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Act of the Republic of Belarus «About tourism» (extracts)

LAW OF THE REPUBLIC OF BELARUS
November 11, 2021 N 129-З

ABOUT TOURISM

Passed by the House of Representatives on October 4, 2021
Approved by the Council of the Republic on October 28, 2021

Chapter 1
GENERAL

Article 1. Basic terms used in this Law and their definitions.

1. For the purposes of this Law, the following basic terms and their definitions are used:

  • audio guide (mobile tour accompaniment) – a phonogram in Belarusian, Russian or foreign language, played during the tour publicly or individually through a separate technical device or application for a mobile device, designed to familiarize tourists, sightseers with travel resources;

  • guide-interpreter – an individual who is fluent in a foreign language (foreign languages) and has the knowledge and professional skills necessary to conduct excursions in a foreign language; ,/li>
  • customer – a legal entity or an individual, including an individual entrepreneur, who is a party to an contract for the provision of travel services, an contract for the provision of paid services related to the organization of a travel trip, who ordered these services for their own needs and (or) the needs of other tourists, sightseers for the purposes, not related to the implementation of entrepreneurial activities;

  • contractor – a tour operator that has formed a tour and is a party to a contract for the provision of travel services, a tour operator or travel agent that is a party to a contract for the provision of services related to the organization of a travel trip;

  • complex of travel services – a set of two or more travel services formed by a tour operator, without fail including one of the following services: transportation, accommodation, excursion service;

  • itinerary of a travel trip – the route of tourists, sightseers, including a list of the main places consistently visited by tourists, sightseers during a travel trip;

  • objects of the tourism industry – accommodation facilities, public catering facilities, recreational, business, educational and other purposes, vehicles intended for the transport of tourists, sightseers (hereinafter referred to as vehicles), entertainment facilities and means of entertainment used to meet the needs of tourists, sightseers arising from during a travel trip and (or) in connection with it;

  • subjects of tourism activity – tour operators, travel agents;

  • subjects of the tourism industry – subjects of tourism activities, as well as other legal entities, individuals, including individual entrepreneurs, carrying out activities related to meeting the needs of tourists, sightseers that arise during a travel trip and (or) in connection with it;< br>
  • tour – a complex of travel services with a travel trip program;

  • travel agent – a legal entity or an individual entrepreneur engaged in travel agency activities;

  • travel agency activity – entrepreneurial activity for the promotion and sale of tours to participants in tourism activities, formed by resident tour operators, without transferring rights to tours, as well as for the provision of individual services related to the organization of travel trip;

  • tourism – a travel trip, as well as activities for its organization;

  • tourist – an individual who makes a travel trip for a period of 24 hours to one year or spends at least one night in the country (place) of temporary residence;

  • tourism activity – tour operator and travel agency activity;

  • travel zone – a part of the territory of the Republic of Belarus with precisely defined boundaries, on which one or more travel resources are located and which was created in order to support the tourism industry, develop domestic tourism and international inbound tourism, one or more types of tourism, protect and rationally use tourism resources;

  • tourism industry – a set of subjects and objects of the tourism industry;

  • travel service – a service for transportation, accommodation, excursion and other services, the provision of which in the complex of travel services allows you to make a travel trip;

  • travel resources – natural complexes and objects, objects of social and cultural purpose, cultural infrastructure, recreation, satisfying the needs of tourists, sightseers;

  • travel information center – a legal entity in the form of a business company, unitary enterprise or institution, or a structural subdivision of a legal entity, including a separate subdivision of a legal entity located outside its location (branch, representative office, other separate subdivision), created in order to promote the development of internal tourism and international inbound tourism, formation and dissemination of information about the tourism potential of the Republic of Belarus and its administrative-territorial units;

  • travel trip – a trip organized independently or with the help of subjects of tourism activities (trip, movement, stay) of tourists, sightseers outside their place of residence (place of stay) in accordance with the goals of tourists, sightseers;

  • tour operator – a legal entity carrying out tour operator activities;

  • tour operator activity – entrepreneurial activity in the formation, promotion and implementation of tours, including those formed by other tour operators, including non-residents, as well as in the provision of certain services related to the organization of a travel trip;

  • service related to the organization of a travel trip – a service of tourism entities to assist participants in tourism activities in purchasing tours, including advising on the purchase of tours and other issues of making a travel trip, selection of tours, booking seats in vehicles and accommodation facilities, service on filling out (executing) the documents necessary for making a travel trip, submitting them to the relevant authorities (organizations);

  • participants in tourism activities – customers, tourists, sightseers;

  • liability fund of tour operators – a set of funds formed by an association (union) in order to compensate participants in tourism activities for property damage caused in connection with the onset of cases when the tour operator cannot fulfill obligations under contracts for the provision of travel services in the field of international outbound tourism (hereinafter, unless otherwise specified, – cases of impossibility of fulfillment of obligations by the tour operator);

  • excursionist – an individual who makes an excursion without spending the night in the country (place) of temporary residence;

  • excursion service – activities of subjects of travel activities, as well as other legal entities, individuals, including individual entrepreneurs, in the preparation, organization and conduct of excursions, including using audio guides (mobile accompaniment of excursions);

  • excursion – a travel trip for a period of not more than 24 hours, as well as visits by tourists, sightseers of tourist resources under the guidance of guides, guide-interpreters, persons working in organizations, when conducting excursions in these organizations, subjects of travel activities, other persons entitled to conduct excursions;

  • guide – an individual who has the knowledge and professional skills necessary to conduct excursions in Belarusian or Russian.
  • 2. For the purposes of this Law, the terms «non-residents» and «residents» are used in the meanings determined by subparagraphs 1.10 and 1.11 of paragraph 1 of Article 1 of the Law of the Republic of Belarus dated July 22, 2003 N 226-З «On currency regulation and currency control».

    Article 2. Scope of this Law.

    1. This Law governs public relations arising from:
    – implementation of travel activities;
    – making travel trips;
    – excursion service;
    – organization and security in the field of tourism.

    2. This Law does not apply to public relations related to:
    – activities of non-profit organizations and legal entities created by them, which are entrusted by law with the functions of organizing and holding in the Republic of Belarus and foreign countries the days of the economy, exhibitions, fairs, presentations, symposiums, conferences, business visits (missions), events aimed at obtaining education for managers and specialists of legal entities, individual entrepreneurs and their employees;
    – making trips (trips, movements, stays) for a period of more than one year.

    Article 3. Legal regulation of relations in the field of tourism.

    1. Relations in the field of tourism are regulated by the legislation on tourism, international treaties of the Republic of Belarus, as well as international legal acts constituting the law of the Eurasian Economic Union.

    2. Tourism legislation is based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, this Law, acts of legislation on the protection of consumer rights and other acts of legislation.

    3. If an international treaty of the Republic of Belarus establishes other rules than those provided for by this Law, then the rules of the international treaty shall apply.

    Article 4. Organizational forms of tourism. Goals of tourists, sightseers.

    1. Organizational forms of tourism are international and domestic tourism.

    2. International tourism includes:
    outbound tourism – a travel trip of citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residing in the Republic of Belarus, outside the territory of the Republic of Belarus;
    inbound tourism – a travel trip of foreign citizens and stateless persons, with the exception of those permanently residing in the Republic of Belarus, within the territory of the Republic of Belarus.
    domestic tourism – a travel trip of citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residing in the Republic of Belarus, within the territory of the Republic of Belarus.

    3. The goals of tourists, sightseers are the following goals, excluding the employment of labor, entrepreneurial, other income-generating activities, paid and (or) generating profit (income) from a source in the country (place) of temporary residence:
    – rest;
    – recovery;
    – informative goals;
    – educational goals;
    – pilgrimage purposes;
    – business purposes;
    – physical culture and sports goals;
    – other purposes.

    Article 5. Unified classification of types of tourism in the Republic of Belarus.

    1. In order to monitor the development of types of tourism in the Republic of Belarus, the Ministry of Sports and Tourism maintains a Unified Classification of Types of Tourism in the Republic of Belarus. The unified classification of types of tourism in the Republic of Belarus includes a list of types of tourism developed in the Republic of Belarus and their classification features.

    2. The procedure for the formation and maintenance of the Unified Classification of Types of Tourism in the Republic of Belarus is established by the Council of Ministers of the Republic of Belarus.

    CHAPTER 2
    STATE REGULATION IN THE FIELD OF TOURISM

    Article 6. General provisions on state regulation in the field of tourism.

    State regulation in the field of tourism is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Sports and Tourism, local Councils of Deputies, local executive and administrative bodies and other state bodies within their powers provided for by this Law and other legislative acts.

    Article 7. Basic principles and objectives of state regulation in the field of tourism.

