Contract of rendering of travel services

Appendix to the Resolution of the Council of Ministers of the Republic of Belarus 11.08.2022 № 523

 

Standard Form

AGREEMENT
for the provision of tourist services № _____

___ ___________ 20__ g.	_________________________________________
	(place of conclusion of the contract)

 

__________________________________________________________________________________________________________,

(name (brand name) of the tour operator)

hereinafter referred to as the Contractor, represented by ____________________________________________________________

(position of the employee engaged

__________________________________________________________________________________________________________,

in the tourism organization, surname, first name, patronymic (if any),
name (brand name) of the travel agent, surname, first name,
patronymic (if any) of the individual entrepreneur)

acting on the basis of ______________________________________________________________________________

(founding document, power of attorney, agency agreement

__________________________________________________________________________________________________________,

or any other agreement not prohibited by law)

__________________________________________________________________________________________________________,

on one side, and _______________________________________________________________________________________

(surname, first name, patronymic (if any)

__________________________________________________________________________________________________________,

__________________________________________________________________________________________________________,

individual, name (brand name) of the legal entity)

hereinafter referred to as the Customer, on the other side, collectively referred to as the parties, have concluded this agreement as follows:

 

SUBJECT OF THIS AGREEMENT

 

1. The Contractor agrees, at the request of the Customer, in accordance with the tourist travel program as per Appendix 1, to provide tourist services to the individuals listed in Appendix 2, who are tourists or excursionists (hereinafter, unless otherwise specified, – tourists), and the Customer agrees to pay for these services.

 

GENERAL CONDITIONS

 

2. In case this agreement is concluded for the benefit of third parties (tourists), the Customer undertakes to ensure that these individuals comply with the terms of this agreement and thereby expresses their consent to the terms of this agreement.

3. Tourists have the right to demand from the Contractor the provision of tourist services in accordance with the tourist travel program as per Appendix 1.

4. The travel agent authorized by the Contractor to conclude this agreement is granted the following powers:

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

__________________________________________________________________________________________________________.*

5. The number of tourists to whom tourist services are provided under this agreement is _____ persons.

6. The minimum number of people, determined by the Contractor when forming the tour, necessary for the implementation of the tourist trip, is _____.

7. The quality of the tourist services must comply with the terms of this agreement, and in the absence or incompleteness of these terms, with the requirements applicable to services of the corresponding type.

 

COST OF TOURIST SERVICES AND PAYMENT PROCEDURE

 

8. The cost of tourist services under this agreement is ________________________________

__________________________________________________________________________________________________________,

9. The deadlines and procedure for payment of tourist services, as well as penalties (fines) for non-payment ___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

 

10. The Contractor has the right to:

timely receive from the Customer complete and accurate information, documents, as well as details about themselves and the tourists to the extent necessary for fulfilling their obligations under this agreement;

compensation from the Customer for any damage caused in the cases and procedures established by civil and civil procedural law;

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

11. The Contractor is obligated to:

11.1. timely provide the Customer with information about tourist services, including details about:

the tourist travel program;

the tour operator who formed the tour;

the cost of tourist services, the deadlines, and procedure for payment;

a set of measures to ensure the personal safety and protection of the tourists' property during the tourist trip;

the exact time of the tourist trip's start, no later than one day before the start of the tourist trip or at the moment of concluding this agreement, if less than one day remains before the start of the trip;

the receiving party;

other information related to the provision of tourist services;

11.2. in the case of international outbound tourism, in addition to the information provided in subparagraph 11.1 of this section, also provide information about:

compliance with personal safety rules for the tourist, excursionist;

ensuring that the tour operator who formed the tour fulfills its obligations under contracts for providing tourist services in the field of international outbound tourism through means of ensuring fulfillment of obligations by the tour operator;

the procedure for participants in tourist activities to claim compensation for property damage in the event that the tour operator is unable to fulfill its obligations;

11.3. timely provide the Customer with the documents necessary for the tourist trip;

11.4. take measures to ensure the rights, freedoms, and lawful interests of the Customer and tourists during the trip across the territory of the country (place) of temporary stay (transit), including in the case of unlawful acts or other unforeseen circumstances affecting the Customer and/or tourists;

11.5. ensure the proper quality and safety of tourist services in accordance with this agreement;

11.6. in case of the absence of the minimum number of people defined in paragraph 6 of this agreement, inform the Customer no later than ten calendar days before the start of the tourist trip;

11.7. compensate, as per the procedure established by civil and civil procedural law, for any damage caused to the Customer and/or tourists;

11.8. in case of unilateral refusal to fulfill the obligations under this agreement during the tourist trip, at the tourist's request, arrange for their return to the starting (ending) point of the tourist trip under the terms specified in this agreement, or on higher-level terms;

11.9. if, during the tourist trip, it turns out that the volume and quality of the tourist services provided do not meet the terms of this agreement, replace the services provided with those of equal or higher quality without additional costs to the Customer, and with the Customer's or tourist's consent – with lower-quality services, compensating the Customer for the difference between the cost of services specified in this agreement and the cost of services actually provided;

11.10. ensure the fulfillment of their obligations under this agreement through methods prescribed in tourism legislation for ensuring the fulfillment of obligations in the field of international outbound tourism;

11.11. notify the Customer of any instances where fulfilling obligations under this agreement becomes impossible;

11.12. inform the Customer of any unforeseen increase in the cost of individual services included in the package of tourist services;

11.13. fulfill the conditions of this agreement;

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________.

