Contractual relations in the field of tourism

Agreements in the field of tourism activities can be divided into three groups:
1. contracts concluded between the tour operator (travel agent) and the tourist.
2. contracts concluded between the tour operator and travel agent.
3. contracts concluded between the tour operator and the direct providers of certain types of services.

An agreement between a tourism organization and a tourist is one of the types of contracts for the provision of services for a fee, the main conditions of which are provided for in Chapter 39 of the Civil Code of the Republic of Belarus.
In accordance with Art. 733 of the Civil Code of the Republic of Belarus, under a contract for the provision of services for a fee, one party (performer) undertakes, on the instructions of the other party (customer), to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services.
Agreements for the provision of services should be distinguished from work contracts.
The characteristics of a service as the subject of a contractual obligation are the following:
- this is the activity of a person (legal or physical) providing a service;
- the provision of the service does not create a material result;
- the beneficial effect of the service (activity) is consumed in the process of providing the service, and the use value disappears.
According to Art. 656 of the Civil Code of the Republic of Belarus, under a work contract, one party (contractor) undertakes to perform certain work on the instructions of the other party (customer) and deliver its result to the customer within a specified period, and the customer undertakes to accept the result of the work and pay for it (pay the price of the work). The work is performed at the contractor's risk, unless otherwise provided by law or by agreement of the parties.
In accordance with Art. 17 of the Law of the Republic of Belarus “On Tourism”, under a contract for the provision of tourism services, the performer (subject of tourism activities) undertakes, on the instructions of the customer (participant in tourism activities), to provide tourism services, and the customer undertakes to pay for them. The rules established by law for a contract for the provision of paid services apply to a contract for the provision of tourist services.

By its legal nature, a contract for the provision of tourist services is
- double-sided
- consensual
- paid
- public
- concluded in writing (tourist voucher)
- may be a contract of adhesion
- may be an agreement in favor of third parties
Thus, an agreement for the provision of tourist services may provide for the fulfillment of all or part of the contractor’s obligations under the agreement by third parties. Fulfillment of obligations by third parties does not relieve the contractor under the contract from liability to the customer for non-fulfillment or improper fulfillment by third parties of obligations under the contract for the provision of tourist services.
Essential conditions are those without the agreement of which the contract does not acquire legal force. So, in accordance with Art. 402 of the Civil Code of the Republic of Belarus, an agreement is considered concluded if an agreement is reached between the parties in the form required in appropriate cases on all essential terms of the agreement.
Essential are the conditions on the subject of the contract, the conditions that are named in the legislation as essential for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.
In accordance with Art. 17 of the Law of the Republic of Belarus “On Tourism”, the essential terms of the contract for the provision of tourism services are: the subject of the contract for the provision of tourism services; the cost of tourist services, terms and procedure for their payment;
information about the contractor, including data on a special permit (license) to carry out tourism activities, his location (place of residence of an individual entrepreneur) and bank details;
information about the customer to the extent necessary for the provision of tourism services;
tour program;
rights, duties and responsibilities of the parties; conditions for changing and terminating the contract for the provision of tourist services, the procedure for resolving disputes and compensation for losses (harm);
other conditions regarding which, at the request of one of the parties, an agreement must be reached.

It should be noted that the contract for the provision of tourism services is a public contract.
In accordance with Art. 396 of the Civil Code of the Republic of Belarus, an agreement concluded by a commercial organization and establishing its obligations for the sale of goods, performance of work or provision of services, which such an organization, by the nature of its activities, must carry out in relation to everyone who applies to it, is recognized as public.
A commercial organization does not have the right to give preference to one person over another with regard to concluding a public contract, except in cases provided for by law.
In addition, the refusal of a commercial organization to conclude a public contract if it is possible to provide the consumer with the corresponding goods (work, services) is not allowed.

In accordance with Art. 18 of the Law of the Republic of Belarus “On Tourism”, an agreement for the provision of tourism services is concluded in writing by issuing a tourist voucher to the customer by the executor of the agreement for the provision of tourism services to the customer.
The form of the tourist voucher, the procedure for its issuance and registration are approved by the Resolution of the Ministry of Sports and Tourism of the Republic of Belarus dated July 13, 2007 No. 18 “On the tourist voucher”. This regulation approves the Instructions on the procedure for issuing and accounting for a tourist voucher.
The tourist voucher and its annexes are a strict reporting form.
The tourist voucher and its annexes are drawn up in two copies. One copy is transferred to the customer of tourism services (participant in tourism activities), the other remains with the provider of tourism services (subject of tourism activities).
In addition, an agreement for the provision of tourism services with a customer (participant in tourism activities) - a non-resident of the Republic of Belarus can be concluded through postal, telegraphic, teletype, electronic or other communications that make it possible to reliably establish that the document comes from a party to the agreement for the provision of tourism services. In this case, the contractor (subject of tourism activity) is obliged to attach to the tourist voucher a document confirming the conclusion of an agreement for the provision of tourist services (fax, electronic, and so on copies of the tourist voucher and its attachments).
In accordance with clause 18 of the Instructions on the procedure for issuing and accounting for a tourist voucher, the tour program is drawn up in any form and must contain the following information:
tour route, tour start and end date and time;
procedure for meeting and seeing off, accompanying tourists;
characteristics of vehicles transporting tourists, timing of connections (combining) flights, other mandatory information provided for by legislation on transport activities;
characteristics of objects for accommodation of tourists, including their location, classification according to the legislation of the country (place) of temporary stay, rules of temporary residence, as well as other mandatory information established by the legislation of the country (place) of temporary stay;
the procedure for providing food to tourists during the tour;
list and characteristics of other tourist services provided.
By mutual agreement of the performer (subject of tourism activities) and the customer (participant of tourism activities), other information may be included in the tour program.

