Council of Ministers
05.10.2010 № 1431
Travel services agreement №
___ ___________ 20__ year ___________________________
(place of conclusion of the agreement)
(name of legal entity or individual)
hereandafter referred to as (th) the Executor, in the face of __________________________________________________________________________________ ,
(job, surname, first name)
acting on the basis ______________________________________
(founding document, power of attorney)
on the one hand, and _______________________________________________________________________________________________________________ ,
(surname, first name or name of legal entity),
hereandafter referred to as (th) the customer, on the other hand, concluded the agreement as follows:
SUBJECT OF THIS AGREEMENT
1. The Executor is obliged according to the Customer's instructions and the travel program under Annex 1 to provide travel services to ____________________________________________ (hereinafter - the tourists), and the Customer is obliged to pay for these services.
(to the customer or persons under Annex 2)
2. In case of conclusion of the present agreement for the benefit of the third parties the Customer is obliged to ensure that these third parties will follow the terms of this contract and this way agrees with the terms of the current agreement.
Tourists (the third parties for whose benefit the present contract is concluded) are entitled to require the providing of the booked travel services by Executor.
3. The number of tourists who are provided the travel services in accordance with the present contract is _____ people.
4. The minimum number of people determined by the travel agency which is necessary for the implementation of the tour is _____.
5. The quality of tourist services must comply with the terms of the present contract, with the legal acts of technical regulation and standardization, and in case of their absence or incompleteness - with the requirements usually imposed on services of the appropriate type.
COST OF TRAVEL SERVICES AND PAYMENT REGULATION
6. The cost of tourist services under this contract is _______________________________________________________________.
7. The terms and the payment for reserved travel services _______________________________________________________________________________.
RIGHTS AND OBLIGATIONS OF THE PARTIES
8. The Executor has right to:
receive from the Customer complete and accurate information, documents, and other details concerning the customer and tourists that are necessary for fulfillment of the obligations under this agreement;
receive the refund of damages caused by the Customer in cases and order established by law;
9. The Executor is obliged to:
provide the Customer with complete and accurate information about the tour’s program, about the tour operator carring out the tour, the customs rules of the Republic of Belarus and about the need to provide guarantees of payment for medical care (life and health insurance) at the entrance to the Republic of Belarus, as well as information concerning tourist law and consumer protection;
instruct the customer about the adherence to the rules of personal safety in order established by law;
provide in proper time the Customer with the documents needed to carry out the travel tour;
take actions to respect and observe the rights and the legal interests of the Customer and tourists;
ensure the quality, including the safety of provided under this Agreement tourist services;
in case of absence of the minimum number of tourists, as it defined in the paragraph 4 of this Agreement, inform the Customer not later than 10 calendar days before the start of the tour;
refund the Customer and (or) tourists expenses (losses) in cases established by law;
fulfill in cases of unilateral refusal the obligations under this Agreement at the time of the tour, on tourist’s request to arrange his return to the place of beginning (end) of the travel tour on terms no worse than provided under this Agreement;
fulfill the terms of the present contract;
10. The Customer has right to:
require the executing of the tourist travel services under this Agreement and law;
require from the Contractor the refund of losses and damages (damages) in cases and order established by law;
require from the Contractor the quality assurance and safety of the provided tourist services;
11. The Customer is obliged to:
11.1. inform himself and the tourists about the terms of this Agreement, the rules of personal safety and to get through the other information received in accordance with the subparagraph 2 of the paragraph 9 of this Agreement;
11.2. in proper time to provide accurate information, documents, and details about himself and the tourists necessary for fulfillment of the obligations under this Agreement;
11.3. refund the Contractor the real incurred expenses in case of unilateral refusal to execute the present Agreement;
11.4. fulfill the terms of the present Agreement;
11.5. enforce the tourists to:
to arrive in time to the place of beginning of the tour, and also to be in time in assembly and departure points during the travel tour;
to comply with the rules of legislation system of the Republic of Belarus, to respect its political and social system, customs, traditions and religion;
to take care of the environment, material historical and cultural values of the Republic of Belarus;
to abide by the customs rules of the Republic of Belarus (transit country);
to observe the rules of personal, sanitary and fire safety;
AMENDMENT AND TERMINATION OF THIS AGREEMENT
12. This agreement can be amended or terminated in cases specified in the present Agreement and determined by law.
13. Amendment and termination of this Agreement by mutual agreement of all parties are committed in written form by signing an additional agreement to it.
14. The present Agreement can be terminated unilaterally:
by the Executor - on condition of paying full Customer’s expanses.
by Customer - on condition of paying the Contractor’s actually incurred costs.
15. In case of absence of the minimum number of persons, as defined in the paragraph 4 of this Agreement, the Agreement is terminated. In this situation the Contractor is obliged to refund the cost of tourist services to the Customer. The Contractor is obliged to inform the Customer about termination of the Agreement within the period specified in the point 7 of the paragraph 9 of this Agreement.
RESPONSIBILITIES OF THE PARTIES
16. In case of improper or non-fulfillment of the obligations under the present Agreement, the parties bear responsibility in accordance with the legislation system of the Republic of Belarus.
17.The parties are partially or totally released from the fulfillment of the obligations under the present Agreement in case of force majeure circumstances. In the case of force majeure and impossibility of fulfillment by the parties of the obligations under this Agreement, each party shall be entitled to claim from the other party the restitution of everything that was provided by one party and not provided by the other.
18. The Contractor is not obliged for any damage caused to tourists through their own fault or the fault of the third party, who provide their services during the travel tour according to the tourists’ own initiative which are not included in the travel program initially.
19. This Agreement shall come into force from the date of its signing and is valid until the execution of all obligations by the parties.
20. The documents and their copies confirming the payment of the cost of tourist services are an integral part of this Agreement.
21. This Agreement is made in ______ language * in ____ copies, having the equal legal force.
22. All disputes under this Agreement are settled in accordance with the legislation system of the Republic of Belarus
* This agreement may be made in Russian, Belarusian or other foreign language. Thus the contracts signed in Belarusian or other foreign language must comply with this agreement in Russian.
LEGAL ADDRESSES, BANK DETAILS AND SIGNATURES OF THE PARTIES
The tourist has got instructions about the adherence to the rules of personal safety____________________
(Signature of Customer)
to the Agreement on executing of tourist services № ___ 20__year
The program of the travel tour
Travel Services: __________________________________________
The route of the travel tour: _____________________________
Date, start and finish dates of the travel tour: ________________________________________________________________
Arrival and departure regulation, tourist's escort (s): ______________
Transfer services: ____________________________________________
Characteristics of autos, terms of flight connections: _________________________________________________________
Accommodation services: __________________________________________
Characteristics of tourist accommodation (s) (location, classification under the laws of the country (place) of temporary residence, other information) ________________________________________________
Food service: _____________________________________________
Nutrition regulation (meals): __________________________
The list and characteristics of other tourist services: ________________________________________________________________
Other information: _______________________________________________
to the Agreement on executing of tourist services № ___ ________________20__year
* The detailed information about people who are provided with the tourist services
* Surname, name, place of residence.
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