Protection of the rights of tourists

Modern trends in the protection of the rights of tourists in the Russian Federation. The basics of legal interaction to protect the rights of tourists in the Russian Federation.

The government of the Russian Federation in the spring of 2014 approved a new version.

State program "Development of the spheres of culture and tourism for the period 2013 - 2020." Among its main tasks, one can note, first of all, the increase over time in the quality, as well as the availability of services in domestic and international tourism. One of the priorities of the state in tourism is to protect the rights of consumers who are recipients of travel services. The rights and obligations of tourists are at the heart of their legal status.

The tourist's rights are specified in Art. 6 FZ "On the basics of tourist activities in the Russian Federation."

Tourists have the right to receive reliable and complete information about the services provided.

Based on the Rules for the provision of services related to the sale of a tourist product, which were approved on the basis of the Decree of the Government of the Russian Federation of July 18, 2007 No. 452, this information includes the following information:

  • about what are the consumer properties (quality) of the tourist product - the route, the program of the tourist's stay, the general conditions of travel. This includes, among other things, information regarding accommodation facilities, living conditions (accommodation facility, location, category) and food, transportation services in the country of temporary stay, about the availability of a guide, guide, instructor. In addition, the consumer should be provided with information about various additional services;
  • about a third party providing a number of services included in the travel product, if such information is important to the consumer;
  • on the documents that are required to enter and leave the host country;
  • on the price of a tourist product in rubles, on the conditions and rules for the safe and effective use of a tourist product;
  • on the rules for the entry of a tourist into the country of temporary stay and subsequent departure from it, including information on the need for a visa;
  • about the customs of the local population, in particular, about the religious customs and rituals adopted in it, about the monuments of history, nature, culture and other objects that are under special protection, the state of the natural environment at the place of stay;
  • on the procedure for access to tourism resources, taking into account the restrictive measures existing in the host country;
  • about customs, sanitary-epidemiological, medical and other rules that may be useful to tourists while traveling;
  • about various dangers for a tourist while traveling, including the risk of contracting various infectious diseases;
  • about the risks and their consequences for the consumer if he intends to make a journey that is associated with the passage of difficult routes that pose a risk of danger to life and health (this can include mountainous terrain, extreme sports that are supposed to be engaged in, the presence of complex water bodies and much other);
  • on providing tourists with emergency assistance, which is provided at the expense of funds taken from the compensation fund of the association of tour operators in the event of impossibility of fulfillment, non-fulfillment, or in case of improper fulfillment by the tour operator of obligations related to the agreement on the sale of a tourist product, which is formed by the executor who is a member of the association of tour operators in the exit tourism;
  • about the location, addresses, telephone numbers of various government bodies of the Russian Federation, about the presence and exact coordinates of various consulates and diplomatic missions of the Russian Federation located in the country of temporary stay, where a vacationer in any difficult situation (emergency) always has the opportunity to contact, for example, in the event of a situation that directly threatens the life, health or safety of the tourist, as well as in the event of a serious threat of harm to the property that belongs to the tourist;
  • about the address and telephone number of the head of the group of minors in the country of their temporary stay, if the tourist product involves the implementation of an organized departure of a group of minors without their accompaniment by adults (parents or guardians);
  • on the procedure for contacting a tourist who has left for another country as part of a tour to an association of tour operators in the field of outbound tourism in order to receive emergency assistance if necessary.

The tourist, among other things, may require the provision of other information that interests him in the field of services provided. This right is ensured thanks to the presence of the Law of the Russian Federation "On Protection of Consumer Rights". In practice, applicable to the tourism sector, Article 7 of this Law enshrines the consumer's right to ensure the safety of life, health, and the safety of his property for him. And article 10 of this law grants the tourist the right to receive them complete and necessary information about the services that provide the opportunity to make the right choice.

The most popular way to provide the necessary information to a vacationer or tourist is to issue a special memo, which allows you to get more useful information about a certain tourist product. In order to avoid the emergence of certain disagreements, it is advisable for the travel agency to indicate in the agreement with the tourist that a memo with all the necessary information is attached to the tour. In this case, if a vacationer or tourist subsequently begins to make claims, or wants to conduct a trial, then the tourist operator (travel agent) will be able to prove that the client was initially provided with all the necessary information about the tourist product.