In addition, the legislation of the Republic of Belarus provides for special types of contracts with individuals in the field of tourism.
Thus, by Resolution of the Council of Ministers of the Republic of Belarus dated June 29, 2006 No. 818 “On approval of a standard agreement for the provision of services in the field of agroecotourism”, a standard agreement for the provision of services in the field of agroecotourism was approved.
This agreement is concluded only between the subject of agrotourism and the tourist. This agreement is bilateral, consensual, paid, concluded in writing (Resolution of the Council of Ministers of the Republic of Belarus dated June 29, 2006 No. 818 “On approval of a standard agreement for the provision of services in the field of agroecotourism”), and is also an agreement of adhesion.
In accordance with clause 133 of the Rules for the management of hunting and hunting, approved by Decree of the President of the Republic of Belarus of December 8, 2005 No. 580 “On some measures to increase the efficiency of hunting and fishing activities, to improve state management of them,” the organization of hunting for a foreign citizen who has in accordance with these Rules, the right to hunt is exercised in the presence of a contract for the provision of tourist services for a hunting tour with the participation of a foreign citizen, concluded with a travel agent, tour operator or user of hunting grounds and registered with the Ministry of Forestry.
Instructions on the procedure for registering an agreement for the provision of tourist services for a hunting tour with the participation of a foreign citizen, approved by Resolution of the Ministry of Forestry of the Republic of Belarus dated March 13, 2006 No. 6 “On approval of the instructions for the procedure for registering an agreement for the provision of tourist services for a hunting tour with the participation of a foreign citizen » the mandatory terms of the contract for the provision of tourist services for a hunting tour with the participation of a foreign citizen are established: the parties to the contract, the subject of the contract, the cost of hunting trophies and game animals, the cost of tourist excursion and additional services, the number and date of the license for carrying out tourist activities, the responsibility of the parties, bank details. The cost of hunting trophies should not be lower than the maximum minimum cost of hunting trophies for foreign citizens, approved by Resolution of the Council of Ministers of the Republic of Belarus dated April 6, 2006 No. 466 “On measures to implement the Decree of the President of the Republic of Belarus dated December 8, 2005 No. 580.”

In accordance with the Law of the Republic of Belarus “On Tourism”, subjects of tourism activities can also enter into agreements for the provision of consulting and information services related to the organization of travel

The second group of contracts in tourism are contracts between a tour operator and a travel agent. In accordance with Art. 16 of the Law of the Republic of Belarus “On Tourism”, the implementation of a tour to a subject of tourism activity is carried out on the basis of a commission agreement or other agreements not prohibited by law.
Indeed, based on the principle of freedom of contract, the parties have the right to conclude not only contracts provided for by law, but also contracts not provided for by law (in legal literature, the former refer to registered (named) contracts, the latter - to nameless (unnamed) contracts). For the most part, the parties enter into registered (otherwise named) contracts, for which the legislator has created various models that allow, within the necessary limits, to ensure the specificity of the types of contractual relations (Podgrusha V.V., 2005).

In the system of legal relations between a travel agent and a tour operator, as a rule, commission agreements and agency agreements are concluded, provided for by the Civil Code of the Republic of Belarus. It is possible to formalize legal relations between a travel agent and a tour operator based on a franchise agreement. In addition, Chapter 52 of the Civil Code of the Russian Federation provides for such a type of agreement as an agency agreement, although in the law enforcement practice of the Republic of Belarus this legal structure will be an unnamed agreement.
In accordance with Art. 880 of the Civil Code of the Republic of Belarus, under a commission agreement, one party (the commission agent) undertakes, on behalf of the other party (the principal), for a fee, to carry out one or more transactions on its own behalf, but at the expense of the principal.
Thus, the travel agent acts as the commission agent, and the tour operator acts as the committent.
Under a transaction made by a commission agent with a third party, the commission agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction.
In accordance with Art. 861 of the Civil Code of the Republic of Belarus, under a contract of agency, one party (the attorney) undertakes to perform certain legal actions on behalf and at the expense of the other party (the principal). The rights and obligations under a transaction completed by an attorney arise directly from the principal.
Thus, under a commission agreement, in contrast to an agency agreement, the commission agent (travel agent) acts on his own behalf, but at the expense of the other party - the tour operator.
The principal is obliged to reimburse the costs of executing the order and pay remuneration to the commission agent.
The amount of remuneration can be set in the form of: a fixed amount that does not depend on the price of the transaction made by the commission agent, the difference between the price set by the principal and a more favorable price at which the commission agent will complete the transaction as a percentage of the price of the transaction completed by the commission agent in any other way, not contrary to the law and agreed upon by the parties.

It should be noted that Decree of the President of the Republic of Belarus dated June 2, 2006 No. 372 “On measures for the development of agroecotourism in the Republic of Belarus” provides for the possibility of concluding a special agreement between a tour operator and an agroecotourism entity.

In the system of contractual relations of subjects of tourism activities, agency agreements should be separately distinguished.
In accordance with Art. 1005 of the Civil Code of the Russian Federation, under an agency agreement, one party - the agent (travel agent) undertakes, for a fee, to carry out legal and other actions on behalf of the other party - the principal (tour operator) on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal.
To relations arising from an agency agreement, either the rules of a commission agreement or the rules of a commission agreement are applicable. Article 1011 of the Civil Code of the Russian Federation provides that the rules governing an agency agreement or a commission agreement are respectively applied to relations arising from an agency agreement, depending on whether the agent acts on behalf of the principal or on his own behalf, unless this contradicts the essence of the agency agreement.
It should be noted that the Civil Code of the Republic of Belarus does not provide for this type of agreement as an agency agreement. At the same time, based on the principle of freedom of contract, the conclusion of agency agreements is not prohibited. In practice, agency agreements, as a rule, are concluded between a tour operator of the Republic of Belarus and a non-resident tour operator of the Republic of Belarus.
Accordingly, when concluding an agency agreement, it is also necessary to clearly understand the rights and obligations of the parties.