    1. The main principles of state regulation in the field of tourism are:
    – respect and observance of the rights, freedoms and legitimate interests of individuals, including individual entrepreneurs, the rights and legitimate interests of legal entities;
    – security;
    equal access of participants in travel activities to travel services, services related to the organization of tourism travel, tourism resources, tourism industry facilities;
    – development of tourism and foreign trade in travel services;
    – small business support;
    protection and development of competition, including the prevention and suppression of monopolistic activities and unfair competition;
    – publicity and openness in the development, adoption and application of state regulation measures;
    – prevention of the harmful effects of tourism on the environment.

    2. The main objectives of state regulation in the field of tourism are:
    – ensuring the rights of individuals to rest, freedom of movement, other rights exercised in the field of tourism;
    – protection of the rights, freedoms and legitimate interests of individuals, including individual entrepreneurs, the rights and legitimate interests of legal entities;
    – ensuring equal access of participants in tourism activities to travel services, services related to the organization of tourism travel, travel resources, tourism industry facilities;
    – protection and rational use of travel resources;
    – creation of the necessary conditions for foreign trade in travel services in accordance with international treaties of the Republic of Belarus, international legal acts constituting the law of the Eurasian Economic Union, taking into account the interests of participants in tourism activities and subjects of the tourism industry of the Republic of Belarus;
    – formation of the idea of the Republic of Belarus as a country attractive for tourists, sightseers;
    – staffing development;
    – development of international cooperation;
    – digitalization.

    Article 8. Priority areas of state regulation in the field of tourism.

    1. The priority areas of state regulation in the field of tourism are the support of the tourism industry, the development of domestic tourism and international inbound tourism.

    2. To support the tourism industry, the development of domestic tourism and international inbound tourism in the Republic of Belarus, the state is taking measures to:
    – creation and provision of favorable conditions for the activities of the subjects of the tourism industry;
    – conducting research in the field of tourism;
    implementation of programs, projects, activities aimed at supporting the tourism industry, as well as the development of domestic tourism and international inbound tourism;
    – creation and development of travel zones;
    – creation and operation of travel information centers;
    the development of excursion services and the development of new routes for excursions;
    – participation of the subjects of the tourism industry in exhibitions, fairs and other events aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units.

    The state is taking other measures aimed at supporting the tourism industry, developing domestic tourism and international inbound tourism.

    Article 9. Powers of the President of the Republic of Belarus in the field of tourism.

    The President of the Republic of Belarus in the field of tourism determines a unified state policy and exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law and other legislative acts.

    Article 10. Powers of the Council of Ministers of the Republic of Belarus in the field of tourism.

    Council of Ministers of the Republic of Belarus in the field of tourism:
    – ensures the implementation of a unified state policy;
    – approves state programs in the field of tourism;
    establishes the procedure and conditions for the creation and operation of travel information centers, as well as their accounting;
    – approves the Rules for the provision of travel services;
    – approves the standard form of the contract for the provision of travel services;
    – exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law, other laws and acts of the President of the Republic of Belarus.

    Article 11. Powers of the Ministry of Sports and Tourism in the field of tourism.

    Ministry of Sports and Tourism in the field of tourism:
    – is a republican government body pursuing a unified state policy;
    coordinates the activities of other government bodies, local executive and administrative bodies;
    – creates conditions for the development of tourism;
    – forms projects of state programs in the field of tourism;
    – carries out, within its competence, informing participants and subjects of tourism activities on the protection of the rights, freedoms and legitimate interests of participants in travel activities, the rights and legitimate interests of subjects of travel activities;
    – requests in writing from the subjects of travel activities, in order to analyze the problematic issues of the implementation of travel activities, documents, reports, information or other materials on issues related to the implementation of travel activities, with the exception of information constituting a commercial or other secret protected by law, information containing personal data;
    – provides, within its competence, to the Ministry of Antimonopoly Regulation and Trade, at its request, information on received applications from participants in travel activities and other information;
    – exercises other powers in accordance with this Law and other legislative acts.

    Article 12. Powers of local Councils of Deputies, local executive and administrative bodies in the field of tourism.

    1. Local Councils of Deputies within their competence in the field of tourism:
    – determine the main tasks and directions for the development of tourism on the territory of the relevant administrative-territorial units of the Republic of Belarus;
    – make proposals on the formation of state programs in the field of tourism;
    approve regional sets of measures that ensure the implementation of state programs in the field of tourism, providing for financing from local budgets;
    – exercise other powers in accordance with legislative acts.

    2. Local executive and administrative bodies within their competence in the field of tourism:
    – create conditions for the development of tourism on the territory of the respective administrative-territorial units of the Republic of Belarus;
    – form and submit for approval to the local Councils of Deputies regional sets of measures that ensure the implementation of state programs in the field of tourism, which provide funding from local budgets, and ensure their implementation;
    – protect the rights, freedoms and legitimate interests of participants in travel activities, the rights and legitimate interests of subjects of travel activities;
    – request in writing from the subjects of travel activities, in order to analyze the problematic issues of the implementation of travel activities, documents, reports, information or other materials on issues related to the implementation of travel activities, with the exception of information constituting a commercial or other secret protected by law, information containing personal data;
    – upon detection of travel services, services related to the organization of a travel trip, of inadequate quality, as well as dangerous to life, health, heredity, property of a tourist, a sightseer and the environment, immediately notify the Ministry of Sports and Tourism;
    – exercise other powers in accordance with this Law and other legislative acts.

    Article 13. State programs in the field of tourism.

    1. In order to ensure the development of tourism, the implementation of the main directions of state policy, and the solution of urgent problems in the field of tourism in the Republic of Belarus, state programs in the field of tourism are being developed and approved.

    2. Financing of state programs in the field of tourism is carried out in the manner prescribed by law, within the funds of the republican and (or) local budgets provided for these purposes, and other sources not prohibited by law.

    Article 14. Interdepartmental expert and coordinating council for tourism under the Council of Ministers of the Republic of Belarus.

    1. The Interdepartmental Expert and Coordinating Council for Tourism under the Council of Ministers of the Republic of Belarus is being created in order to improve the interaction of state agencies, public organizations (associations), associations (unions) and other organizations on:
    – creating favorable conditions for the sustainable development of tourism in the Republic of Belarus;
    – improving the economic efficiency of tourism;
    – formation of a competitive environment in the field of tourism;
    – protection of the domestic market of travel services;
    – implementation of priority areas and main goals of state regulation in the field of tourism;
    – implementation of a unified state policy in the field of tourism;
    attraction and effective use of financial resources for the implementation of programs, projects, activities aimed at supporting the tourism industry, as well as the development of domestic tourism and international inbound tourism;
    – implementation of international treaties of the Republic of Belarus, international legal acts constituting the law of the Eurasian Economic Union, and international programs on the support and development of tourism;
    – ensuring and protecting the interests of participants in tourism activities and subjects of the tourism industry in the field of tourism;
    – improvement of tourism legislation.

    2. The Regulations on the Interdepartmental Expert and Coordinating Council for Tourism under the Council of Ministers of the Republic of Belarus and its composition are approved by the Council of Ministers of the Republic of Belarus.

    CHAPTER 3
    TRAVEL ZONES. TRAVEL INFORMATION CENTERS

    Article 15. Travel areas.

    1. Travel zones are created taking into account the proposals of local executive and administrative agencies, other legal entities, individuals, including individual entrepreneurs. The collection of proposals for the creation of travel zones is carried out by the Ministry of Sports and Tourism.

    Other issues of creating travel zones, not regulated by this Law, are regulated in the manner established by the Council of Ministers of the Republic of Belarus.

    2. The decision to create a travel zone is made by the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus on the basis of the conclusions of the Ministry of Sports and Tourism, local executive and administrative bodies on the feasibility and effectiveness of its creation.

    3. Priority areas of activity in tourist areas, conditions and features of its implementation are determined by the President of the Republic of Belarus.

    4. Travel and other activities carried out in travel zones, not prohibited by law, should not interfere with the goals of creating travel zones.

    Article 16. Travel information centers.

    1. Travel information centers are created on the territory of the Republic of Belarus and beyond its borders by local executive and administrative agencies, other legal entities, individuals, including individual entrepreneurs.

    Ensuring the functioning of tourist information centers created by local executive and administrative agencies in the form of state institutions is carried out at the expense of the relevant local budgets and other sources not prohibited by law.

    2. Travel information centers collect, accumulate, process, analyze and disseminate information about (about):
    – travel resources;
    – proposed excursions;
    – cultural events organized on the territory of the Republic of Belarus;
    – public transport timetable;
    – other information necessary for participants and subjects of travel activities.

    The information provided for in the first part of this paragraph should not be of an advertising nature.

    3. Travel information centers have the right to:
    – collect, accumulate, process, analyze and disseminate the information provided for in part one of paragraph 2 of this article;
    – carry out entrepreneurial activities;
    take part in activities aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units.