In accordance with existing legislation, a tourist has the right to freedom of movement, has unlimited access to a variety of tourist resources, taking into account the restrictions that apply in a particular host country.

The law relating to the freedom of movement of tourists within the borders of the Russian Federation is implemented in practice by virtue of the Law of the Russian Federation dated June 25, 1993 No. 5242-1 "On the right of citizens of the Russian Federation to freedom of movement within the Russian Federation."

Based on the current Art. 27 of the Constitution of the Russian Federation, all citizens of the Russian Federation have the right to freedom of movement, choice of place of stay and residence in the Russian Federation. In addition, every citizen of the Russian Federation has the opportunity to travel outside the Russian Federation.

The tourist has the right to ensure his own safety, consumer rights and the safety of property, to receive urgent medical attention in the event of such a need.

According to Art. 14 of the current Federal Law "On the Basics of Tourist Activity in the Russian Federation", it is customary to understand tourism safety primarily as ensuring the safety of vacationers and tourists, as well as the safety of their property, and not causing damage during travel.

There are many different risk factors in the tourism industry, including the following:

  • the presence of psychophysiological stress;
  • impact from various environmental factors;
  • fire hazard;
  • injury hazard;
  • all kinds of biological effects;

The safety of tourism sectors in practice is ensured in a variety of ways, including the following:

  • informing tourists about the potential dangers that may lie in wait for them while traveling as part of the tour;
  • informing vacationers and tourists about the emergence of circumstances that threaten their health, life, safety, about the emergence of the danger of causing harm to the property of tourists.

Of no small importance is the provision of the personal safety of the tourist, which is updated in connection with the possible presence of a person in the country (place) where hostilities occurred, terrorist acts were committed, natural disasters occurred.

Much attention is paid to the personal safety of tourists, this is also confirmed by the materials of court cases.

In the letter of the Federal Service for Supervision of Consumer Rights Protection and Human Wellbeing dated August 31.08.2007, 0100 No. 8935 / 07-32-XNUMX "On the specifics of law enforcement practice related to ensuring consumer protection in the field of tourist services", the tourism industry is an area in which the safety of both tourists personally and the environment from tourists is of paramount importance. "

In order to protect the national security and national interests of the Russian Federation, to protect the citizens of the Russian Federation from criminal and other unlawful actions, on November 28.11.2015, 28.11.2015, the Decree of the President of the Russian Federation of November 583, XNUMX No. XNUMX "On measures to ensure the national security of Russia and the protection of citizens Russia from criminal and other illegal actions and on the application of special economic measures against Turkey ”(hereinafter referred to as the Decree).

Clause 4 of this Decree establishes that tour operators and travel agents should refrain from selling to the citizens of the Russian Federation a tourist product that involves visiting the territory of the Republic of Turkey.

On November 30.11.2015, 30.11.2015, the Government of the Russian Federation adopted Decree No. 1296 dated November 28, 2015 "On measures to implement the decree of the President of the Russian Federation No. 583 dated November XNUMX, XNUMX" On measures to ensure the national security of the Russian Federation and protect citizens of the Russian Federation from criminal and other illegal actions and on the application of special economic measures in relation to the Republic of Turkey ”(hereinafter referred to as the Government Decree).

Based on part 1 of paragraph 8 of the above Resolution, from December 01, 2015, a ban was introduced on charter air transportation between the Russian Federation and the Republic of Turkey, with the exception of special flights for the return of tourists in the Republic of Turkey, as well as to take additional measures aimed at ensuring transport (aviation) security in the implementation of regular air traffic with the Republic of Turkey.

As an example of these, we can cite the Recommendations of the Ministry of Foreign Affairs on unwanted entry into Egypt and the Letter of the Federal Service for Supervision of Consumer Rights Protection and Human Well-being No. 01 / 14560-15-32 dated November 26.11.2015, 09.11.2015 “On taking measures to protect consumer rights in connection with the suspension of flights with the Arab Republic of Egypt (addition to the letter of Rospotrebnadzor dated 01 No. 13662 / 15-27-XNUMX).