In some cases, in practice, purchase and sale agreements are concluded between tourism organizations or between a tour operator and a direct supplier of tourism or additional services.
It should be recalled that in accordance with Art. 424 of the Civil Code of the Republic of Belarus, under a purchase and sale agreement, one party (seller) undertakes to transfer property (thing, goods) into ownership, economic management, operational management to the other party (buyer), and the buyer undertakes to accept this property and pay a certain amount of money for it (price).
Thus, the legislation does not provide for services or the results of work performed as the object of a purchase and sale agreement. At its core, a “tourist product” or “tourist package” is not property (goods, thing), but is a complex (system) of services provided to a tourist in connection with his trip.
Based on the foregoing, we can conclude that the use of sales contracts is contrary to the nature of the legal relations between participants in tourism activities and consumers of tourism services.

A franchise agreement is a commercial concession agreement (franchise) that allows a marketer or seller to sell a certain product or service in a certain region for a specified period under the trademark of the copyright holder.
In accordance with Art. 910 of the Civil Code of the Republic of Belarus, under a complex entrepreneurial license (franchise) agreement, one party (the copyright holder) undertakes to provide the other party (the user) for a fee for a period specified in the franchising agreement or without specifying a period of time, a set of exclusive rights (license complex), including the right to use the trade name of the copyright holder and undisclosed information, including production secrets (know-how), as well as other objects of intellectual property (trademark, service mark, etc.) provided for in the franchising agreement, for use in the user’s business activities.
The parties to the agreement can be both tour operators and travel agents. The copyright holder (tour operator or agency with a “promoted name”) grants the other party under this agreement the right to use its set of exclusive rights or part of this set, which is determined by the terms of the agreement: use of a trademark, name, logo, information systems, database, etc. . The size of “royalties” (deductions for using the service) for network participants is different, depending on the intensity and volume of sales and the duration of cooperation. In practice, according to this principle, agent networks are created, known in the tourism market as “MGP” - Last Minute Travel Store, which successfully positions itself in the market of economical offers and a mini-network of Sodis offices, serving VIP clients. As a result of such legal relations, both parties benefit, since the formation of agent networks under a “well-known brand” is in a cause-and-effect relationship with the expansion of the consumer segment and, accordingly, an increase in sales volume.

The third group of agreements regulates the legal relations of the tour operator with business entities that provide services for accommodation, food, transportation, insurance, etc.

Services for organizing transportation of tourists

Transport services include delivery of tourists from their place of residence to the first service point on the tourist route and from the last point to their place of residence, transportation to the beginning of the tourist route, transportation during excursions, intra-route transportation, as well as transportation of tourists during transport trips.

Air transportation

Air transportation rules are regulated by the air codes of individual countries, as well as international agreements, one of which is the Warsaw Convention of 1929 “On the Unification of Certain Rules Relating to International Carriage by Air,” as amended in 1959 (Hamburg Rules).
In the Republic of Belarus, the legal basis for contractual relations, along with the Civil Code of the Republic of Belarus, is the Air Code of the Republic of Belarus.
In accordance with Art. 95 of the Air Code of the Republic of Belarus, under an agreement for the air carriage of a passenger, the carrier undertakes to transport the passenger of the aircraft to the point of destination, providing him with a seat on the aircraft making the flight specified in the ticket, and in the case of air carriage of luggage by the passenger - to deliver this luggage to the point of destination and release its passenger or the person authorized to receive the baggage. The passenger of the aircraft undertakes to pay for air transportation, and if he has baggage, including things carried with him, in excess of the free baggage allowance established by the carrier, also for the carriage of this baggage.
Under an agreement for the carriage of goods by air, the carrier undertakes to deliver the cargo or postal items entrusted to him by the shipper to the destination and release them to the consignee or the person authorized to receive the cargo or postal items, and the shipper undertakes to pay for the air transportation of goods or postal items.
Article 97 of the Air Code of the Republic of Belarus provides for the possibility of concluding an agreement for chartering an aircraft (air charter), in accordance with the terms of which, one party (charterer) undertakes to provide the other party (charterer) for a fee to perform one or more flights one or more aircraft or part of an aircraft for air transport.

Rail transportation

In accordance with Chapter Six of the Charter of Public Railway Transport, approved by Resolution of the Council of Ministers of the Republic of Belarus dated August 2, 1999 No. 1196, it is allowed to conclude only one type of contract - a contract for the carriage of a passenger and his luggage.
Under this agreement, organizations of the Belarusian Railway undertake to transport the passenger and his luggage to their destination, providing him with a seat on the train in accordance with the travel document (ticket); the passenger undertakes to pay the established fare, except in cases where legislative acts provide the right to free (preferential) travel, and when checking in luggage, the passenger undertakes to pay for baggage transportation at the established rate.
The conclusion of a contract for the carriage of a passenger is certified by a travel document (ticket), and the passenger’s check-in of luggage is certified by a baggage receipt.

