Sample contract for the provision of travel services. Contract for the provision of tourist services

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Essential terms of the contract for the provision of tourist services

The Civil Code does not contain information on what conditions are essential for a transaction for the provision of tourism services.

Such relationships apply general requirement law. In addition, the relationship between customers and the company is also regulated by the Consumer Rights Protection Law.

Among important conditions of these transactions, it is necessary to highlight the following:

The firm offers tourist trips. Accordingly, the subject will be to provide the client with a paid package of benefits. This may be accommodation in a particular hotel, transport from the airport (on the provision of a contract transport services read), excursion program and so on. Since the essence and implementation of such relationships may include a large set of sentences, the subject should be defined as clearly as possible. The scope of the travel agency's responsibilities should be clearly and unambiguously stated in the document;
The duration of the tour and its direction. The agreement must include an indication of the country or region where the client is sent, as well as an indication of the paid period;
The mutual powers and obligations of the parties to the agreement must also be specified very precisely;
The voucher may not include a flight to the place of rest, so this point should also be reflected in the agreement;
The cost of the travel agency. This important element agreements. In this case, the transaction price will include several positions. Each of them must be listed separately. The client must see what the cost of the tour consists of.

The document should be as specific as possible. It is necessary that the features of the flight, accommodation, related services be indicated there.
If the tour includes visa fees or travel agency fees for visa assistance, this should also be reflected.

Features of the contract for the provision of tourist services

A feature of such transactions is that their execution is often carried out outside of Russia. Therefore, international agreements in the field of tourism inevitably come into play. Of great importance medical policy as well as insurance.

These elements directly affect the cost of the tour.

At the same time, the relationship between the parties is regulated exclusively Russian legislation. These transactions are bilateral, as they are concluded between the consumer of the service and the travel company. In addition, they are paid, as they require mandatory payment for the company's actions.

Responsibility of the parties under the contract for the provision of tourist services

The contractor and the customer have mutual obligations towards each other. If the clauses of the agreement are violated, then it would be logical for such a party to provide for liability.

As a rule, these are monetary penalties. They come as a result of a variety of actions. For example, discrepancies of the provided service with the declared and paid characteristics.

In these cases, the firm is obliged to compensate the client for the damage. The amount of compensation is specified in the contract.

But, as a rule, it is determined by the client independently and is set out in the pre-trial claim. And if the company does not satisfy his requirements on a voluntary basis, then the issue of compensation will be decided by the court.

Sample contract for the provision of tourist services

The document complies with the norms of the law and is drawn up taking into account all the mandatory points.

Annex to the contract for the provision of tourist services

The main document of the tourism contract establishes significant provisions relationship between the parties to the transaction. Other conditions are reflected in a special application.

Termination of the contract for the provision of tourist services

The transaction can be terminated in case of refusal of one of the participants from the contract. The reason for termination may be the impossibility of the client leaving on a tour due to personal circumstances.

In addition, the improper performance of duties will also become the basis for the termination of mutual relations. The injured party has the right to demand compensation.

Free samples of claims, complaints, contracts, etc. site

SERVICE AGREEMENT

booking, payment and receipt travel documents for a tourist trip in a person acting on the basis of , hereinafter referred to as " Executor”, on the one hand, and gr. , passport: series , number , issued by , residing at the address: , hereinafter referred to as " Customer”, on the other hand, hereinafter referred to as the “Parties”, have concluded this agreement, hereinafter “ Treaty" about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor, on behalf of the Client, for a fee, assumes the obligation to book, pay, receive and transfer to the Client travel documents (voucher, air ticket, insurance) for a tourist trip in the manner and on the terms set forth in this agreement, and the Client undertakes to pay for the selected and the tour ordered by him in accordance with the price of the contract.

2. OBLIGATIONS OF THE CONTRACTOR

2.1. The Contractor, on behalf of the Client, undertakes, in accordance with this agreement, to book a tourist trip from the Tour Operator to the country of the city (resort), starting from "" 2016 to "" 2016. The Tour Operator for this tour is the registry number. Location and postal address. Financial security.

2.2. The organization of the trip (services ordered by the Client) includes:

2.2.1. Air ticket(s) on the itinerary.

2.2.2. Accommodation at the hotel, in the period from "" 2016 to "" 2016, type of room, meals at the hotel, period of stay at the hotel of nights.

