The expert: “the discrimination of domestic tourism need to be addressed”
Lately, more and more experts agree that the Russian Tourist-laws urgently need to re-format in accordance with the new challenges of the time. His Vision of the Situation in an Interview with the TRN is expressed by the Chairman of the Moscow bar Association “Gorelik and partners” Vladimir Gorelik.
– Today I have to enter a completely new approach to the formation of the tourist legislation of the Russian Federation?
– In my opinion, the legislation on the tourism must be improved, and the changes primarily relate to issues should to safeguard the legitimate rights and interests of the tourists. In the analysis of the provisions of the Federal law of 24.11.1996 no. 132-FZ “About bases of tourist activity in the Russian Federation”, the guarantee and the mechanisms of legal protection of tourists and the restoration of the rights infringed, the impression that the deputies of the state Duma, the him and also the officials of the Ministry of culture, the large tour operators, and other interested persons on the development into account, thought about everything, but only not on the final consumers of tourist services.
Lately, much has changed geopolitical Situation. And it requires a conceptual revision of tourism legislation. The Transformation of relations with Turkey and other States, the escalation of violence and increasing tensions in the relationship of a number of countries committed to the legislature’s focus in the direction of more than a thorough reappraisal of safety issues external tourism.
– What are the provisions of the existing law, in your opinion, can you? And that it’s worth it to replace it?
– In the law on tourism should rework term “Tourist” and “emergency help”. They also protect the consumer against unfair intermediaries-travel agencies by a uniform System of contractual relations.
After the bankruptcies of major tour operators in 2012 in execution of the Federal law dated 03.05.2012 no. 47-FZ the non-Profit organization “Turpomosch”. Your main objective is to support for tourists in emergency situations by the means of the Fund, consisting of regular contributions of travel agencies and tour operators – members of NGOs. In the year 2012, it really works, and a considerable number of tourists – clients of “burst” tour operator could, to Russia and return, the higher the violence and with minimal losses.
But a considerable number of tourists may not expect an emergency help, there remains outside of the caring paternalism of the Association. According to article 1 of the Federal act, additional help must be given only in the field of Outbound tourism by the evacuation of tourists from the country of temporary stay. In the episode the great mass of Russians, who travel to Russia, proves to be the tourists in the second class, not worthy of “Турпомощи” in case of urgent circumstances.
Such selectivity of the legislature contrary to the principles of equality of participants of the tourist market, and unreasonably restricted the right of a significant number of people to help. Internal tourists have the same fundamental rights as the outing, you will pay the cost of the tourist product, so that the tour operators and travel agencies are obliged, in the same way to support both types of tourism.
The discrimination of domestic tourism is particularly significant when the size of the territory of Russia, a large number of climate zones, the growing popularity of extreme tourism in remote and hard-to-reach areas of the country.
It is obvious that a Tourist, the affected due to fraud tour operator and, for example, on the Kuril Islands or on the Peninsula of Kamchatka, in much more difficult Situation than his counterpart in Israel or Tunisia. For the harmonious development of domestic tourism, lawmakers must give all travellers the right to relief at the departure from the place of residence, but not for the state.
Not for the benefit of the tourists, the legislator and the concept of emergency aid. Article 1, Federal law determines the emergency, such as the Organisation of the evacuation of tourists from the country of temporary stay, the Association of tour operators. That is, the logic of the Association of tour operators towards the tourists: “When I on unscrupulous tour operators, then so be it, we are you choose the minimum funds to get back home, and more, no more. And in the home itself, you need to clarify this with your torn to relax and tour operator”. It is obvious that not the evacuation and the creation of conditions for the continuation of the recovery – which is a good Alternative, the decorated and the legislature, and the Association of tour operators as a guardian for the interests of the tourists, the justice and the development of tourism in General.
We refer to a further issue that requires an immediate solution. As is known, the subjects of tourist activities along with the tourists are tour operator and travel Agency. The most important difference between the two is that the tour operator deals with the formation and implementation of the tourist product, completed with airlines, Hotels, restaurants and other organizations, many transactions and the travel agent acts as an intermediary and connects the tour operators with tourists.
After the widespread now regulation of the contractual relationship is the money of the tourists for the product at the time of the transaction do not fall to the tour operator and travel Agency. This creates for residential additional risks. Particularly unpleasant for him, the Situation occurs when an unscrupulous travel agent disappears along with the money.
In civil law there is already the System of relations that makes it possible to protect tourists from the arbitrariness of the intermediaries. For some unknown reason in the travel industry, this scheme of registration of shops practically are not applied. I my contract of Agency (Chapter 49 of the civil code), in the framework of a travel Agency, acting through the tour operator, and in his name, can not accept money from end-users, but only gets Commission from the tour operator. This Form of work promotes the transparency of the market, the reduction of the balancing members, to minimize the risk of the participation of unscrupulous travel agents, reduction in price of a tourist product and, the main thing, the effective protection of the interests of the tourists – payer.
Who should have the primary responsibility for the safety of tourists in the implementation of product-Tour?
So far, the legislature has very indifferent dealt with the question of the link between terrorist threats systematically in the various regions of the world, with the legal system, the tourist industry, and not cared about the development of the legal mechanism to ensure the safety of tourists by terrorist activities.
In accordance with article 11.1 FZ Association of tour operator has an emergency assistance during the tour, if the non-fulfillment or inadequate fulfillment of the obligations arising from the contract on the implementation of the tourism product, a tour operator. This means that the man-made disasters, natural disasters, the negative social and economic processes (acts of terror, Revolution, seizure of hostages, etc) do not belong in the Zone of responsibility of the tour operator and “Турпомощи”.
In this Situation, before the legislature enters an Alternative: or the confrontation with the significant outflow of tourists is very attractive for directions, the with the activation of terrorist activities, either at the legislative level, to fundamentally revise the algorithm to protect the interests of the tourists that provides you the real security on all the routes of movement and at the place of rest, but also their immediate evacuation at the occurrence on the demand.
Of course, this version is an adaptation of the national law and the assumption that between all the parties involved in a number of international agreements, which the geography of terrorism and the interests of the Russian tourists in great demand on the planet.
– Whether in the Russian Federation Registry of travel agencies?
– Every state registry is based on the effort of the state to organize the work on the current directions. Such measures are justified because they offer the possibility to control the state and the activity of travel agencies and their compliance of the mandatory conditions, without the observance of legal Person is not entitled, sale of tourist products and services.
– What should be on the basis of his system (considering the circumstances)?
– In terms of the tourism activities subject to the obligation to report such information about the participants of the market, such as your name, identification numbers, information about the owner, Manager, etc
– There is a foreign successful experience in this question?
– In most developed countries is the practice of mandatory state registration not only tour operator but also travel agencies, but also the other participants of the tourist market.
In the United States regulation of the activity of tour operators is done on a regional level through the application of regulations which have been accepted and are in six States (California, Florida, Iowa, Washington, Hawaii, Nevada).
For example, tour operators that their activities on the territory of the state of California, must “of the company compensation consumers of tourist services”.
Was registered In France by natural and legal persons, the tourist activities occur in the registry of tour operators, the Agency for the development of tourist fare France.
Similar structures there are in Japan, Finland, Germany, the UK and in many other countries.