Road transport

Among the vehicles used in tourism, road transport is the most popular.
International relations regarding the organization of road transport of tourists are regulated by the European Agreement concerning the non-scheduled international transport of passengers by bus, adopted in Dublin on May 26, 1982. In accordance with this agreement, when organizing irregular international passenger transportation in the countries of Eastern and Western Europe, a special control document (travel sheet) must be used, which must be on board the bus.
In the Republic of Belarus, the main regulatory legal act regulating road transport is the Law of the Republic of Belarus dated August 14, 2007 “On road transport and road transport”. This Law provides for the following types of agreements for the organization of road transport of passengers: agreement for the road transport of passengers; charter agreement for road transport of passengers; agreement on the organization of road transport of passengers; agreement on the provision of services for the organization of automobile transportation of passengers.
In accordance with Art. 20 of the Law of the Republic of Belarus “On Road Transport and Road Transportation”, under a contract for the road transportation of a passenger, the road carrier undertakes to transport the passenger to the destination, and if the passenger checks in luggage, also deliver the luggage to the destination and hand it over to the person authorized to receive the luggage. The passenger, unless otherwise provided by laws and acts of the President of the Republic of Belarus, undertakes to pay the established fare, and when checking in baggage, also for the carriage of baggage.
According to Art. 21 of this Law, under a charter agreement for the road transport of passengers, the road carrier (charterer) undertakes to provide for a fee to the customer for the road transport of passengers in irregular traffic (charterer) all or part of the capacity of one or more vehicles for one or more flights for the road transport of passengers.
If it is necessary to carry out road transport of passengers in regular traffic or systematic road transport of passengers in irregular traffic, the customer of road transport of passengers or the operator of road transport of passengers may enter into agreements with road carriers on the organization of road transport of passengers.
The organization of road transport of passengers in regular or irregular traffic can be carried out on the basis of an agreement for the provision of services for the organization of road transport of passengers (hereinafter referred to as the contract for the provision of services), concluded by the customer of road transport of passengers with the operator of road transport of passengers.
The range of services for organizing road transport of passengers may include: formation of a route network diagram on the territory of an administrative-territorial unit in accordance with the mobility needs of the population; preparation and holding of competitions for the right to carry out road transport of passengers on a regular basis, as well as concluding agreements on the organization of such road transport; development and maintenance of passports of routes for automobile transportation of passengers in regular traffic; inspection of the condition of roads, city streets (settlements), passenger terminals and stopping points on routes for the road transport of passengers in regular traffic; dispatch control and control over the implementation of automobile transportation of passengers in regular traffic, as well as in irregular traffic by taxi cars, etc.

Services for organizing tourist accommodation

Agreements for hotel services for tourists in the Republic of Belarus, in addition to the Civil Code of the Republic of Belarus, are regulated by acts of special legislation: Rules for hotel services in the Republic of Belarus, approved by Resolution of the Council of Ministers of the Republic of Belarus dated April 7, 2006 No. 471, developed on their basis by the Rules for staying in hotels of the Republic of Belarus , approved by Decree of the Ministry of Housing and Communal Services of the Republic of Belarus dated May 17, 2006 No. 23, other acts of legislation, in particular the Model Regulations on the assignment of hotels to categories and hotel rooms to categories approved by order of the Ministry of Housing and Communal Services of the Republic of Belarus dated 26 November 2004 No. 197.
The named acts define hotel services as services provided by the contractor for the provision of rooms (places in rooms) for temporary residence of individuals, as well as additional services (hereinafter referred to as services), and additional services - catering services, communications, household, sports, tourist and other services provided by the contractor on a paid and (or) free basis in accordance with the law.
The provision of services to the consumer is carried out on the basis of a public contract or an agreement concluded in writing.

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States plan tourism on an integrated basis, taking into account national legislation, employment, development of transport, agriculture, communications, etc.
States are taking effective measures aimed at evenly distributing workers' holidays and school holidays throughout the year in order to alleviate the severity of the negative consequences of the pronounced seasonal nature of tourist demand (lack of places, delays at airports, border points), as well as the associated negative impacts on tourism employment, simplify tourism formalities and ensure security.
Cooperation between states in the field of tourism is carried out within the framework of special treaties and agreements on scientific and cultural cooperation, in the field of international transport, medical science and healthcare, etc., concluded on a bilateral contractual basis. For example, the 1980 Agreement between the Federative Republic of Brazil and the United States of Mexico on cooperation in the field of tourism defines measures to improve the organization of tourism between the two countries in the formation of tourist flows, coordination of procedures applied to international tourism, mutual consultations, exchange of programs and information . Also Art. 7 of the Agreement determines the mutual training of specialists in the field of tourism (five places on each side).
The agreement on cooperation in the field of tourism between the CIS member countries (Ashgabat, December 23, 1993) enshrines the following theses in the preamble:
- be guided by the Manila Declaration on World Tourism (1980) and the Hague Declaration on Tourism (1989), other international treaties and acts;
- express the desire to create favorable conditions for the development of international tourist relations as a factor in maintaining and deepening friendly relations;
- proceed from the inalienable rights of citizens to satisfy spiritual needs and familiarize themselves with cultural and historical values;
- be guided by the desire to develop and strengthen economic relations based on the principles of mutual benefit;
- confirm the desire of states to expand and improve relations in the field of international tourism, based on the principles of equality;
- develop these relationships through broad cooperation between government tourism authorities, national, regional and other tourism organizations;
- consider that cooperation in the field of tourism is intended to help strengthen mutual understanding between peoples, civil harmony, and the establishment of universal human values ​​and agreed on the following decision:
. The parties will fully promote the development of equal and mutually beneficial cooperation in the field of tourism through government organizations, national and regional tourism associations, societies, firms and enterprises, and actively support their initiatives aimed at the effective development of tourism resources.
. The parties will contribute to the formation of a common tourist space, the convergence of regulatory documents on tourism, the introduction of a unified international system for classifying accommodation facilities and tourist services, and a unified information network.
. The parties will create conditions for the active use for tourism purposes of the natural and cultural heritage of the peoples of their states.
. The parties will take coordinated measures to restore traditional and open new tourist routes, expand the variety of types of group and individual tourism, including amateur, children's and other types of social tourism.
. The Parties, in accordance with the legislation of their states, will strive to simplify border, customs and other formalities related to tourist exchange between them, ensuring social security and personal safety of tourists in the host country.
. The parties will carry out regular contacts between government agencies for tourism management to develop and implement a common strategy for the development of tourism and its priority areas in the interests of tourism organizations and enterprises of their states.
. The parties will develop and implement interstate programs and individual projects for the development of tourist regions of mutual interest that ensure the comprehensive development of the tourism industry.
. The parties will assist each other in training professional personnel for the tourism sector, exchanging work experience between employees of government tourism bodies, tourism and transport enterprises and organizations, hotels, restaurants, other producers of tourism services, regardless of their form of ownership, conducting joint scientific research, seminars and symposiums on various tourism issues, systematic exchange of scientific and educational materials.
. The parties will ensure the exchange of statistical and other information in the field of tourism, including on legislative and other regulations governing tourist exchange and activities in the tourism industry in their states related to the protection and preservation of natural and cultural heritage; about the state of the tourist market; reference and informational, methodological and promotional materials.
. The parties will provide mutual assistance in matters of international cooperation and membership in the World Tourism Organization and other international tourism organizations.
. The Parties will regularly inform each other on issues related to the implementation of this Agreement and make additions and changes to it in agreement with each of the signatories.
. The Parties may, if necessary, create commissions and working groups of an equal number of representatives of the Parties for practical coordination of cooperation issues.
International treaties concluded between the states of Central and Eastern Europe in the field of tourism determine the provisions and procedure for opening representative offices of tourism organizations in the countries and the obligation to coordinate five-year plans for the exchange of tourists.
In order to sell tourism services on the market, which can increase foreign exchange earnings, as well as to exchange information and experience with tourism organizations, agreements are signed on the joint conduct of advertising and information events for the implementation of scientific and technical cooperation programs. Based on these agreements, governments, national tourism organizations and private businesses are committed to working together to provide the financial means to enable all people to enjoy tourism and international travel.