12. The Customer has the right to:

12.1. demand the provision of tourist services to the tourists according to the tourist travel program as per Appendix 1;

12.2. compensation for damage caused by the Contractor, in cases and procedures established by civil and civil procedural law;

12.3. ensure that the Contractor provides tourist services of proper quality and safety;

12.4. file a complaint with the Contractor in case the Contractor fails to fulfill or improperly fulfills the conditions of this agreement;

___________________________________________________________________________________________________________.

13. The Customer is obligated to:

13.1. familiarize themselves and the tourists with the terms of this agreement, as well as with the information provided in subparagraphs 11.1 and 11.2 of section 11 of this agreement;

13.2. independently familiarize themselves with and follow the rules for leaving and entering the Republic of Belarus;

13.3. timely provide the Contractor with complete, accurate information and documents, as well as details about themselves and the tourists necessary for fulfilling the obligations under this agreement;

13.4. reimburse the Contractor for actual expenses incurred in case of unilateral refusal to fulfill obligations under this agreement, provided that these expenses are documented;

13.5. fulfill the conditions of this agreement;

13.6. ensure that the tourists fulfill the following obligations:

timely arrive at the start of the tourist trip, as well as at the gathering and departure points during the tourist trip;

comply with the legislation of the country (place) of temporary stay, respect its political and social structure, customs, traditions, and the population's religion;

treat the environment and cultural values with care;

comply with the entry and exit rules of the country (place) of temporary stay (transit passage);

comply with the rules of personal safety for the tourist, excursionist;

__________________________________________________________________________________________________________.

 

 

AMENDMENT AND TERMINATION OF THIS AGREEMENT

 

14. Changes, termination, and unilateral refusal to perform obligations under this agreement are made on the grounds provided by civil legislation and this agreement, in the form in which this agreement was concluded.

15. The Customer has the right to unilaterally refuse to perform obligations under this agreement, provided that the Contractor is compensated for the actual expenses incurred.

In case of the Customer’s unilateral refusal to perform this agreement, the Contractor is obligated to take necessary and reasonable actions to reduce the actual expenses incurred, including contacting the third-party entities in the tourism industry involved to reduce such expenses.

If the Contractor fails to confirm the actual expenses incurred, refuses to present documents to the Customer confirming such expenses, or fails to clearly indicate in the documents the source of the actual expenses, the Contractor is obligated to refund the Customer the full amount paid for the tourist services.

16. The Contractor has the right to refuse to perform obligations under this agreement only if the Customer’s losses are fully compensated.

In case of the Contractor’s refusal to perform obligations under this agreement during the tourist trip, the Contractor is obligated, at the request of the Customer and/or tourists, to organize their return to the starting (ending) point of the tourist trip on the terms provided in this agreement, or on higher-level terms.

17. In case the minimum number of people, as defined in paragraph 6 of this agreement, is not met, the agreement is terminated, provided that the Contractor refunds the cost of the paid tourist services and informs the Customer within the time specified in subparagraph 11.6 of paragraph 11 of this agreement.

 

DISPUTE RESOLUTION PROCEDURE. LIABILITY OF THE PARTIES

 

18. The parties are responsible for the non-fulfillment or improper fulfillment of obligations under this agreement in accordance with the law.

19. The parties are not responsible for the non-fulfillment or improper fulfillment of obligations under this agreement if it became impossible due to the occurrence of force majeure circumstances.

In the event of force majeure circumstances and the impossibility of fulfilling obligations under this agreement, each party has the right to demand the return of everything it has performed, without receiving corresponding satisfaction.

20. The Contractor is not responsible for any damage that may be caused to the tourists due to their own fault or the fault of third parties providing services during the tourist trip that are not included in the program and are provided at the tourists’ initiative.

21. The fulfillment of the Contractor’s obligations under this agreement is ensured by

___________________________________________________________________________________________________________

(specify one of the methods provided in part one of paragraph 1 of Article 27

___________________________________________________________________________________________________________

of the Law of the Republic of Belarus dated November 11, 2021 No. 129-Z "On Tourism")

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

Information about the organization ensuring the fulfillment of the tour operator's obligations under contracts for the provision of tourist services: ___________________________________________________________________________

(name of the organization,

__________________________________________________________________________________________________________

location, contact details)

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________.