2.2.3. Transfer (transportation ground transport) .

2.2.4. Excursion program .

2.2.5. Meeting and seeing off with a Russian speaking guide.

2.2.6. Visa support .

2.2.7. Medical insurance. Insurance against the impossibility of making a trip or interrupting it (insurance against non-departure). The consequences of not acquiring travel insurance, as well as the consequences of the actions of third parties for which neither party is responsible, are explained to the Client.

2.2.8. Additional services .

2.3. The price of the Agreement is rubles. In all other respects, the Contractor and the Client are guided by the Civil Code of the Russian Federation, Chapter 51.

3. OBLIGATIONS OF THE CLIENT

The client undertakes:

3.1. Make an advance payment / payment for the tour in the amount of rubles.

3.2. Pay the full cost of the tour no later than one day before the expected date of departure;

3.3. Provide the Contractor with a valid foreign passport and all necessary reliable documents for obtaining a visa no later than one day before the start of the tour;

3.4. Arrive at the airport for check-in no later than 3 hours before the departure of the aircraft for self-passage of border and customs control;

3.5. Comply with border and customs regulations RF and visited country, airline baggage rules;

3.6. Before leaving the hotel, pay bills for using the mini-bar in the room, telephone calls, and other additional hotel services;

3.7. Observe the rules of personal safety while traveling;

3.8. The client assumes all responsibility, including financial, for any actions or decisions taken by him during the trip, and is also responsible for compliance with the laws of the host country. In all other respects, the Contractor and the Client are guided by the Civil Code of the Russian Federation, Chapter 51.

4. CONDITIONS FOR THE PERFORMANCE OF THE ORDER

The Contractor is obliged:

4.1. Inform the Client about the booking and confirmation of the ordered services from the Tour Operator. The term for confirming the ordered services is set at three working days from the date of booking. In case of non-confirmation of the services ordered by the Client, this Agreement is considered not concluded. In this case, the funds transferred by the Client to the Contractor are returned to him in in full. Obtaining information about confirmation (or not confirmation) is the responsibility of the Client.

4.2. The Client is warned that when providing visa support, in cases where it is necessary, consulates may require proof of the Client’s intention to visit the country of temporary residence (air ticket, insurance, voucher, etc.) for issuing a visa. The Client is warned that when applying documents for a visa in a period less than the time set by the consulate, the timely receipt of a visa is not guaranteed by either the Contractor or the Tour Operator. The Contractor and the Tour Operator, from whom the tour package is booked, are not responsible for this, and the Client agrees to charge in this case all actually incurred expenses to his own account. Refusal of an entry visa by the consulate foreign country is not a force majeure event. Any costs actually incurred and associated with such a refusal are at the expense of the Client.

4.3. Transportation of the Client under this Agreement is carried out according to the rules of the carrier (airline, etc.). The Client's ticket is an agreement with the carrier, according to which the carrier bears all responsibility for transportation in accordance with the rules of the carrier. The client is warned that the cost of charter air tickets and air tickets for regular flights with a non-refundable fare is not refundable, regardless of the date of cancellation of the tour.

4.4. The Client's ignorance of the laws or customs of the host country does not exempt him from liability in case of their violation. The guide or escort is not a commentator on the law and does not share responsibility for someone else's action or inaction.

4.5. The tour operator with whom the tour package is booked reserves the right, if necessary, to replace the hotel specified in advance with a hotel of the same or higher category.

4.6. The Client is warned about the terms of the penalties of the Tour Operator with whom the tour package is booked. At the time of signing this agreement, the Client received information about the consumer properties of the tourist product, about the program of stay, route and travel conditions, including information about accommodation facilities, living conditions (location of the accommodation facility, its category) and food, services for transporting the Client to country of temporary residence, additional services required by the Client.

4.7. In case of violation of clause 3.2. of this agreement, the agreement is considered terminated at the initiative of the Client with the application of penalties in the form of a penalty in accordance with the terms of the Tour Operator with which the tour package is booked. In all other respects, the Contractor and the Client are guided by the Civil Code of the Russian Federation, Chapter 51.

5. RESPONSIBILITIES OF THE PARTIES

5.1. The Contractor is responsible for the execution of the order on the terms of the Client, subject to full payment for the tour on time.

5.2. In case of refusal of the Client from the tour, regardless of the reasons, the Client pays an unconditional penalty on the terms of the Tour Operator with whom the tour package is booked. At the time of signing this Agreement, the Client is familiar with the terms of the agreement concluded between the Contractor and the Tour Operator, according to which the Client's tour will be booked.