MINSK, December 23 (Xinhua) - The closing ceremony of the Year of Tourism of Belarus in China took place on Saturday in Minsk at the Bolshoi Opera and Ballet Theater of the Republic of Belarus. Belarus hopes to further expand cooperation with China in the field of tourism in order to promote the development of bilateral relations.

In his welcoming speech read at the closing ceremony of the Year of Tourism, Deputy Prime Minister of Belarus Igor Petrishenko noted that thanks to the common efforts of the leaders of the two states, bilateral cooperation is dynamically developing and rising to a new qualitative level. “Interaction is deepening in all areas. At the same time, cooperation with China in the field of tourism is one of the priority areas for the Republic of Belarus, he noted. “We are interested in the further progressive increase in tourism exchange between the two states, the expansion of interdepartmental and interregional Belarusian-Chinese contacts.”

I. Petrishenko expressed confidence that the intensification of interaction in the field of tourism between Belarus and China will give impetus to the further development of bilateral relations and will contribute to their strengthening.

Speaking at the closing ceremony of the Year of Tourism, First Deputy Minister of Sports and Tourism of Belarus Vyacheslav Durnov said that this year Belarus has taken a number of measures to attract Chinese tourists and create favorable conditions for them, in particular, an agreement was signed on the mutual abolition of the visa regime between Belarus and China, which came into force on August 10 this year. In addition, specialized tours have been created in Belarus, guides and translators are being trained, and tourist navigation is appearing in Chinese. Large museums use audio guides in Chinese. Belarusbank and other banks distribute UnionPay payment card services. Along with this, Belarusian tourism authorities and companies also took an active part in tourism exhibitions in China and presented the tourism resources of Belarus.

According to V. Durnov, in ten months of 2018, almost 19 thousand Chinese citizens visited Belarus. This is 12 percent more than in the same period last year. “However, the tourism potential of Belarus has not yet been fully revealed to Chinese tourists,” says the first deputy minister. Therefore, the Ministry of Sports expects that the number of guests from China in Belarus will grow every year. Especially taking into account the introduction of a visa-free regime between countries.

Chinese Ambassador to Belarus Cui Qiming noted that with the assistance of the Belt and Road Initiative, cooperation between China and Belarus in all fields continues to accelerate and has brought rich results. “In particular, exchanges and cooperation between China and Belarus have always intensified and deepened, playing an important role in promoting cooperation in all fields,” the diplomat said.

Cui Qiming noted that China and Belarus have enormous potential for enhancing tourism cooperation. He is confident that with the support of the tourism authorities of the two governments and other parties, exchanges and cooperation between the two countries will be further deepened and continuously promote mutual understanding and friendship between the peoples of the two countries and promote cooperation in all fields.

As part of the closing of the Year of Tourism of Belarus in China, the Ministry of Sports and Tourism of Belarus also organized the Belarusian-Chinese regional conference on cooperation in the field of tourism, at which travel companies presented the tourism resources of the regions of the two countries. At the conference, an agreement was also signed on the creation of a Center for the Popularization of Culture and Tourism in the city of Chongqing, China in Minsk, a memorandum of cooperation in the field of tourism between the Vitebsk region and Shandong province, as well as an agreement on a strategic partnership between the Republican Unitary Enterprise "Centrkurort" /Belarus/ and the Tongcheng company /China/. -0-

The activities of each tourism enterprise are associated with the conclusion of a large number of contracts with business partners (tour operators and travel agents), service providers, insurance companies, and consumers of tourism services. Along with the current legislation, the contract is an important means of regulating the relationships between market participants. (8, p. 18)

Tourism in its main characteristics does not have any fundamental differences from other forms of economic activity. Therefore, all existing norms of contractual activity can be fully applied in the work of tourism enterprises.

A contract is the most common legal fact that gives rise to binding legal relations. At the same time, it is a legal means of establishing property rights - ownership, economic management, operational management, etc.

