The purpose of the amendments of Tourism Act (TA), part of them came into force on 04.05.2018 and another shall come into force on 01.07.2018, is the establishment of rules for tourist packages and services. In addition, the administrative burden on businesses and citizens is reduced and EU tourism legislation requirements are transposed.
With the new amendments the legislator defines terms and conditions and order for creation of tourist packages and related tourist services and categorization of tourist places of interests and accommodations. On the next place is the regulating of the responsibility of the tour operators and the merchants, which alleviate the provision of related tourist services in case of insolvent tourist operators.
In accordance with The Law of amendments and supplements of The Law of Tourism the tour operator is an individual, legally incorporated and registered with the Register of tour operators and tourist agents for execution of tour operator activity, which individuals prepare tourist packages and sell them or offers them for sale.
Various types of tourist services are subject to regulation:
- a transport of passengers;
- an accommodation, which is not an integral part of passengers’ transportation and is not for housing needs;
- rent a cars and motorcycles, which require a driving license, and rent of other vehicles;
- any other tourist service, which is not an integral part of previous tourist service.
Contract of tourist package
It includes all services by providing one tourist package. The contract could be the sum of all individual contracts, which are required for tourist services included in one tourist package. The tourist package is a combination of at least two different types of tourist services for the purposes of one and the same trip or vacation. The tourist services should be compounded by one trader or individual contracts should be concluded with the separate deliverers for each tourist service. The Contract for tourist package consists of information about the existing procedures for appeals and the alternative consumer dispute resolution in accordance with the Consumer Protection Act. A platform for online dispute resolution in accordance with the Regulation (EU) № 524/2013 of the European Parliament and of the Council of 21 May 2013 is provided for.
Transfer of rights under the contract
This will be allowed after the amendments by the passenger to any third passenger. The individual should comply with the requirements of the contract. It is obligatory the tour operator to be notify for the transfer at least 7 days before the start of tourist package.
Increase of the price
The price of the tourist package could be increased under two conditions – the contract must stipulated expressly this opportunity and to provide that the passenger has the right of price reduction as well. The last one should be proportional to the conditions for increase. The price increase of the tourist package is possible only as an exception in accordance with changes in:
- the price of passenger transport, which is because of the change in the price of the fuel or another energy sources;
- the amount of the tolls and charges applied on the services included in the contract and set by a third party (including tourist fees, charges of landing or fees for landing or disembarkation in ports and airports);
- exchange rates, related to the tourist package.
In case the passenger terminates the Contract for tourist package, he or she may accept his substitute with the same or higher quality, if the tour operator proposes one. The passenger may terminate the Contract of tourist package at any time before the start if the execution of the tourist package. The contract may provide charges for early termination. They are to be calculated as at the moment, when the contract will be terminated.
The passenger may request a price reduction, compensation for material and non-material damages, as well as may terminate the contract without additional charges in cases of considerable discrepancies between the contractual and actually provided services.
The passenger has the right of an appropriate price reduction for the time during which there was a discrepancy between the services provided and the contract.
The passenger shall not be entitled to damages if the tour operator proves that the discrepancies are due to: the passenger; third person; insurmountable and extraordinary circumstances.
The passenger may send messages, requests or complaints about the execution of the tourist package to the travel agent, who shall forward them to the tour operator.