5.3. The tour operator with which the tour package is booked is not liable to the Client, does not return the full or partial cost of the tour and compensation for moral damage in case of:

5.3.1. Violation by the Client of the provisions of this agreement, and if the Client fails to fulfill the obligations set forth in article 3 of this agreement;

5.3.2. Refusal of a foreign state to issue entry visas to the Client along the Tour route, for delays in the consideration of documents by the consulate of a foreign state;

5.3.3. Passage by the Client of customs, sanitary, border control and other airport services, including if it is related to incorrect design or the invalidity of the Client's passport, or the absence of an entry about family members in the Client's passport, or the absence or incorrect execution of powers of attorney for minors;

5.3.4. Changes in the pricing policy of airlines, changes in tariffs for booked air tickets, for delayed departures and arrivals, for changing the type of aircraft, canceling flights, for the delivery and safety of the Client's luggage;

5.3.5. The occurrence of problems, difficulties and consequences arising from the Client when the Client loses his passport;

5.3.6. Independent change by the Client individual elements program (excursion program, transfer, place and level of accommodation, untimely arrival at the place of gathering of the group, etc.) that caused additional expenses by the Client;

5.3.7. Inconsistency of the services provided, unreasonable expectations of the Client and his subjective assessment;

5.3.8. The emergence of problems related to the safety of personal luggage, valuables and documents of the Client during the entire period of the trip.

5.3.9. The occurrence of problems related to the authenticity of the documents provided by the Client for registration and organization of a tourist trip (passport, certificate, power of attorney, etc.) and is not responsible for possible consequences associated with these circumstances.

5.4 The client is warned about the need to take their own measures aimed at ensuring the safety of personal belongings, valuables and documents throughout the trip.

6. REMUNERATION OF THE CONTRACTOR

6.2. The Contractor's commission under the contract is established as the difference between the received in cash from the Client in payment for the ordered services and in cash paid to the service provider. The remuneration is independently withheld by the Contractor from the entire amount received from the Client in accordance with this Agreement.

6.1. The order is considered executed at the moment the Contractor transfers the relevant documents (voucher, air ticket, insurance policy) to the Client on the basis of the Service Provision Certificate (Appendix No. 1 to this agreement).

7. FINAL PROVISIONS

7.1 This Agreement is governed by and construed in accordance with the Legislation Russian Federation. All disputes and disagreements that may arise in connection with the performance of their obligations arising from this agreement, as well as individual annexes to it, the Parties will try to resolve through negotiations. If such negotiations fail, the dispute may be submitted by the interested Party for consideration by the judicial authorities at the location of the defendant. In the event of a claim on the part of the Clients to the quality of the tourist product, the Client is obliged to inform the Tour Operator about this through the guide. If it is impossible to resolve the problem on the spot, the guide draws up a protocol certified by the guide and the Tour Operator, which serves as the basis for receiving compensation from the hotel or the person responsible. Claims for the quality of the tourist product from the Clients are accepted by the Tour Operator within calendar days from the date of the end of the tour with the attachment of all documents confirming the non-provision or poor-quality provision of tourist services. In cases of non-fulfillment or improper fulfillment by the Tour Operator of obligations to provide Clients with services included in the tourist product under this Agreement, if there are grounds for paying the amount of money under a bank guarantee, the Client has the right, within the amount of financial security, to submit a written request for payment of the amount of money directly to the guarantor - the organization that provided financial support and specified in clause 2.1. actual agreement. The written demand of the Client for the payment of the amount of money under the bank guarantee must be presented to the guarantor during the period of validity of the financial security. The basis for paying the amount of money under a bank guarantee is the fact that the Tour Operator is obliged to reimburse the Client real damage arising as a result of non-fulfillment or improper fulfillment of obligations, if this is a material breach of the terms of the contract. The right to demand monetary compensation from the Client from the guarantor that issued bank guarantee guaranteeing financial security arises after the entry into force of a court decision to establish the fact of violation of the rights of the Client, in the event that the Tour Operator refuses to execute this court decision.

According to the Russian law on tourism activities, an agreement between a tourist and a travel agency is called a contract for the retail sale of a tourist product (Article 6), which contradicts Art. 779 Civil Code Russian Federation, where this agreement is called a contract for the provision of tourist services.