    4. Travel Information Centers are required to:
    – ensure the relevance of the information provided for by part one of paragraph 2 of this article;
    – comply with the requirements of the law, including information, informatization and information protection.

    5. Travel information centers may have other rights and bear other obligations in accordance with legislative acts.

    6. Travel information centers must be marked with an information sign, on a green background of which is the letter «i» in white and which is placed on a signboard, information stand (board) at the location of the travel information center.

    7. The creation of travel information centers outside the territory of the Republic of Belarus is carried out in the manner and on the terms established by the legislation of the foreign state in which such an information center is created, in compliance with the requirements established by this Law and other legislative acts.

    CHAPTER 4
    TRAVEL ACTIVITIES

    Article 17. Implementation of travel activities in the Republic of Belarus.

    To carry out travel activities in the Republic of Belarus are entitled exclusively to the subjects of travel activities – residents, unless otherwise provided by international treaties of the Republic of Belarus.

    Article 18. Rights and obligations of participants in travel activities.

    1. Participants in travel activities have the right to:
    – necessary and reliable information about the tour, the tour operator that formed the tour, the exact time of the start of the travel trip, other information provided for by consumer protection legislation, and in case of international outbound tourism – also the information provided for in paragraph five of paragraph 3 of Article 19 and paragraph 2 of Article 20 this Law;
    – freedom of movement, free access to tourist resources, taking into account the restrictive measures adopted in the country (place) of temporary stay (transit travel);
    – protection of their rights, freedoms and legitimate interests;
    – proper quality and safety of the provided travel services;
    compensation for harm in the manner prescribed by this Law and other legislative acts.

    2. Participants in tourism activities are required to:
    – observe the legislation of the country (place) of temporary stay (transit passage), respect the political and social structure, customs, traditions, religions of the population of the visited countries;
    – take care of the environment, cultural values;
    – observe the rules of entry and exit of the country (place) of temporary stay (transit travel);
    independently familiarize themselves with and be guided by the rules of exit from the territory of the Republic of Belarus and entry into the territory of the Republic of Belarus;
    – observe the rules of personal safety of a tourist, a sightseer;
    – fulfill the terms of the contract for the provision of travel services.

    3. Participants in tourism activities may have other rights and bear other obligations in accordance with this Law and other legislative acts.

    Article 19. Rights and obligations of subjects of travel activities.

    1. Subjects of travel activities have the right to:
    – promotion and implementation of tours;
    – obtaining, in accordance with the procedure established by law, in state agencies, other organizations within the competence of information related to the implementation of their activities;
    – sending proposals to the Ministry of Sports and Tourism on the inclusion of activities in the field of tourism in draft state programs in the field of tourism;
    – provision of services related to the organization of tourist travel;
    – compensation for harm in the manner prescribed by civil and civil procedural legislation.

    2. Tour operators, in addition to the rights provided for in paragraph 1 of this article, have the right to:
    – the formation of the tour at its own discretion, by order of participants in travel activities or subjects of the tourism industry;
    – determination of the minimum number of tourists, sightseers necessary for a travel trip.

    3. Subjects of travel activity are obliged to:
    – take the necessary measures aimed at showing respect, observance and protection of the rights, freedoms and legitimate interests of participants in travel activities;
    provide participants in travel activities with the necessary and reliable information about the tour, the tour operator that formed the tour, other information provided for by consumer protection legislation, and in case of international outbound tourism – also information provided for in paragraph 2 of Article 20 of this Law;
    – to select tours for participants in travel activities in accordance with their needs and interests, to avoid mistakes and (or) inaccuracies in the design and (or) booking of the selected tour, including when using automated information systems;
    – when carrying out activities in the field of international outbound tourism, provide participants in travel activities with information on ensuring the fulfillment by the tour operator that formed the tour of obligations under contracts for the provision of travel services in the field of international outbound tourism by means of ensuring the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism (hereinafter , unless otherwise specified, - ensuring the fulfillment of obligations by the tour operator), as well as on the procedure for applying for compensation for property damage by participants in tourism activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator;
    – inform the participants of travel activities the exact time of the start of the travel trip no later than one day before the date of the start of the travel trip or at the time of the conclusion of the contract for the provision of travel services, if less than one day remains before the start of the travel trip;
    – ensure the proper quality and safety of travel services;
    – compensate, in accordance with the procedure established by this Law and other legislative acts, the harm caused to participants in travel activities;
    – fulfill the terms of the contract for the provision of travel services;
    – provide in writing, at the request of the Ministry of Sports and Tourism or local executive and administrative agencies, documents, reports, information or other materials on issues related to the implementation of travel activities, with the exception of information constituting a commercial or other secret protected by law, information containing personal data , within the period specified in this request (at least two business days).

    4. Providing the participants of travel activities with the information provided for in paragraphs three, five and six of clause 3 of this article, under the contract for the provision of travel services, is carried out by the tour operator that formed the tour, or by the travel agent, if the tour is sold to the customer through a travel agent.

    5. Subjects of tourism activities may have other rights and bear other obligations in accordance with this Law and other legislative acts.

    Article 20. Provision by entities of tourism activities of information on compliance with the rules of personal safety of a tourist, sightseer.

    1. In case of international outbound tourism, the subjects of tourism activities are obliged to provide the customer with information on the observance of the rules of personal safety of the tourist, sightseer, before concluding a contract for the provision of travel services, which is certified by the signature of the customer on the last page of the contract for the provision of travel services.

    The customer is obliged to provide tourists, sightseers who are provided with travel services on the basis of a contract for the provision of travel services concluded by this customer, information on compliance with the rules of personal safety of a tourist, a sightseer in writing or in another way that allows confirming the provision of this information by the customer.

    2. The personal safety rules of a tourist, a sightseer include information about (about):
    – requirements for the physical condition of a tourist, a sightseer (age restrictions, health status and other requirements);
    – the basic rules for entry and exit of the country (place) of temporary stay (transit travel), including information on the peculiarities of passing through passport, visa, customs and other control, on fees paid by a tourist, a sightseer during a travel trip, including at checkpoints and arrivals (airports, ports and others);
    – the need to provide guarantees of payment for medical care for entry into the country (place) of temporary stay if the legislation of the country (place) of temporary stay establishes such requirements;
    – customs, traditions of the population of the country (place) of temporary stay (transit passage), religious rites, shrines, cultural values, the state of the environment, the sanitary and epidemiological situation in the visited country;
    – rules of conduct for a tourist, a sightseer in the event of force majeure or other unforeseen circumstances;
    – phone numbers and addresses of diplomatic missions or consular offices of the state of nationality or usual place of residence of a tourist, sightseer in the country (place) of temporary stay (transit travel) or other organizations that can be contacted to protect the rights, freedoms and legitimate interests of tourists, sightseers in country (place) of temporary stay (transit travel);
    – contact details of the representatives of the performer, with whom the tourist, sightseer must keep in touch during the travel trip.

    3. The information provided for in paragraph 2 of this article is provided by the subjects of travel activities in the following order:
    – in the implementation of tours to the subjects of travel activities – within the framework of contracts not prohibited by law, concluded between the subjects of travel activities;
    – when implementing tours to customers – within the framework of contracts for the provision of travel services.

    Article 21. Formation, promotion and implementation of the tour.

    1. The formation of the tour is carried out by the tour operator through the formation of a complex of travel services, as well as the preparation of a travel program.

    The formation of the tour also includes the acquisition by the tour operator of the right to implement the tour, formed by the non-resident tour operator.

    2. The complex of tourist services includes services that the tour operator provides independently and (or) the rights to which he acquires on the basis of contracts with other subjects of the tourism industry, including non-residents.

    3. The travel program includes information about:
    – itinerary of the travel trip, date and place of the beginning and end of the travel trip;
    – order of meeting and seeing off, escorting a tourist, a sightseer;
    – characteristics of vehicles transporting a tourist, a sightseer, the timing of connections (combinations) of flights;
    – characteristics of tourist accommodation facilities, including their location, classification according to the legislation of the country (place) of temporary stay, rules of temporary residence, as well as other mandatory information provided for by the legislation of the country (place) of temporary stay;
    – the procedure for providing food to a tourist, a sightseer during a travel trip;
    – list and description of other travel services provided;
    – the name and location of the tour operator that formed the tour.

    4. Tour promotion includes a set of measures aimed at creating demand for this tour, including through advertising, participation in specialized exhibitions, fairs, creation of Internet portals, publication of catalogs, booklets, publications in the media.

    5. The implementation of the tour to the subject of travel activities is carried out on the basis of an agreement not prohibited by law, concluded between the subjects of travel activities.

    The implementation of the tour to the customer is carried out on the basis of a contract for the provision of travel services, concluded on behalf of the tour operator that formed the tour.

    Article 22. Contract for the provision of travel services.