A contract is usually defined as an agreement between two or more persons aimed at creating, changing or terminating civil rights and obligations.

Contractual relations in tourism are regulated by the norms of international and national civil law.

The contract for tourist services is regulated by the norms of Chapter 39 of the Civil Code of the Russian Federation and the Federal Laws “On the Fundamentals of Tourism Activities in the Russian Federation” and “On the Protection of Consumer Rights.”(5, 22)

Contractual relations in the field of tourism include legal relations between:

• - tour operators and travel agents;
• - tourism enterprises and consumers of tourism services;
• - tour operators and tourism service providers.

Main part of the contract is divided into specific and general terms of the contract. TO specific The following conditions are characteristic of this transaction, but are unlikely to be applicable to other transactions: the subject of the contract, the quality of services, the price parameters of the transaction, discounts on the price and surcharges to it, the payment procedure, the rights and obligations of the parties, the liability of the parties, the deadline for fulfilling obligations, procedure for changing and terminating the contract.

The specific terms of the contract constitute the topic and content of discussion when partners negotiate a deal.

TO general conditions agreements include provisions that are included in all agreements regardless of their content:

• - arbitration clause;
• - force majeure or force majeure circumstances, i.e. extraordinary or unavoidable. These circumstances make it possible to postpone the fulfillment of obligations or exempt the parties from fulfilling them.

IN final part of the contract indicated:

• - legal addresses of the parties;
• - postal and bank details of the parties;
• - all applications that are integral parts of the agreement;
• - signatures of the parties accompanied by the seal of each participant in the transaction;
• - indication of the place and date of conclusion of the contract. (5, from 13)

Negotiated relationship between tour operator and travel agent. Typically, the relationship between a tour operator and a travel agent is built according to one of three legal models:

• 1. as a contract of agency, under which a tour operator (principal), located abroad, instructs a Russian travel agent to conclude contracts with consumers on behalf of the principal;
• 2. as a contract of sale and purchase of property rights (tourism product);
• 3. as a commission agreement, when the role of the principal is a foreign tour operator, and the role of the commission agent is a domestic travel agent. From the point of view of currency legislation, tourists have the opportunity to pay the cost of tour operator services both directly abroad and when concluding with a travel agency.

In its activities, a travel agent is guided by the contractual relations of the tour operator, deviation from which is a violation of obligations and entails legal consequences. The rights and obligations of the parties are regulated by the concluded agreement, as well as by current legislation.

Negotiated relations between the tourism enterprise and consumers of tourism services are built on the basis of a tourist contract, the essential terms of which include:

• - information about the tour operator or travel agent;
• - information about the tourist;
• - reliable information about the consumer properties of the tourist product, along with information about the program of stay and travel route, about the safety conditions of tourists and the results of certification of the tourist product. The quality guarantee is a certificate of conformity;
• - start and end date of the trip;
• - retail price of the product and the procedure for its payment;
• - the procedure for meeting, escorting and seeing off tourists;
• - rights, obligations and responsibilities of the parties;
• - medical insurance and support;
• - the minimum number of tourists in the group required for the trip, an indication of the timing and procedure for informing the tourist that the trip will not take place due to a shortage of the group;
• - the procedure for resolving disputes and compensating the parties for losses;
• - the procedure and terms for submitting claims by the tourist, the procedure and terms for settlements.

Specific travel conditions and the retail price of the tourist product are indicated in the tourist voucher issued to the tourist (group of tourists) by the tour operator or travel agent. The tourist voucher is an integral part of the contract.

The procedure for formalizing contractual relations between consumers and a tourism enterprise includes the following steps:

• - tourist’s request with a specific request;
• - signing the contract;
• - issuance of tourist vouchers, vouchers;
• - issuance of information sheets.

Negotiated relations between the tour operator and tourism service providers.

Relations between the tour operator and service providers are built on the basis of cooperation agreements in the field of tourism.

Properly organized contractual work of a tour operator helps him not to become dependent on the activities of various service providers. Large tour operators usually sign long-term contracts with hotels, which, on the one hand, gives them low prices, but on the other hand, poses a certain risk for the hotel owner (he may lose money during inflation). There is also a risk for the tour operator (he loses money if not all tours are sold).

Agreements with service providers are drawn up on the basis of a standard agreement, including issues related to the service of tourists and the relationship of partners (service provider and tour operator).

All relationships with partners - service providers for tourist services along the tour route are formalized by concluding written agreements (contracts). They can take the standard form of the following contracts: purchase and sale, commission, exchange (for non-currency exchange by tourist groups).

The main provisions of contracts with service providers are similar to the provisions of a standard contract and include: the subject of the contract, basic conditions, rights and obligations of the service provider and tour operator, liability of the parties, force majeure, legal addresses and details of partners.

The contract is considered concluded when the parties have reached an agreement in due form on all essential terms. The parties have the right to establish the terms of the contract at their own discretion, since each case has its own specifics, depending on the characteristics of the provision of services to tourists and the relationship of the contracting parties. (5, p. 89)

International legal experience is important for effective legal regulation of tourism. At the same time, international legal regulation is associated not only with international tourism; it has a significant impact on national legislation in this area.

Generally recognized principles and norms of international law and international treaties of the Russian Federation are an integral part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided for by law, then the rules of the international treaty apply (Part 4, Article 15 of the Constitution of the Russian Federation).

Two main groups of international legal acts in the field of tourism can be distinguished: acts affecting the interests of the CIS countries; acts affecting the interests of other foreign states.

Before moving on to the analysis of international legal acts in the field of tourism, we will characterize the role and place of the World Tourism Organization (WTO) in the international legal regulation of tourism.