The tourist gets the right to provide emergency assistance, evacuation from the host country on the basis of the Federal Law "On the basics of tourist activities in the Russian Federation." He gets, among other things, the opportunity to pay for the transportation services provided to him from the compensation fund of the association of tourist operators in outbound tourism if it is impossible to fulfill, non-fulfillment in practice, or improper fulfillment by the tourist operator of obligations under the agreement on the sale of a tourist product.

In case of non-fulfillment in practice of the existing conditions of the contract regarding the sale of a tourist product, a tourist agent or a tourist operator can compensate for losses and compensation for the resulting moral damage.

On the basis of the current article 15 of the Civil Code of the Russian Federation, a person whose right has been violated in practice has the right to demand compensation for losses that have been caused to him, if the contract or law does not provide for compensation for losses in a smaller amount. In this case, losses are understood as expenses that a person whose right has been violated has made or must make in order to restore the violated right, loss or damage to property, lost income that this person could receive for himself under the normal conditions of civil turnover in the event that his rights would not be violated (the presence of lost profits).

In accordance with Article 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (certain moral or physical suffering) by certain actions that violate his non-property rights or encroach on non-material benefits that belong to the citizen and in other cases that are provided for by law , then the court may impose on the offender the obligation to pay the injured citizen monetary compensation for the harm caused. [3] When the court decides on the issue of compensation for non-pecuniary damage to the consumer, a sufficient condition for the satisfaction of the claim is the established fact of violation of the consumer's rights.

In accordance with the resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2012 No. 17 "On consideration of civil cases ..." is recovered in compensation for moral damage, it cannot be dependent on the cost of a certain service (goods, work), or the amount that is subject to a penalty. The amount of compensation for moral damage awarded to the consumer in each case is determined by the courts, with the obligatory consideration of the nature of physical and mental suffering based on the principle of justice and reasonableness. [3]

The Federal Law "On the Basics of Tourist Activity" establishes the right of a tourist to assist the authorities of the host country in obtaining urgent legal assistance if necessary.

The tourist gets unhindered access to various means of communication.

This right is still mostly declarative. In the legislation of the Russian Federation, which is in force at this point in time, there are no legal norms that would regulate the procedure for the practical implementation of this right, in addition, it is not determined which means of communication can be used and who must ensure the implementation of the right.

The most important right of a tourist is the right to provide a sufficiently high-quality service.

For the purpose of legal quality assurance, it is required to deal with the identification of criteria that would make it possible to correlate the quality of a service with the requirements that it must, by definition, meet.

The quality of travel services under the current legislation on consumer protection should be determined by:

  • the usual requirements;
  • the current terms of the agreement between the tourist and the travel agent;
  • suitable for the purposes for which such a service is usually used in practice.

A violation of the usual requirements is, for example, the lack of air conditioning in the hotel or hotel room, if the climate in the host country is too hot, the low qualifications of the guide-interpreter, other personnel, which ultimately affects the quality of service for the vacationer or tourist.

A consumer who enters into an agreement for the provision of travel services has the rights that are provided for on the basis of the current Russian legislation: the right to receive the necessary information; the right to provide quality travel services; the right to freedom of movement and choice of the place of one's stay; the right to ensure the safety of tourism; compensation for losses, as well as to receive compensation for moral damage caused as a result of receiving low-quality tourist services; the right to receive assistance from the authorities in obtaining legal and other types of assistance; the right to gain access to communications.

It seems that all of the above rights are only the basis that gives a citizen the right to tourism, under which the Global Code of Ethics for Tourism, adopted on October 01, 1999 by the World Tourism Organization at the General Assembly in Santiago, understands the opportunity to directly and personally discover and enjoy the sights of our a planet that all the inhabitants of the Earth possess equally. "

In consumer relations in the field of tourist services, the weaker side in legal terms is the tourist - the consumer of tourist services. General legal illiteracy, both of providers of tourist services and tourists, gives rise to a lot of problems in law enforcement practice and proves that, without the participation of state bodies endowed with power, amendments to the legislation regulating tourism activities, consumer protection and, in particular, the prevention of offenses in this area is extremely ineffective.

Article taken from here.

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