    1. Under the contract for the provision of travel services, the contractor undertakes, on the instructions of the customer, to provide travel services, and the customer undertakes to pay for them. The rules established by law for the contract for the provision of services shall apply to the contract for the provision of travel services.

    2. The contract for the provision of travel services may provide for the fulfillment of all or part of the obligations of the contractor under this contract by other subjects of the tourism industry involved by him.

    The Contractor is liable to the customer for non-fulfillment or improper fulfillment of obligations under the contract for the provision of travel services by other entities of the tourism industry involved by him.

    3. The contract for the provision of travel services is concluded in writing and, in addition to the essential conditions determined by law, must contain the following essential conditions:
    – the cost of travel services (indicating the total cost of travel services, as well as the cost of each service included in the complex of travel services), the terms and procedure for their payment;
    – information about the performer: name of the subject of travel activity (surname, first name, patronymic (if any) of an individual entrepreneur), location (place of residence), bank details;
    – information about the customer: last name, first name, patronymic (if any) of an individual, including an individual entrepreneur, place of residence, name (company name) of a legal entity, location, contact details;
    – information about tourists, sightseers who are provided with travel services: last name, first name, patronymic (if any), date of birth, details of an identity document, place of residence, rights and obligations;
    – travel program;
    – rights, obligations and responsibilities of the parties;
    – conditions for changing and terminating the contract for the provision of travel services;
    the procedure for settling disputes that have arisen between participants in travel activities and the contractor, and compensation for harm;
    – other conditions regarding which, at the request of one of the parties, an agreement must be reached.

    For international outbound tourism, the contract for the provision of travel services, along with the essential conditions specified in part one of this paragraph, must also contain the following essential conditions:
    – information about the organization that ensures the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism: name of the organization, location, contact details;
    – a list of expenses reimbursed to participants in travel activities, including additional expenses when the liability of the tour operator is insured or secured by a bank guarantee to ensure the fulfillment by the tour operator of obligations in case of causing property damage to participants in tourism activities in connection with the occurrence of cases of impossibility of fulfilling obligations by the tour operator (hereinafter referred to as the bank guarantee);
    – the procedure and terms for applying for a participant in travel activities with a written application (for a bank guarantee - with a written request) for the payment of a sum of money to compensate for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    4. The implementation of the tour by the contractor to the customer is carried out independently or through a travel agent.

    When implementing a tour by a travel agent, the contract for the provision of travel services must contain information about the authority of the travel agent to perform legal actions to implement the tour formed by the tour operator, which are confirmed by a power of attorney issued by the contractor, or by an contract concluded between the travel agent and the contractor.

    5. The customer pays the full cost of travel services to the contractor or travel agent, if they are implementing the tour, in the time and manner stipulated by the contract for the provision of travel services.

    6. A contract for the provision of travel services in writing can be concluded by drawing up one text document, including a document in electronic form (including an electronic document), or by exchanging text documents, including documents in electronic form (including electronic documents), which are signed by the parties personally or using means of communication and other technical means, computer programs, information systems or information networks, if such a method of signing allows you to reliably establish that the corresponding textual contract for the provision of travel services has been signed by its parties (facsimile reproduction of a handwritten signature using mechanical or other means copying, electronic digital signature or other analogue of a handwritten signature that provides identification of the party under the contract for the provision of travel services), and does not contradict the law and the agreement of the parties.

    To conclude a contract for the provision of travel services in electronic form, the contractor or travel agent, if they are implementing the tour, must use an information system that ensures the exchange of information in electronic form between participants and subjects of travel activities in compliance with the requirements of legislation on information, informatization and information protection , as well as in the use of the national segment of the global computer network Internet.

    As the information system specified in part two of this paragraph, the official website of the contractor or travel agent can be used if they implement the tour, in compliance with the requirements of the legislation on information, informatization and information protection, as well as in the field of using the national segment of the global computer the Internet.

    To conclude a contract for the provision of travel services in electronic form, participants in travel activities transfer to the contractor or travel agent, if they are implementing the tour, information about the selected tour, as well as the information provided for in paragraphs four and five of part one of paragraph 3 of this article, by posting it in the information system specified in part two of this clause.

    When concluding, amending, terminating the contract for the provision of travel services or unilaterally refusing to fulfill obligations under the contract for the provision of travel services in electronic form, the contractor or travel agent, if they are implementing the tour, are obliged to issue confirmation to the participants in travel activities from the information system specified in part the second of this paragraph, in the form of a contract for the provision of travel services, an agreement to amend or terminate it, a unilateral refusal to fulfill obligations under the contract for the provision of travel services.

    The procedure for issuing the confirmation provided for by part five of this clause to participants in travel activities is regulated by the Rules for the provision of travel services.

    7. Each of the parties to the contract for the provision of travel services has the right to demand in writing its amendment or termination in connection with a significant change in the circumstances from which the parties proceeded when concluding it, as well as refuse to fulfill obligations under the contract for the provision of travel services in the manner established by this Law and the Civil Code. Code of the Republic of Belarus.

    The refund of the funds paid for travel services upon termination of the contract for the provision of travel services due to a significant change in circumstances is made within fourteen calendar days from the date the customer submits the relevant request, in case of unilateral refusal to fulfill obligations under the contract for the provision of travel services - on time, established by paragraph 2 of Article 38-1 of the Law of the Republic of Belarus of January 9, 2002 N 90-З «On Protection of Consumer Rights».

    Article 23. Provision of travel services, services related to the organization of travel trip, requirements for their quality.

    1. The provision of travel services, services related to the organization of travel trip is carried out in accordance with this Law, the Rules for the provision of travel services and other legislative acts.

    2. The provision of travel services by the contractor to participants in travel activities is carried out on the basis of a contract for the provision of travel services.

    3. The provision of services related to the organization of travel trip is carried out on the basis of:
    – contracts for the provision of travel services – when services related to the organization of a travel trip are part of a complex of travel services;
    – contracts for the provision of services for a fee - when the provision of services related to the organization of a travel trip is not carried out in the complex of travel services.

    Under a contract for the provision of services related to the organization of a travel trip, the contractor undertakes, on the instructions of the customer, to provide services related to the organization of a travel trip, and the customer undertakes to pay for them. The rules established by law for the contract for the provision of services shall apply to the contract for the provision of services related to the organization of a travel trip.

    4. The quality of travel services must comply with the requirements of the contract for the provision of travel services, and the quality of services related to the organization of travel trip must comply with the requirements of the contracts provided for in part one of paragraph 3 of this article.

    In the absence or incompleteness of legal regulation of the quality of travel services, services related to the organization of travel trip, the quality of such services must comply with the requirements usually imposed on services of the corresponding type.

    If the legislation of the country (place) of temporary residence establishes mandatory requirements for the quality of travel services, such services must be provided in compliance with these requirements.

    Article 24. Unilateral refusal to fulfill obligations under the contract for the provision of travel services, the contract for the provision of paid services related to the organization of a travel trip.

    1. The customer has the right to unilaterally refuse to fulfill obligations under the contract for the provision of travel services, subject to payment to the contractor of the actual costs incurred.

    The actual costs incurred include the costs of services provided by the contractor personally, as well as the costs of services provided within the framework of the tour by other entities of the tourism industry involved by him.

    The contractor's expenses related to payment for communication services, utilities, office space rental, travel agent's expenses related to non-cash settlements within the tour, other expenses associated with his business activities are not included in the actual expenses incurred.

    Actually incurred expenses are considered confirmed if the contractor has:
    payment documents on the contractor's expenses within the tour, including the expenses provided for in part two of this paragraph, with a clear indication in such documents of the source at the expense of which the actual expenses were incurred;
    other documents detailing the actual expenses incurred (if such documents are available).

    Documents drawn up in a foreign language must be accompanied by a translation into Belarusian or Russian.

    If the contractor does not confirm the actual expenses incurred, refuses to provide the customer with documents confirming such expenses, or if there is no clear indication in the documents of the source from which the actual expenses were incurred, the contractor is obliged to return to the customer the money paid for travel services in full.

    2. The Contractor has the right to refuse to fulfill obligations under the contract for the provision of travel services only if the customer is fully reimbursed for losses.

    If the contractor refuses to fulfill obligations under the contract for the provision of travel services during the course of a travel trip, he is obliged, at the request of the tourist, the excursionist, to organize their return to the place where the travel trip begins (ends) on conditions no worse than those provided for in the contract for the provision of travel services.

    3. The rules established by paragraph 1 and part one of paragraph 2 of this article apply to contracts for the provision of paid services related to the organization of a travel trip, when the provision of such services is not carried out in the complex of travel services.

    Article 25. Claim procedure for settling disputes.

    1. Before applying to the court with a claim on disputes arising from the contract for the provision of travel services, it is mandatory that the participant in the travel activity submit a relevant claim to the contractor, unless otherwise provided by the contract for the provision of travel services.