The WTO is a specialized organization within the UN system established in 1975 and plays a critical role in promoting and developing responsible, sustainable and inclusive tourism to promote economic development, international understanding, peace, prosperity, as well as mutual respect and unconditional respect for civil rights and fundamental freedoms. In fulfilling this mission, the WTO pays special attention to the interests of developing countries in the field of tourism.

The World Tourism Organization has the following structure:

The General Assembly is the highest body;
- Executive Council - governing body;
- regional commissions;
- committees;
- secretariat 1.

The Russian Federation is a member of the WTO as the legal successor of the former USSR, which has been a member of the WTO since its formation.

During the activities of international organizations, a number of important documents on tourism issues were adopted; the main ones:

Manila Declaration on World Tourism;
- The Hague Declaration on Tourism;
- Global Code of Ethics for Tourism;
- Charter of Tourism and its section “Code of Tourism”;
- Osaka Declaration on Tourism;
- Osaka Millennium Declaration.

Manila Declaration on World Tourism was adopted by the World Tourism Conference held in Manila (Philippines) in 1980. The Declaration defined the place of tourism in modern society. In particular, tourism is understood as an activity that is important in the lives of peoples due to its direct impact on the social, cultural, educational and economic spheres of life of states and international relations.

This act emphasizes the inextricable link between tourism and the rights of citizens to rest, vacation and free movement. Given the widespread acceptance of these rights as a direct consequence of the right to work, governments and societies must rethink the concept of tourism and provide citizens with meaningful opportunities to access tourism.

The declaration addresses the economic component of tourism. It is recognized as one of the main sectors of global economic activity. The development of domestic tourism has a positive effect on the country’s domestic economy, since it balances it, which should contribute to the activities of states to encourage appropriate investment.

However, conference participants noted that tourism cannot be assessed only from an economic point of view. Of great importance in the field of tourism are a sense of belonging to a culture and people, solidarity with compatriots, the ability of a citizen to exercise his right to a vacation, get acquainted with what surrounds him, and strengthen national consciousness.

The Declaration establishes the priority of spiritual values ​​in the tourism sector, which include:

1) complete and harmonious development of the human personality;
2) constantly increasing cognitive and educational contribution;
3) equal rights of peoples to determine their destiny;
4) human liberation (as the right to respect for his dignity and individuality);
5) recognition of the uniqueness of cultures and respect for the moral values ​​of peoples.

Particular attention is paid to social tourism, considered as a goal to which society should strive, by supporting youth tourism, tourism of the elderly and people with disabilities.

The said declaration noted that tourism has an impact on employment in states, as it contributes to the creation of new jobs.

The document also notes the international importance of tourism as a factor promoting mutual understanding between peoples.

The Hague Declaration on Tourism adopted by the Interparliamentary Conference on Tourism, held in The Hague (Netherlands) in 1989. The content of the declaration boils down to establishing 10 basic principles that must be observed by all participants in relations in the field of tourism. Each principle contains a fundamental thesis and recommendations for its implementation:

First principle contains a definition of tourism, which refers not only to all free movements of people, but also to the service sector created to meet the needs arising from these movements. Here the importance of tourism for human life and society is determined.

Second principle dedicated to the socio-economic component of tourism: “Tourism can be an effective means of promoting the socio-economic growth of all countries.” It is emphasized that the condition for this is an acceptable level of self-sufficiency in the tourism sector, in which the country should not spend more than what it hopes to receive from tourism.

Third principle reinforces the need to protect the natural environment and other tourism resources.

Fourth principle contains the definition of a foreign tourist.

Fifth principle speaks of the possibility of reasonable restrictions on human rights to rest and free time only in cases provided for by law.

Sixth principle dedicated to the issues of simplifying tourism formalities.

Seventh and Eighth Principles address the interrelated security issues in tourism and the threat of terrorism.

Ninth principle determines that the quality of tourism services depends on the level of education not only of specialists in the field of tourism, but also of society as a whole.

Tenth principle consolidates the main components of the interaction between tourism and public authorities, which are expressed in the special attention required by the state for the tourism sector, the vesting of tourism administrations with expanded powers, as well as the implementation of adequate national policies and international cooperation.

Global Code of Ethics for Tourism adopted in Santiago (Chile) in 1999 at the 13th session of the WTO General Assembly.

The code covers the following issues in the tourism sector: the contribution of tourism to mutual understanding and mutual respect between people and communities; responsibilities of tourism business professionals; right to tourism; freedom of tourist movements; rights of workers and entrepreneurs in the tourism industry.

Tourism is seen as an engine of individual and collective self-realization; factor of sustainable development; user and creator of cultural heritage; useful activity for host countries and communities.

Tourism Charter approved in 1985 at the 6th session of the WTO General Assembly. In fact, the document contains recommendations on the activities of several entities in the tourism sector: the state, representatives of the local population of tourist areas, workers in the tourism sector and tourists themselves. Recommendations for the latter are contained in a special section (Tourist Code).

Since the right to holiday is recognized throughout the world, States should develop and implement domestic and international tourism policies that include:

Development of tourism at various levels - local, regional, national and international;
- ensuring accessibility of tourism;
- protection of the tourist environment;
- promoting the growth of tourist consciousness and contacts of the local population with visitors;
- ensuring freedom of movement, absence of any discrimination and safety of tourists;
- creating conditions for tourists’ unhindered access to health care, administrative and legal services;
- taking measures to counter the use of tourism to exploit others for the purposes of prostitution and drug trafficking.

At the same time, the local population itself should have the opportunity to access tourism resources. It also has the right to expect understanding and respect for its customs, religions and other aspects of its culture, which should be ensured by the dissemination of relevant information among tourists. The local population should also receive tourists “with the best hospitality.”

