In connection with the increase in the number of tourist trips, the issue of protecting the interests of tourists, which is primarily related to the conclusion of a tourist service agreement, is becoming topical.
There is a number of peculiarities of concluding a tourism service agreement, the accounting and observance of which allows to protect the interests of the consumer, which is a tourist, in the most complete and correct way.
One of the main features which can be used to determine the level of a travel company is a well-functioning, complete and equitable travel services contract which the company offers to conclude with the tourist and the ability of the travel company to take into account the tourist's own offer when concluding the offer, if any provisions therein do not suit him/her. It is the contract that reflects the true face of the company, its image, professionalism, respect (or disrespect) for the client. Therefore, the company itself should be interested in ensuring that not only the tourist product it offers, which is displayed in colorful brochures, videos or attractive speeches of managers, but also the form of this offer (i.e. the content of the contract) does not harm its reputation.
The essential terms of the contract include:
- information about the tour operator or travel agent (seller), including information about the tourist license, its legal address and bank details;
- information on the tourist (buyer) in the amount necessary for the sale of the tourist product;
- reliable information on the consumer properties of the tourist product, including information on the program of stay and route of travel, on the conditions of safety of tourists, on the results of certification of tourist product;
- date and time of the beginning and end of the trip, its duration;
- procedure of meeting, seeing off and accompanying tourists;
- rights, duties and responsibilities of the parties;
- retail price of the tourist product and the procedure of its payment;
- the minimum number of tourists in the group, the term of informing the tourist that the trip will not take place due to the lack of the group;
- terms and conditions of changing and terminating the contract, the procedure of settlement of disputes arising in connection with it and indemnification of the parties' losses;
- the procedure and terms for filing claims by a tourist.
Other terms of the contract are determined by agreement of the parties.
In case of a special order of a tourist or a person authorized to represent a group of tourists, the order for the formation of the tour is made in writing as an agreement having the nature of a preliminary contract.
A tourist has the right to demand from a tour operator or a travel agent the provision of all services included in the tour, regardless of who these services are.
Each of the parties has the right to demand changes or termination of the contract due to significant changes in the circumstances from which the parties proceeded when concluding the contract.
Significant changes in circumstances include:
- worsening of travel conditions, change of travel terms;
- the disadvantage of the minimum number of tourists in the group specified in the contract, which is necessary for the trip to take place;
- unforeseeable growth of transport tariffs;
- introduction of new or increased rates of taxes and charges;
- sharp change in the exchange rate of national currencies.
In these cases, the compensation of losses upon termination of the contract shall be made in accordance with the actual costs of the parties. At the same time, according to the Law on Tourism, the amount paid as compensation for losses may not exceed two amounts of the value of the tourist product.
The specific conditions of the trip, the retail price of the tourist product are specified in the tourist voucher issued to the tourist by the tour operator or travel agent.
It is also allowed to issue permits on the basis of samples developed by travel agencies and tour operators.
Mutual settlements between the tour operator or the travel agent sending the tourist and the tour operator or the persons providing specific services included in the tour are regulated on the basis of the tour voucher. Tour voucher - a document establishing the right of a tourist to the services included in the tour and confirming the fact of their provision. Upon conclusion of the contract, the tourist must be informed by the travel agency whether there are any insurance agents or representative offices of the insurance company, their addresses and telephone numbers in the place of the tour. The issue should be clearly defined in case the tour will take place in several countries, and the insurance policy should be drawn up only in Russian and English, while this document should be drawn up in Russian and the language of the country of temporary residence, as mentioned above.