Memo to tourists when contacting travel companies

The Department of Tourism of the Ministry of Sports and Tourism, taking into account the current innovations of the Law of the Republic of Belarus dated November 11, 2021 No. 129-З “On Tourism”, recommends that consumers of tourism services, if they intend to order services from travel companies:
1) read open sources with information
about the travel company in which it is planned to purchase a tour or order individual services, first of all, for the existence of this company. Information about the status of a travel company can be obtained on the official website of the Unified State Register of Legal Entities and Individual Entrepreneurs www.egr.gov.by.
In addition to information about the existence of a travel company, it is also advisable to obtain information about the availability of information about it:
in the register of subjects of tourism activity, the formation
and administered by the Department of Tourism,
at the following link: https://mst.gov.by/ru/turizm/reestr-subektov-turisticheskoj-deyatelnosti.html;
in the Unified State Register of Information on Bankruptcy
at the following link: https://bankrot.gov.by/;
on the website of the journal “Justice of Belarus” for information
on the liquidation of a travel company by clicking on the following link: https://justbel.info/.
The above information and other necessary legal advice can also be obtained by contacting
to the Department of Tourism by phone: +375 (17) 327-23-25 (consultant of the Department of Tourism Krechetov Alexander Igorevich).
2) when contacting the tour operator for the purchase of services, read the terms of the contract. Please note that the contract for the provision of tourist services is drawn up in accordance with
with the standard form established by law, mandatory for the preparation of these contracts, and should not contain conditions that are contrary to law. For other types of services, the standard form of the contract is not provided.

The standard form of the contract for the provision of tourist services is established in accordance with the annex to the Resolution of the Council of Ministers of the Republic of Belarus dated August 11, 2022 No. 523, the text of this resolution is available at the following links:

https://mst.gov.by/ru/zakonodatelstvo/turizm/postanovleniya.html;
https://pravo.by/document/?guid=12551&p0=C22200523.
Please note that the customer has the right to ask
the tour operator has the text of the future contract for self-acquaintance outside the office premises. Coercion of the tour operator
to the early signing of the contract is not allowed due to the freedom of contracts defined by law.
Refusal of a potential customer to sign a contract
does not entail legal consequences for him in the form of payment of a penalty
and other amounts. This provision does not apply to cases where
certain actions have already been taken in favor of the future contract, for example, the customer has contributed part of the funds for travel services.
If the customer intends to purchase travel services
a contract for the provision of tourist services must be concluded with the customer without fail in writing. At the same time, the written form of this agreement allows its conclusion both by drawing up one text document and by other means provided for by the Law of the Republic of Belarus “On Tourism”, as well as
and in electronic form through the website of a travel agent or tour operator.
An agreement must also be concluded in writing when ordering certain services related to the organization of a tourist trip (consulting, visa support, selection of tours).
The essential terms of the contract for the provision of tourist services include:
the cost of tourism services (indicating the total cost of tourism services, as well as the cost of each service included
in the complex of tourist services), the terms and procedure for their payment;
information about the performer: name of the subject of tourism 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 tourist services: last name, first name, patronymic (if any), date of birth, details of an identity document, place of residence, rights and obligations;
tourist travel program;
rights, obligations and responsibilities of the parties;
conditions for changing and terminating the contract for the provision of tourist services;
the procedure for settling disputes that have arisen between participants in tourism 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.
At the same time, if the implementation of the tour outside the Republic of Belarus is supposed, the contract for the provision of tourist services should also provide for:
information about the organization that ensures the fulfillment by the tour operator of obligations under this agreement: the name of the organization (insurance organization, bank or association (union), location, contact details;
a list of expenses reimbursed to participants in tourism activities, including additional expenses when the liability of the tour operator is insured or secured by a bank guarantee;
the procedure and terms for applying for a tourist activity participant
with a written application (according to a bank guarantee – with a written request) for the payment of a sum of money to compensate for property damage.
Please note that these conditions apply only in the event of one of the following cases:
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
with the legislation on state registration and liquidation (termination of activity) of legal entities and individual entrepreneurs;
availability of a decision (decree) to suspend operations
on accounts and (or) resolutions (determinations) on the seizure
on funds held on the accounts of the tour operator accepted (withdrawn) by the authorized body (official);