Workers in the tourism sector, on whom the quality of the tourism product depends, also have the right to count on assistance from the state, expressed in creating favorable conditions for their activities, providing opportunities for professional training, cooperation among themselves and with public authorities.

The Tourist Code sets out the basic rights and responsibilities of tourists. Tourists should promote mutual understanding between peoples; show respect for the way of life and legislation of the host countries; be understanding of the customs, beliefs and actions of the local population; refrain from emphasizing the differences that exist between them and the local population; be sensitive to the culture of the local population; prevent the exploitation of anyone for prostitution and the distribution of drugs. Tourists have the right to: easing administrative and financial controls; possibly better transport conditions; free access to areas of tourist interest; adequate information about travel conditions; personal safety and security of your property; the opportunity to use public hygiene products and provide information on preventing the spread of infectious diseases; access to communications and administrative and legal procedures; the opportunity to practice one’s religion; appeal to legislative bodies and public organizations for the best implementation of the right to rest.

Osaka Tourism Declaration adopted in 1994 by the World Conference of Ministers on Tourism in Osaka (Japan). The Declaration addresses the growth and importance of international tourism, the development of the tourism industry, the impact of international tourism on society and the environment, the relationship between international tourism and world peace, and the role of governments and international organizations in tourism.

Osaka Millennium Declaration adopted in 2001 at the Millennium Tourism Leaders Conference, which was held in Osaka (Japan). This document states the achievements of the tourism sector by the beginning of the 21st century, and also raises the problems of developing the international tourism market, preserving cultural heritage based on tourism, and introducing modern information technologies into the tourism sector.

There are a number of documents devoted to certain aspects of tourism, for example:

WTO Statement on the Prevention of Organized Sex Tourism (Madrid (Spain) and St. Vincent, Balle d'Aosta (Italy), 1995);
- Documents of the International Conference on Tourism Safety and Travel Risk Reduction (Östersund (Sweden), 1995);
- Montreal Declaration, adopted by the General Assembly of the International Bureau of Social Tourism (Montreal (Canada), 1996), dedicated to the issues of social tourism;
- Materials of the WTO Madrid Seminar on training personnel for the tourism sector (Madrid (Spain), 2000).

International treaties in the field of tourism can be classified into: multilateral international treaties in the field of tourism and travel (for example, the Schengen Agreement of the European Union “On a Common Visa and Tourism Area”); bilateral agreements in tourism 2.

Multilateral cooperation between states in the legal regulation of international tourism activities is recognized as the most effective and promising; bilateral, however, does not have such a characteristic. “At the same time, due to the regional/subregional nature of integration processes, cultural community, and the location of tourism resources, the most adequate regulation is inherent in this level of interstate interaction” 3 .

Nevertheless, the practice of bilateral regulation of relations in the field of tourism is actively developing. Following the recommendations and developing the provisions of international acts, the Russian Federation (USSR) has concluded more than 50 agreements with foreign countries in the field of tourism. These agreements can be divided into agreements on cooperation in the social sphere, including tourism, and agreements devoted exclusively to tourism issues.

It must be emphasized that even in the case when a cooperation agreement between the Russian Federation and a foreign state is aimed at regulating only tourism relations, it is of a fairly general nature, establishing only a certain framework for further interaction.

As an example, let us analyze the Agreement between the Government of the Russian Federation and the Government of the Republic of Bulgaria on cooperation in the field of tourism 4. In accordance with this agreement, the parties:

Strive to simplify formalities related to tourist exchange between the Russian Federation and the Republic of Bulgaria;
- promote both organized group and individual tourism, as well as the exchange of specialized tourist groups, including for the purpose of visiting symposia and congresses on tourism issues;
- support the exchange between state tourism management bodies of statistical and other information in the field of tourism, including information on legislative and other regulations of states regulating tourism activities, as well as on experience in managing hotels and other tourist accommodation facilities;
- promote the participation of Russian and Bulgarian tourism organizations in international tourism exhibitions held with the support of their state tourism authorities, etc.

In accordance with the decision of the heads of government of the Commonwealth of Independent States, the CIS Tourism Council was formed in September 1994. The main acts on cooperation between the CIS member states in the field of tourism are:

Intergovernmental agreement of December 23, 1993 “On cooperation in the field of tourism”;
- Recommendatory legislative act of the Interparliamentary Assembly of the CIS member states of October 29, 1994 “On the basic principles of cooperation of the CIS member states in the field of tourism”;
- Interstate target program of February 14, 1996 “Development of tourism ties between the CIS member states” (concept). Analyzing the ongoing cooperation policy of the CIS member states, adopted international legal acts in the field of tourism, A.V. Strigulina concludes that there are shortcomings in the development of the legal framework in the tourism sector, including the following:

A) provisions on the goals and objectives, directions of activity of fundamental international legal acts are not sufficiently specified;
b) many of the wordings of agreements are non-binding (“will strive”, “will contribute”, etc.);
c) there is no uniformly understood definition of some concepts and phenomena used in the field of international tourism, or their application is not entirely justified in the adopted documents and agreements of the CIS.

Among the reasons that complicate the process of creating a single tourist space, the author also names the instability of the political situation, different levels of development of the economies of the CIS member countries, failure to comply with integration agreements, etc. 5

Notes

1. See: www.world-tourism.org/ruso/about_wto/general_info_wto_updated2006.htm#mission
2. See: Korneev S.E., Vikulova O.N. International legal regulation of tourism activities // Tourism: law and economics. 2005. No. 4. pp. 24–27.
3. Chebotareva I.A. Decree. op. S. 8.
4. Bulletin of international treaties. 2008. No. 10.
5. See: Strigulina A.V. Cooperation of the Russian Federation within the CIS on issues of legal regulation of international tourism // Tourism: law and economics. 2005. No. 4. P. 31.