    The claim procedure for settling disputes established by part one of this paragraph does not apply to cases of causing property damage to a participant in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    2. If a tour is sold to a participant in tourism activities by a travel agent, the participant in tourism activities sends a claim to the contractor through the travel agent.

    3. The claim of a participant in travel activities, which is a legal entity or an individual entrepreneur, is considered within thirty days from the date of its presentation. In the case when a participant in tourism activities is an individual, the claim of a participant in tourism activities is considered within seven calendar days from the date of presentation of the relevant claim, and if necessary, an examination – within fourteen calendar days.

    4. The claims procedure for settling disputes, established by the first part of paragraph 1 and paragraph 3 of this article, applies, among other things, to the provision of services related to the organization of tourist travel by entities of tourism activities.

    Article 26. Impossibility of the tour operator to fulfill obligations under contracts for the provision of travel services in the field of international outbound tourism.

    1. Cases of impossibility of fulfillment of obligations by the tour operator include:
    – opening bankruptcy proceedings against the tour operator;
    – termination by the tour operator of activities in the field of international outbound tourism or tour operator activities in general;
    – making a decision on the liquidation of the tour operator in accordance with the legislation on state registration and liquidation (termination of activities) of legal entities and individual entrepreneurs;
    – availability of a decision (decree) to suspend operations on accounts and (or) a decision (determination) to seize the funds held on the accounts of the tour operator, adopted (issued) by the authorized body (official);
    – force majeure circumstances (extraordinary and unavoidable circumstances under the given conditions) that have arisen and recognized as such in the country (place) of temporary stay (transit travel), – in relation to contracts for the provision of travel services in the field of international outbound tourism, involving a travel trip to this country ( place);
    – the adoption by a foreign state of a decision to restrict the entry of tourists, sightseers into the country (place) of temporary stay (transit travel) or the occurrence of circumstances indicating the occurrence in the country (place) of temporary stay (transit travel) of tourists, sightseers of a threat of harm to their life, health or property.

    2. It is not allowed for a tour operator or travel agents authorized by him to conclude contracts for the provision of tourist services in the field of international outbound tourism in the following cases:
    – provided for in paragraphs two to five of clause 1 of this article;
    – provided for in paragraphs six and seven of paragraph 1 of this article, if it is intended to make a travel trip to the relevant country (place) of temporary stay (transit travel).

    3. In the event of the impossibility of fulfilling obligations by the tour operator, the tour operator is obliged, within three working days from the date of their occurrence:
    – send information about the occurrence of such cases to the Ministry of Sports and Tourism or a state organization authorized by it;
    – post information about the occurrence of such cases on its official website in the global computer network Internet;
    – notify the participants of tourism activities under contracts for the provision of tourism services in the field of international outbound tourism of the occurrence of such cases.

    The Ministry of Sports and Tourism or a state organization authorized by it within five working days from the date of receipt from the tour operator of the information provided for in paragraph two of part one of this paragraph:
    – enter information into the register of subjects of travel activity (hereinafter referred to as the register);
    – send the information received from the tour operator to the address of the organization that ensures the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism, to resolve disputes related to the compensation of property damage to participants in travel activities caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator;
    – post information received from the tour operator on the official website of the Ministry of Sports and Tourism in the global computer network Internet.

    Organizations that ensure the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism can be:
    – insurance organizations;
    – banks, non-bank credit and financial organizations (hereinafter – banks);
    – associations (unions) that formed the responsibility fund of tour operators.

    4. The date of occurrence of the event of impossibility to fulfill obligations by the tour operator is the day when this event occurred, and if it is impossible to establish the corresponding date, the first day of the month following the month in which this event occurred.

    Article 27. Ways to ensure the fulfillment of obligations by the tour operator.

    1. To conclude contracts for the provision of travel services in the field of international outbound tourism, the tour operator is obliged to ensure the fulfillment of obligations under these contracts through one of the following methods:
    – the contract of voluntary liability insurance of the tour operator that has entered into force for causing property damage to participants in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator (hereinafter referred to as the contract of liability insurance of the tour operator);
    – a bank guarantee issued by a bank on the basis of an contract that has entered into force between the tour operator and the bank on the issuance of bank guarantees (hereinafter referred to as the agreement on the issuance of bank guarantees);
    – participation in the formation of the liability fund of tour operators.

    The methods of ensuring the fulfillment by the tour operator of obligations specified in part one of this paragraph ensure the fulfillment of its obligations in the event of the impossibility of fulfilling the obligations by the tour operator.

    2. The tour operator has the right to ensure the fulfillment of obligations under the agreements concluded by him for the provision of travel services in the field of international outbound tourism in several ways to ensure the fulfillment of obligations by the tour operator.

    Compensation to the participant of travel activities for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator is carried out in the manner and within the limits established by this Law, taking into account the method of ensuring the fulfillment of obligations by the tour operator.

    3. The maximum amount of payments to compensate a participant in travel activities for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator is twice the cost of travel services provided for in the contract for the provision of travel services in the field of international outbound tourism.

    4. The amount of property damage caused to a participant in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator is determined on the basis of:
    – expenses for the return of tourists, sightseers who are provided with travel services on the basis of a contract for the provision of travel services in the field of international outbound tourism, from the country (place) of temporary stay to the place of start (end) of the travel trip;
    – expenses incurred by the customer for payment of travel services in accordance with the contract for the provision of travel services in the field of international outbound tourism.

    5. When causing property damage to a participant in travel activities in connection with the occurrence of cases of impossibility of fulfilling obligations by the tour operator, the participant in travel activities has the right to apply with a written application (according to a bank guarantee – with a written demand) for the payment of a sum of money to compensate for such damage directly to the organization that ensures the fulfillment of obligations by the tour operator under contracts for the provision of travel services in the field of international outbound tourism.

    At a written application (according to a bank guarantee – to a written request) of a participant in travel activities, the following is attached:
    – a copy of an identity document (for an individual) or a copy of the state registration certificate (for a legal entity);
    – a copy of the contract for the provision of travel services (when concluding such an agreement on paper) or confirmation from an information system that provides the exchange of information in electronic form between participants and subjects of travel activities (when concluding a contract for the provision of tourist services in electronic form).

    A participant in travel activities has the right to attach documents confirming the infliction of property damage to him and the amount of such damage in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    The documents provided for by part three of this paragraph, drawn up in a foreign language, are accompanied by a translation into Belarusian or Russian.

    In the case of a tourist, a sightseeing tourist who is (provided) travel services on the basis of a contract for the provision of travel services in the field of international outbound tourism, concluded by the customer, the customer is obliged to issue a copy of this contract to the tourist, excursionist within three working days from the day following after the day they contact the customer.

    6. The organization that ensures the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism, pays a sum of money to a participant in travel activities to compensate for property damage caused to him in connection with the occurrence of cases of impossibility of fulfilling obligations by the tour operator within fifteen calendar days from the day following the on the day of submission by a participant in travel activities of a written application (according to a bank guarantee – a written demand) for the payment of a sum of money, unless otherwise established by paragraph 3 of Article 31 of this Law.

    The basis for the payment of a sum of money to a participant in travel activities as part of ensuring the fulfillment by the tour operator of the obligations stipulated by the contract for the provision of travel services in the field of international outbound tourism is the infliction of property damage to the participant in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    7. The method of ensuring the fulfillment by the tour operator of obligations may be changed by contract of the parties to the contract for the provision of travel services in the field of international outbound tourism, unless otherwise provided by part two of this clause.

    The tour operator is obliged to ensure the fulfillment of obligations under contracts for the provision of travel services in the field of international outbound tourism by one of the ways to ensure the fulfillment by the tour operator of obligations within twenty working days from the date of occurrence of any of the following cases:
    – early termination, refusal to extend the current or conclude a new contract of liability insurance of the tour operator or an contract on the issuance of bank guarantees;
    – reorganization or liquidation of the association (union) that formed the liability fund of tour operators;
    – dissolution by the association (union) of the liability fund of tour operators;
    appeals of the tour operator, which paid contributions to the liability fund of tour operators, to the association (union) that formed the liability fund of tour operators, with a statement of withdrawal from this association (union).

    Change by the tour operator of the method of ensuring the fulfillment of obligations by the tour operator is allowed if the tour operator does not have unfulfilled obligations under contracts for the provision of tourist services in the field of international outbound tourism.

    When changing the method of ensuring the fulfillment of obligations by the tour operator, the tour operator is obliged to notify customers under contracts for the provision of travel services in the field of international outbound tourism within three working days in writing or in another way that allows confirming the sending of this notice by the tour operator.