List of expenses reimbursed to the Customer and tourists, including additional expenses:

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

__________________________________________________________________________________________________________.

The procedure and deadlines for the Customer and/or tourists to submit a written request (for a bank guarantee – with a written demand) for payment of the amount to compensate for property damage caused by the impossibility of fulfilling the tour operator's obligations:

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

___________________________________________________________________________________________________________

________________________________________________________________________________________________________.**

22. The parties have determined that before filing a lawsuit with the court regarding disputes arising from this agreement, the Customer shall address the Contractor with the corresponding claim within the timeframes provided by consumer protection legislation.

The parties may use another out-of-court dispute resolution procedure that does not contradict the law, with compliance with the deadlines for satisfying consumer claims established by consumer protection legislation.

23. The claims procedure for dispute resolution established in paragraph 22 of this agreement does not apply to cases of property damage caused to the Customer and/or tourists due to the impossibility of the Contractor fulfilling its obligations under this agreement. For these purposes, the parties shall follow the provisions of paragraph 21 of this agreement.

 

FINAL PROVISIONS

 

24. This agreement enters into force on the date of its signing by the parties and remains in effect until all obligations under it are fully fulfilled.

25. Documents and their copies confirming the payment for tourist services are an integral part of this agreement.

26. This agreement is drawn up in ___________________ language*** in ____ copies, all of which have equal legal force.

 

DETAILS AND SIGNATURES OF THE PARTIES

 

Contractor	Customer
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________

 

The tourist, excursionist has been informed of the personal safety rules.

_________________________________

(signature of the Customer)

___________________________________

* Paragraph 4 of this agreement is filled out when the tour is sold to the Customer through a travel agent.

** Paragraph 21 of this agreement is filled out in contracts for the provision of tourist services in the field of international outbound tourism.

*** The agreement may be concluded in Russian, Belarusian, or a foreign language. The text of the agreement concluded in Belarusian or a foreign language must correspond to the text of the agreement in Russian.

 

 

Appendix 1 to the tourist services agreement

Tourist Travel Program

Tourist services: _______________________________________________________________________________

Name (brand name) of the tour operator who formed the tour:

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

Tourist trip route: _______________________________________________________________

Date, time of the start and end of the tourist trip: ________________________________________

__________________________________________________________________________________________________________

Procedure for meeting, seeing off, and accompanying tourists: _______________________________________________

__________________________________________________________________________________________________________

Transportation service: _________________________________________________________________________________

Characteristics of transport means, flight connection schedules: _________________________

__________________________________________________________________________________________________________

Transfer services: ___________________________________________________________________________________

Accommodation service: ______________________________________________________________________________

Characteristics of tourist accommodation facilities (location, classification under the legislation of the country (place) of temporary stay, other information) ____________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

Catering service: __________________________________________________________________________________

Procedure for providing meals to tourists: _____________________________________________________________

List and characteristics of other tourist services: _____________________________________________

__________________________________________________________________________________________________________

__________________________________________________________________________________________________________

Other information: ___________________________________________________________________________________

 

Contractor	Customer
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________

 

Appendix 2 to the tourist services agreement

Information about tourists, excursionists receiving tourist services*

1. ___________________________________________________________________________________________________.

2. ___________________________________________________________________________________________________.

3. ___________________________________________________________________________________________________.

...

 

Rights and obligations of tourists, excursionists receiving tourist services

 

1. Tourists, excursionists receiving tourist services have the right to:

1.1. receive tourist services according to the tourist travel program;

1.2. familiarize themselves with information about tourist services and other accompanying information;

1.3. ensure that the Contractor provides tourist services of proper quality and safety;

1.4. protect their rights, freedoms, and lawful interests;

1.5. compensation for any harm caused in the cases and procedures established by civil and civil procedural law, as well as this agreement;

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

2. Tourists, excursionists receiving tourist services are obligated to:

2.1. timely provide the Customer with complete and accurate information and documents, as well as details about themselves, necessary for fulfilling obligations under this agreement;

2.2. timely arrive at the location of the start of the tourist trip, as well as at the gathering and departure points during the tourist trip;

2.3. comply with the legislation of the country (place) of temporary stay, respect its political and social structure, customs, traditions, and religion of the population;

2.4. treat the environment and cultural values with care;

2.5. comply with the entry and exit rules of the country (place) of temporary stay (transit passage);

2.6. comply with the rules of personal safety for the tourist, excursionist;

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

_________________________________________________________________________________________________________

 

Contractor	Customer
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________
____________________________	____________________________

 

___________________________________

* Surname, first name, patronymic (if any), date of birth, identification document details, place of residence.