IN Russian law the subject of the contract is a tourist product, i.e. property right for a tour intended for sale to a tourist. A tour, in turn, is defined as a set of services for accommodation, transportation, meals for tourists, excursion services, as well as services of guides-interpreters and other services provided depending on the purpose of the trip.

At the same time, art. 1212 (III part) of the Civil Code of the Russian Federation, indirectly determines that the subject of the contract in the field of tourist services is the provision of transportation and accommodation services for the total price (regardless of the inclusion of the cost of other services in the total price).

Tourism, being a sphere of the economy, fully perceives the regulatory impact of the norms various industries law: administrative, environmental, insurance, customs, consumer protection and others that belong to an indefinite range of legal and individuals. In this series, special importance is given to civil law.

With the adoption of the Civil Code of the Russian Federation (part one: entered into force on January 1, 1995, part two - on March 1, 1996), numerous layers and contradictions in the previous legislation were eliminated, mechanisms were created to protect the economic and personal rights of citizens, the basic rights and obligations of entrepreneurs, the rules of property turnover are established. With its norms, the Civil Code also covers the sphere of tourism.

Although the relations arising from the exercise of the rights of citizens of the Russian Federation, foreign citizens and stateless persons to rest, freedom of movement and other rights when traveling are regulated by the Federal Law of November 24, 1996 "On the Basics of Tourist Activities in the Russian Federation", the practice of providing tourist services inevitably faces the application of civil law.

Obligatory legal relations between a company and a tourist arise on the basis of an agreement as a legal fact aimed at establishing civil rights and obligations of the parties. And here the question arises - what type of contract from those listed in the Civil Code of the Russian Federation should be concluded in the tourist services market?

Let's turn to the law. Article 128 of the Civil Code considers services as one of the objects of civil rights, and articles 779-783, combined into Chapter 39 of the Civil Code, are devoted to the contract for the provision of services for compensation. Under a contract for the provision of services for a fee, the contractor undertakes, on the instructions of the customer, to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (Article 779 of the Civil Code). Further in this article it is said that the rules of chapter 39 of the Civil Code “apply to contracts for the provision of communication services, medical, veterinary, auditing, consulting, information services, training services, tourist services and others ... ". It would seem that there is a direct indication of the law on the type of contract for tourist services. It must be a service contract.

At the same time, tourist services will most often be provided not to those who sold the tourist voucher (travel agent), but by a tourist organization that directly provides accommodation, food, transport and other services, i.e. third party. This possibility is enshrined in Art. 780 of the Civil Code, if this is indicated in the contract itself between the travel agent and the tourist. The possibility of fulfilling obligations by a third party is also referred to in Art. 313 of the Civil Code: “Fulfillment of obligations may be assigned by the debtor to a third party, unless the obligation of the debtor to fulfill the obligation personally follows from the law, other legal acts, the terms of the obligation or its essence.”

However, in federal law“On the Fundamentals of Tourism in the Russian Federation”, adopted after the entry into force of part two of the Civil Code, was based on the contract of sale, which is the most common type of contract used in property circulation. Seven types of sales contracts are described in Articles 45 4 5 66 of the Civil Code.

According to the contract of sale, it is indicated in Article 454 of the Civil Code, one party (the seller) is obliged to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money (price) for it.

For a sales contract, the name and quantity of goods sold are the subject of the contract, i.e. its essential condition (Article 43 2 of the Civil Code), ensuring the validity of the contract. Therefore, the tourist service can hardly be equivalent to the legislative term "thing (goods)" and is recognized as the subject of the type of contract under consideration.

In Art. 421 Civil Code citizens and legal entities free to enter into a contract. The parties may conclude an agreement both provided for and not provided for by law or other legal acts. The parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). To relations under a mixed contract, the rules on contracts, the elements of which are contained in a mixed contract, are applied in the relevant parts.

The given norm of the Civil Code gives reason to believe that contracts for the sale of a tourist product are, in essence, mixed contracts. They contain a significant proportion of signs of a contract for the provision of services for a fee (Article 779 of the Civil Code specifically states: “tourist services”), as well as signs of a retail sale and purchase agreement, where, in accordance with Article 492 of the Civil Code, the seller engaged in entrepreneurial sales goods at retail, undertakes to transfer to the buyer goods intended for personal, family, home or other use not related to entrepreneurial activity.

In addition, the content of Art. 10 of the Law on the Fundamentals of Tourism Activities, which proposes a generally complex structure of the contract, indicates that the contract for the implementation of a tourism product is a mixed contract.