    The customer who has received a notification from the tour operator about a change in the method of ensuring the fulfillment of obligations by the tour operator, within three working days from the date of receipt of the notification provided for in part four of this paragraph, is obliged to notify tourists, sightseers who are provided with travel services on the basis of an agreement concluded by this customer provision of travel services in the field of international outbound tourism, in writing or in any other way that allows confirming the sending of this notice by the customer.

    In the event of the occurrence of the cases provided for in part two of this clause, for the period provided for changing the method of ensuring the fulfillment by the tour operator of obligations, the period for the presentation of a written application by a participant in travel activities (according to a bank guarantee – a written demand) for compensation for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    8. Disputes related to payments by organizations that ensure the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism, to participants in tourist activities of monetary amounts as compensation for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator, including if the indicated sums of money are allowed in court.

    9. The conclusion by the tour operator of contracts for the provision of travel services in the field of international outbound tourism without ensuring the fulfillment by the tour operator of obligations under these contracts by one of the methods provided for in paragraph 1 of this article is prohibited.

    Article 28. Tour operator liability insurance.

    1. The conditions for the implementation of voluntary liability insurance of the tour operator for causing property damage to participants in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator are determined by the rules of voluntary insurance approved by the insurance organization and agreed by the Ministry of Finance.

    2. The tour operator's liability insurance contract, concluded between the tour operator and the insurance organization, extends its effect to contracts for the provision of travel services in the field of international outbound tourism, providing for such a way to ensure the fulfillment of obligations by the tour operator.

    3. The list of expenses reimbursed to participants in travel activities can be expanded by agreement of the parties to the tour operator's liability insurance contract.

    Article 29. Bank guarantee. Contract on issuance of bank guarantees.

    1. The terms of the bank guarantee are:
    – the name of the tour operator;
    – name of the beneficiary;
    – Name of the bank;
    – date and number of the contract for the provision of travel services in the field of international outbound tourism;
    – the maximum amount of money payable under a bank guarantee, taking into account paragraph 3 of Article 27 of this Law;
    – the validity period of the bank guarantee, which expires six months after the end date of the travel trip;
    – the procedure for a participant in travel activities to present a written request to the bank for the payment of a sum of money under a bank guarantee, taking into account paragraph 5 of Article 27 of this Law and paragraph 4 of this Article.

    2. The tour operator is obliged to apply to the bank for the issuance of a bank guarantee no later than the date of conclusion of the contract for the provision of travel services in the field of international outbound tourism.

    The Bank issues a bank guarantee to the tour operator within three working days from the date of the tour operator's request for its issuance, unless a shorter period is established by the agreement on the issuance of bank guarantees.

    The tour operator is obliged to provide the customer with a bank guarantee along with the documents necessary for the travel trip, unless there are less than three working days left before the start of the travel trip.

    If, before the start of the travel trip, a bank guarantee cannot be issued due to a short period for its issuance, the tour operator is obliged to inform in writing or in another way that allows confirming the sending of such a message by the tour operator, the details of the issued bank guarantee to the customer no later than the date of its issue.

    The customer, within three working days from the date of receipt from the tour operator of a bank guarantee or a message provided for in parts three and four of this paragraph, is obliged to provide these bank guarantees or messages to tourists, sightseers who are provided with travel services on the basis of an agreement concluded by this customer for the provision of travel services in the field of international outbound tourism, in writing or in any other way that allows confirming their provision by the customer.

    3. The list of expenses reimbursed to participants in tourism activities can be expanded by agreement of the parties to the agreement on the issuance of bank guarantees.

    4. A written demand of a participant in travel activities for the payment of a sum of money under a bank guarantee in case of causing property damage to a participant in travel activities in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator may be presented to the bank during the period of its validity for the amount confirmed by the documents specified in parts two – four of paragraph 5 article 27 of this Law.

    5. The contract on the issuance of bank guarantees, on the basis of which a bank guarantee is issued, must contain the following essential conditions:
    – the amount (limit) of the bank's monetary obligation to issue bank guarantees to ensure the fulfillment by the tour operator of obligations under contracts for the provision of travel services in the field of international outbound tourism, determined by agreement of the parties to the agreement on the issuance of bank guarantees, but not less than half the cost of tours in the field of international outbound tourism (hereinafter – cost of tours) for the previous year;
    – the requirement for the issuance of bank guarantees by the bank under each contract for the provision of travel services in the field of international outbound tourism, which provides for such a method of ensuring the fulfillment by the tour operator of obligations;
    – validity period of bank guarantees;
    – rights and obligations of the tour operator and the bank.

    6. The term of the contract on the issuance of bank guarantees is one year, unless a longer period is provided for by this contract.

    7. If the amount (limit) of the bank's monetary obligation is exhausted, the agreement on the issuance of bank guarantees is terminated.

    8. If the tour operator does not change the method of ensuring the fulfillment of obligations by the tour operator, the term of the agreement on issuing bank guarantees is extended by agreement of the parties, or the tour operator concludes a new contract on issuing bank guarantees with the same or another bank.

    Article 30. Tour operator liability fund.–

    1. The liability fund of tour operators can be formed by an association (union) provided that:
    – as part of an association (union) of at least ten tour operators operating in the field of international outbound tourism and planning to form a liability fund for tour operators;
    – in the structure of the association (union) of the board of the association (union), authorized, among other things, to make decisions on the formation of a liability fund for tour operators and on the use of its funds.

    The association (union) forms a liability fund for tour operators based on the decision of the board of the association (union) at the initiative of tour operators operating in the field of international outbound tourism, which are members of this association (union) and plan to form a liability fund for tour operators, in the manner prescribed by this articles.

    2. The tour operator liability fund is formed from the annual contributions of tour operators operating in the field of international outbound tourism and being members of the association (union) that formed this fund, as well as the contributions of tour operators specified in part five of this paragraph.

    The amount of the annual contribution of the tour operator operating in the field of international outbound tourism and being a member of the association (union) that formed the tour operators' liability fund is equal to two tenths of a percent of the cost of tours for the previous year (hereinafter referred to as the annual contribution), taking into account the features provided for in parts fifth and sixth of this paragraph.

    A tour operator operating in the field of international outbound tourism and being a member of an association (union) that has formed a tour operator liability fund is considered a member of the tour operator liability fund from the date when he paid the first contribution to this fund, equal to one fourth of the annual contribution.

    The annual fee is paid in equal installments at least once a quarter. The tour operator specified in part two of this paragraph is entitled to make an annual fee in a lump sum.

    A tour operator that is newly registered in the Unified State Register of Legal Entities and Individual Entrepreneurs or has not previously carried out, but plans to carry out tour operator activities in the field of international outbound tourism and is a member of the association (union) that has formed the tour operators' liability fund, is considered to be a member of the tour operators' liability fund with the date when he paid the first contribution to this fund in the amount determined by the Council of Ministers of the Republic of Belarus.

    The tour operator specified in part five of this paragraph shall pay subsequent contributions to the tour operators' liability fund at least once a quarter in the amount of at least two tenths of a percent of the cost of tours for the previous quarter, starting from the quarter following the quarter in which the first contribution to this fund.

    The fees specified in part six of this clause are paid within one year from the date of payment by the tour operator specified in part five of this clause, the first installment calculated in accordance with part five of this clause. Upon the expiration of the said one year period, such a tour operator is obliged to transfer annual contributions in the amount and in the manner established by parts two to four of this paragraph.

    3. The funds of the liability fund of tour operators are accumulated on a special account in Belarusian rubles opened in a bank by an association (union) (hereinafter referred to as a special account).

    A special account is opened in accordance with the procedure established by banking legislation, regardless of the presence in the bank of decisions (decrees) on the suspension of operations on the accounts of the association (union), decisions (determinations) on the seizure of funds held on the accounts of the association (union) adopted (issued) by the body (official) authorized in accordance with the legislative acts.

    The association (union) has the right to open only one special account for the purpose of forming, storing and using the funds of the tour operators' liability fund in accordance with the intended purpose provided for in paragraph 4 of this article.

    Foreclosure on executive and other documents, which are the basis for debiting funds from accounts in an indisputable manner, on funds held on a special account, is not carried out, the said funds are not seized, operations on a special account are not suspended .

    The provisions of part four of this paragraph do not apply to cases of foreclosure on funds held on a special account, which is carried out on the basis of an executive document, which is the basis for debiting funds from the account in an indisputable manner, the type of collection for which corresponds to the intended purpose of the special accounts, as well as in cases provided for by legislation on the prevention of legalization of proceeds from crime, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction.

    Responsibility for the illegality of foreclosure on funds held on a special account, suspension of operations on this account, seizure of funds on it lies with the heads of authorized agencies (officials) that carry out collection, suspend operations on a special account, imposing an arrest.

    Money funds credited to a special account as a result of a technical error are debited from this account in the manner prescribed by law.