force majeure circumstances (extraordinary and unavoidable circumstances under the given conditions) arising and recognized as such in the country (place) of temporary stay (transit travel) – when making a tourist 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 passage) or the occurrence of circumstances indicating the occurrence in the country (place) of temporary stay (transit passage) of tourists, sightseers of the threat of harm to their life, health or property.
In the event of these cases, the tour operator is obliged, within three working days from the date of their occurrence:
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.
At the same time, such information is reflected in the register of subjects of tourism activities (https://mst.gov.by/ru/turizm/reestr-subektov-turisticheskoj-deyatelnosti.html), and is also sent to the address of the organization that ensures the fulfillment of obligations by the tour operator.
Please note that this regulation
does not apply to the provision of services of inadequate quality,
as well as other cases of improper performance by the tour operator of obligations under the contract for the provision of tourist services, since in this case the tour operator and the customer resolve these issues on their own
in a claim or other pre-trial procedure.
A claim or other pre-trial dispute resolution procedure is mandatory in the event of any disputes arising from a contract for the provision of tourist services, and must be observed before the customer (tourist, sightseer) applies to the court.
When implementing a tour outside the Republic of Belarus to the customer
without fail, against signature in the corresponding column of the contract for the provision of tourist services, information is provided on compliance with the rules of personal safety of a tourist, a sightseer.
We also draw attention to the fact that if the contract for the provision of tourist services does not reflect all of its essential conditions, such an agreement is considered not concluded. In this regard:
the contract for the provision of tourist services is void,
it does not entail any legal consequences, except for those related to its invalidity;
the tour operator or the travel agent authorized by him has no grounds for accepting funds from the customer for tours, just as the tour operator is obliged to return to the customer everything received under such an agreement.
Simultaneous provision of tourism services or services related to
with the organization of a tourist trip, without concluding a contract
not allowed. Otherwise, the tour operator may be involved
to administrative liability for violation of the law
on trade and public catering, provision of services to the population, which also includes the Rules for the provision of tourist services.
We also consider it appropriate to note that the implementation of tours is carried out by the contractor independently or through an authorized travel agent.
The travel agent is not a party to the contract for the provision of tourist services, since it acts as a representative of the contractor. However
the contract must provide for the conditions on the powers entrusted to it, including signing the contract on behalf of the contractor, selecting tours at the request of customers, accepting funds from them
for tours and other legally significant actions.
The customer has the right to demand, and the travel agent is obliged to present a copy of the power of attorney or an excerpt certified by the contractor
from the contract concluded between the travel agent and the contractor.
When concluding a contract for the provision of tourist services through an information system on the website of a travel agent or tour operator, the contractor or an authorized travel agent is obliged to issue a confirmation to the customer from the information system in the form of a contract for the provision of tourist services.
The Contractor or an authorized travel agent issues the specified confirmation by sending it to the e-mail address of the tourist activity participant no later than the day following
after the day of conclusion of the contract for the provision of tourist services.

The contractor or an authorized travel agent refuses to issue a confirmation from the information system if the customer does not specify an e-mail address to which the contractor or authorized travel agent should send this confirmation.
All information about tourist services must be complete
and reliable, the harm caused as a result of the provision of incomplete or inaccurate information is subject to compensation in full. At the same time, the contractor may also be held administratively liable for deceiving consumers.
Taking into account the fact that many travel companies provide visa support to tourists, please note that, according to the rules of the Rules for the provision of tourist services, the contractor or an authorized travel agent, upon receipt from the customer of the documents necessary to obtain a visa (visas) to the country (place) of temporary stay (transit travel), if necessary, consults on the execution of these documents, and also warns of the reasons that may lead to a refusal to open a visa (visas).
The contractor or an authorized travel agent has the right to refuse
in accepting documents from the customer in case of reasonable doubt
in the correctness of their execution, except in cases where the customer
in writing guarantees the correctness of the execution of the documents submitted by him personally or by submitting confirmation.
The original documents required for the provision of tourist services, the customer transfers to the contractor under the act of acceptance and transfer of documents, which is drawn up in two copies. One copy remains with the contractor, the other is transferred to the customer.
For the commission by the customer (tourists, sightseers), the contractor is obliged to timely submit to the customer the documents necessary for making a tourist trip (tickets
for transportation, documents for checking into a hotel, visas, etc.).
It is important to note that neither the contractor nor the customer has the right
unilaterally change the essential terms of the contract for the provision of tourist services. Exceptions are cases when:

the volume and quality of tourist services do not comply with the terms of the contract for the provision of tourist services. In this case, the tourist services provided during the implementation of the tourist trip are replaced with tourist services of the same or higher quality at no additional cost to the customer,
and with the consent of the customer – tourism services of lower quality
with compensation to the customer for the difference;
the contractor changes the itinerary of a tourist trip if these changes are caused by emergency situations and other force majeure circumstances or security requirements.
3) when paying for travel services or services related to
with the organization of a tourist trip, the customer has the right to demand the provision of a cash receipt or other payment document.
Despite the consolidation in the contract for the provision of tourist services of the conditions on the cost of tourist services, the terms and procedure for payment, the contract is not a payment document.
Therefore, to confirm the payment for tourist services, the customer has the right to demand, and the contractor is obliged to issue a cash receipt or other payment document. Refusal to issue these documents is an administrative offense if no more serious violation can be traced in the actions of the contractor’s employees.
It is important to note that the contractor is prohibited from restricting the consumer in the method of payment for tourist services or giving preferences to certain payment methods, since the Law of the Republic of Belarus dated January 9, 2002 No. 90-З “On Protection of Consumer Rights” defines cash and non-cash forms of payment as equal.
At the same time, payment for tourist services must be made either to the contractor or to an authorized travel agent, if the tour is carried out through it if the travel agent has the necessary powers.
The terms of the contract for the provision of tourist services, conditions other than those described above, are void.

Department of Tourism
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