    It is not allowed to transfer funds other than those specified in paragraph 2 of this article to a special account.

    4. The funds credited to a special account have a designated purpose and are used by the association (union) to pay the amounts due to participants in tourism activities in order to compensate for property damage caused in connection with the onset of cases of impossibility of fulfilling obligations by the tour operator.

    In the absence of payments from the liability fund of tour operators for three consecutive years by decision of the board of the association (union) and with the consent of at least half of the total number of tour operators that are participants in the liability fund of tour operators, the funds of this fund in an amount not exceeding ten percent from the current size of the formed liability fund of tour operators, can be used by the association (union) for the organization of exhibitions, fairs and other events aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units, and (or) participation in them of tour operators that are members of the fund responsibility of tour operators.

    It is not allowed to spend funds on a special account for purposes not provided for in parts one and two of this paragraph.

    5. In the event that the tour operator, which is a member of the tour operator liability fund, terminates activities in the field of international outbound tourism or tour operator activity in general, withdraws from the association (union) or changes the method of ensuring the fulfillment of obligations by the tour operator, the funds contributed by this tour operator to the tour operator liability fund shall be refunded to this tour operator, minus the obligations not fulfilled by the tour operator under contracts for the provision of travel services in the field of international outbound tourism (if any), as well as the tour operator's share in this fund spent for the purposes provided for in part two of paragraph 4 of this article.

    A tour operator that is a member of the tour operators' liability fund, by decision of the board of the association (union), is excluded from the number of participants in the tour operators' liability fund if it does not pay contributions to this fund within one year.

    If the number of participants in the tour operator liability fund decreases (less than ten) and the association (union) does not replenish the number of participants in the tour operator liability fund within one year from the date of their reduction, the association (union) is obliged to close the special account, as well as disband the tour operator liability fund with distribution the balance of unused funds of this fund in the manner prescribed by part two of paragraph 6 of this article.

    6. In case of liquidation of an association (union), the association (union), within ten working days from the date of the adoption of the relevant decision or the entry into force of the court decision, if the liquidation is carried out in court on the grounds provided for in part one of paragraph 9 of this article, is obliged to send an application to the bank to close a special account.

    The association (union) must transfer the balance of unused funds from the tour operators' liability fund to the current (settlement) bank accounts of tour operators that are participants in the tour operators' liability fund, in proportion to the size of their contributions to this fund.

    7. When an association (union) is reorganized in the form of transformation, the special account of the association (union) is closed. The association (union) – the owner of a special account, within ten working days from the date of the adoption of the relevant decision, is obliged to send an application to the bank to close the special account, as well as transfer the balance of the unused funds of the tour operators' liability fund to the current (settlement) bank accounts of the tour operators that are members of the fund liability of tour operators, in proportion to the size of their contributions to this fund.

    When associations (unions) are reorganized in the form of a merger, all special accounts are closed. Associations (unions) – owners of closed special accounts, within ten working days from the date of the adoption of the relevant decision, are obliged to send applications to banks for closing special accounts, as well as transfer the balance of unused funds of liability funds of tour operators to a special account of the newly emerged association (union).

    When an association (union) is reorganized in the form of joining another association (union), the association (union) to be joined, within ten working days from the date of the adoption of the relevant decision, must send an application to the bank to close a special account, as well as transfer the balance of unused funds the liability fund of tour operators to a special account of the association (union) to which it joins.

    When an association (union) is reorganized in the form of division or spin-off, the association (union), within ten working days from the date of the relevant decision, must transfer the balance of the unused funds of the tour operators' liability fund to special accounts of the newly established associations (unions) in proportion to the amounts of tour operators' contributions , who are participants in the liability fund of tour operators, to this fund.

    8. In the cases provided for by parts two to four of paragraph 7 of this article, funds from the special account of the association (union) must be transferred to the current (settlement) bank account of the tour operator, which is a member of the tour operator liability fund, if, when the association (union) makes a decision on reorganization this tour operator has submitted an application to the association (union) to change the method of ensuring the performance of obligations by the tour operator.

    The transfer by the association (union) of funds from a special account to the current (settlement) bank account of the tour operator, which is a member of the tour operators' liability fund, is subject to the requirement established by part one of paragraph 5 of this article.

    9. An association (union) that has committed a systematic (three or more times) violation of the law in terms of the formation and use of funds from the liability fund of tour operators is subject to liquidation in court on the basis of a statement of claim by the Ministry of Sports and Tourism.

    In case of liquidation of an association (union) due to systematic (three or more times) violation of the law in terms of the formation and use of funds from the tour operators' liability fund, the balance of unused funds of this fund is distributed in accordance with part two of paragraph 6 of this article.

    Article 31. Payment of sums of money from the liability fund of tour operators, features of its implementation.

    1. A written application of a participant in travel activities for the payment of a sum of money from the liability fund of tour operators due to property damage caused to him in connection with the occurrence of cases of impossibility of fulfilling obligations by the tour operator may be presented by a participant in travel activities to an association (union) before going to court within six months from the date of occurrence of the grounds, provided for by the second part of paragraph 6 of Article 27 of this Law.

    2. If, upon the occurrence of a case where it is impossible for the tour operator to fulfill the obligations provided for in paragraph seven of clause 1 of Article 26 of this Law, the board of the association (union) has not made a decision to pay participants in travel activities, including tourists, sightseers who are outside the territory of the Republic of Belarus, sums of money from the liability fund of tour operators in view of causing property damage to these participants in travel activities, such a decision, taking into account the provisions of paragraph 4 of Article 27 of this Law, is taken by the Council of Ministers of the Republic of Belarus.

    In the event that the Council of Ministers of the Republic of Belarus decides to pay participants in travel activities monetary amounts from the liability fund of tour operators, the participant in travel activities is paid a sum of money equal to the amount of property damage caused to him, but not more than the maximum amount of payments established by paragraph 3 of Article 27 of this Law.

    3. The association (union) is obliged to comply with the decision of the Council of Ministers of the Republic of Belarus on the payment of monetary amounts to participants in travel activities from the liability fund of tour operators within fifteen calendar days from the day following the day this decision comes into force.

    Article 32. Register.

    1. From the day following the day of sending a notification to the local executive and administrative agency at the location (place of residence) of the subject of travel activities about the start of activities to provide travel services, the subject of travel activities has the right to start such activities, regardless of the inclusion of information about this entity and its activities in the registry.

    After the start of the provision of travel services, the subjects of travel activities send information for inclusion in the register in the manner prescribed by this article.

    2. The register is formed in order to record and systematize information about the subjects of travel activities operating in the territory of the Republic of Belarus.

    3. The formation and maintenance of the register is carried out by the Ministry of Sports and Tourism or a state organization authorized by it in the manner established by the Council of Ministers of the Republic of Belarus.

    Information about the subjects of travel activities contained in the register is posted on the official website of the Ministry of Sports and Tourism in the global computer network Internet.

    4. The register includes the following information about the subject of travel activity:
    – name of the subject of travel activity (surname, first name, patronymic (if any) of an individual entrepreneur);
    – location of the subject of travel activity (place of residence of an individual entrepreneur);
    – registration number in the Unified State Register of Legal Entities and Individual Entrepreneurs (for entities of tourism activity - residents) or the register (register) of a foreign state (for entities of tourism activity – non-residents (if such a number is available));
    – account number of the payer (for subjects of travel activity – residents);
    – separate subdivisions (branches, representative offices) of a legal entity (if any), location;
    – organizational forms of tourism;
    – type of travel activity;
    – surname, first name, patronymic (if any) of the head of the subject of travel activities or name (company name) of a legal entity, surname, first name, patronymic (if any) of an individual entrepreneur performing the functions of the sole executive agency of the subject of travel activities;
    – address of the official website in the global computer network Internet, e-mail address (if any), contact details, including the person specified in paragraph nine of this paragraph;
    – information provided by tour operators operating in the field of international outbound tourism on the existence of a tour operator liability insurance contract (number and date of the contract, name of the insurance organization), an agreement on the issuance of bank guarantees (number and date of the contract, name of the bank) or on their participation in the formation tour operator liability fund;
    – information about membership in an association (union), if the subject of travel activity is a member of an association (union);
    – information on the suspension of travel activities, the period of such suspension, the source of publication of such information;
    – information about voluntary certification of travel services (if available).

    5. The subjects of travel activity send information to the Ministry of Sports and Tourism or a state organization authorized by it for inclusion in the register in the following order:
    – subjects of travel activities, with the exception of the subjects of travel activities specified in paragraph three of this paragraph - no later than twenty working days from the date of sending a notification of the start of activities to provide travel services to the local executive and administrative agency at the location of the legal entity (place of residence of the individual entrepreneur) in the manner prescribed by law;
    – tour operators carrying out or planning to carry out tour operator activities in the field of international outbound tourism, carrying out or planning to carry out travel agency and tour operator activities in the field of international outbound tourism - no later than twenty working days from the date the tour operator has a method to ensure the fulfillment of obligations by the tour operator (if there are several ways to ensure fulfillment of obligations by the tour operator – from the date of occurrence of the first of these methods).

    6. The submission of information by the subject of travel activities to the Ministry of Sports and Tourism or a state organization authorized by it for inclusion in the register, as well as the provision of information from the register, is carried out in the forms established by the Council of Ministers of the Republic of Belarus, in writing in the manner established by the legislation on administrative procedures.

    The submission of information by the subject of travel activities to the Ministry of Sports and Tourism or a state organization authorized by it through an electronic document is carried out through a single portal of electronic services of a nationwide automated information system.

    7. When submitting to the Ministry of Sports and Tourism or a state organization authorized by it by courts, other state agencies of court decisions or decisions of other state agencies on the impossibility of fulfillment by subjects of travel activities of contractual obligations to subjects and participants in travel activities, the Ministry of Sports and Tourism or a state organization authorized by it shall make these information in the registry. When canceling such resolutions or decisions, the Ministry of Sports and Tourism or a state organization authorized by it shall make changes to the information contained in the register.

    8. To make changes to the information contained in the register, as well as to delete information from the register, the subject of travel activity sends information to the Ministry of Sports and Tourism or a state organization authorized by it no later than twenty working days from the date of the corresponding change (grounds for exclusion from the register).

    9. The grounds for excluding information about the subject of travel activity from the register are:
    exclusion of the subject of travel activity from the Unified State Register of Legal Entities and Individual Entrepreneurs or the relevant register (register) of the foreign state in which the subject of travel activity is registered;
    termination of activities by the subject of travel activities.

    10. The inclusion of information in the register, the introduction of changes and (or) additions to the information contained in the register, and the exclusion of such information from it are carried out by the Ministry of Sports and Tourism or a state organization authorized by it within five working days from the date of submission of information by subjects of travel activities, courts, other state agencies.

    CHAPTER 5
    ORGANIZATION OF EXCURSION SERVICE

    Article 33. Excursion service.

    1. Excursion service is carried out on the basis of:
    – contracts for the provision of travel services, when such services are part of a complex or a complex of travel services provided during or in connection with a travel trip;
    – contracts for the provision of excursion services, when such services are provided by providing tourists with the services of guides, guide-interpreters, persons working in organizations when conducting excursions in these organizations, subjects of travel activities, other persons entitled to conduct excursions;
    – other agreements not prohibited by law, providing for the conditions of excursion services.

    When providing excursion services using audio guides (mobile guides for excursions), audio guides (mobile guides for excursions) are provided to excursionists by the entities specified in paragraph three of part one of this paragraph.

    2. The contract for the provision of excursion services is considered concluded in the proper form:
    – when compiling one text document, including a document in electronic form (including an electronic document), or exchanging text documents, including documents in electronic form (including electronic documents), which are signed by the parties themselves or using communication and other technical means , computer programs, information systems or information networks, if such a method of signing allows you to reliably establish that the corresponding textual contract for the provision of excursion services is signed by its parties (facsimile reproduction of a handwritten signature using mechanical or other copying tools, electronic digital signature or other analogue of a handwritten signature, providing identification of the party under the contract for the provision of excursion services), and does not contradict the law and the agreement of the parties;
    – from the moment the tourist is issued a document generated by cash register equipment and (or) a payment terminal and confirming payment for excursion services, regardless of the form of payment, or from the moment the payment for excursion services is made through an automated information system of a single settlement and information space of the Republic of Belarus;
    – from the moment of issuing a receipt for excursion services in the form established by the Ministry of Sports and Tourism, and a cash receipt or other payment document confirming payment for excursion services.

    Article 34. Conducting excursions on the territory of the Republic of Belarus.

    1. Excursions on the territory of the Republic of Belarus have the right to conduct:
    – guides, guide-interpreters who have passed professional certification, confirming the qualifications of guides, guide-interpreters;
    – persons working in organizations, when conducting excursions in these organizations;
    subjects of travel activities;
    – other persons entitled to conduct excursions.

    2. The procedure and conditions for passing professional certification, confirming the qualifications of guides, guide-interpreters, are established by the Council of Ministers of the Republic of Belarus.

    3. Audio guides (mobile tour guides) used for excursion services are subject to certification and subsequent accounting in cases and in the manner established by the Council of Ministers of the Republic of Belarus.

    4. Conducting excursions on the territory of the Republic of Belarus in violation of the requirements established by this article is prohibited.

    Article 35. National register of guides and guide-interpreters of the Republic of Belarus.

    1. The Republic of Belarus maintains the National Register of Tour Guides and Guide-Translators of the Republic of Belarus, which includes information about guides, guide-interpreters who have passed professional certification, confirming the qualifications of guides, guide-interpreters.

    2. The formation and maintenance of the National Register of Tour Guides and Guide-Translators of the Republic of Belarus is carried out by the Ministry of Sports and Tourism or a state organization authorized by it in the manner established by the Council of Ministers of the Republic of Belarus.

    CHAPTER 6
    SAFETY IN THE SPHERE OF TOURISM. RESPONSIBILITY FOR VIOLATION OF THE LEGISLATION ON TOURISM

    Article 36. General issues of security in the field of tourism.

    1. Security in the field of tourism is understood as the safety of life, health, property of tourists, sightseers, not causing harm to the environment when making travel trips, information support for participants and subjects of tourism activities, protection of the rights, freedoms and legitimate interests of participants in travel activities, the rights and legitimate interests of subjects of travel activity.

    2. The Ministry of Sports and Tourism, on the basis of information posted on the official websites of the Ministry of Foreign Affairs or other state agencies in the global computer network Internet or provided by the Ministry of Foreign Affairs or other state agencies, within 72 hours from the moment of its receipt, informs the participants and subjects of travel activities about the countries (places), visiting which currently poses a threat to the safety of tourists, sightseers, by posting relevant information on its official website on the global computer network Internet, as well as in other ways not prohibited by legislative acts.

    Article 37. Issues of security of participants in travel activities in case of emergency.

    1. In the event of emergency situations within the territory of the Republic of Belarus, the state takes measures to protect the life, health and property of tourists, sightseers.

    2. In the event of emergencies and other force majeure circumstances outside the territory of the Republic of Belarus during international outbound tourism, the state takes measures to protect the life, health and property of tourists, sightseers, including measures to evacuate them from the country (place) of temporary stay (transit travel ).

    Article 38. Responsibility for violation of tourism legislation.

    Persons guilty of violating tourism legislation are liable in accordance with legislative acts.

    CHAPTER 7
    FINAL PROVISIONS

    Article 39. Recognition of invalid laws and a separate provision of the law.b>

    Recognize invalid:
    – Law of the Republic of Belarus of November 25, 1999 N 326-Z «On Tourism»;
    – Law of the Republic of Belarus of December 15, 2003 N 257-Z «On the Introduction of Additions and Amendments to the Law of the Republic of Belarus «On Tourism»;
    – Law of the Republic of Belarus of January 9, 2007 N 206-Z «On Amendments and Additions to the Law of the Republic of Belarus «On Tourism»;
    – Law of the Republic of Belarus of June 16, 2010 N 139-Z «On Amendments and Additions to the – Law of the Republic of Belarus «On Tourism»;
    article 7 of the Law of the Republic of Belarus dated December 22, 2011 N 326-Z «On amendments and additions to certain laws of the Republic of Belarus»;
    – Law of the Republic of Belarus of July 18, 2016 N 410-З «On Amendments and Additions to the – – Law of the Republic of Belarus «On Tourism».

    Article 40. Transitional provisions.

    1. Contracts for the provision of travel services concluded prior to the entry into force of this Law shall be valid for the period specified in them and shall not be subject to adjustment in accordance with the requirements of this Law.

    2. Associations (unions) planning the formation of a liability fund for tour operators as a way to ensure the fulfillment of obligations by the tour operator, after the entry into force of this Law, are required to bring their charters in line with this Law.

    Until it is brought into line with this Law, the statutes of associations (unions) shall be valid to the extent that they do not contradict this Law.

    Article 41. Measures to implement the provisions of this Law.

    To the Council of Ministers of the Republic of Belarus until January 1, 2023:
    – ensure that legislative acts are brought into line with this Law;
    – take other measures to implement the provisions of this Law.

    Article 42. Entry into force of this Law.

    This Law shall enter into force in the following order:
    – articles 1–31, paragraphs 1–5, part one of paragraph 6, paragraphs 7–10 of article 32, articles 33–40 - – from January 1, 2023;
    – part two of paragraph 6 of Article 32 – from January 1, 2024;
    – other provisions – after the official publication of this Law.

    President of the Republic of Belarus A. Lukashenko