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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of November 11, 2020 No. 1811

About approval of Rules of payment to the tourist and (or) other customer of insurance indemnity for the insurance contract of responsibility of tour operator or payment of sum of money according to the bank guarantee in conclusion cases tour operator more than one insurance contract or more than one agreement on provision of the bank guarantee or the conclusion by tour operator of the agreement or insurance contracts and the agreement or agreements on provision of the bank guarantee

According to part seven of article 17.5 of the Federal law "About Bases of Tourist Activities in the Russian Federation" Government of the Russian Federation decides:

1. Approve the enclosed Rules of payment to the tourist and (or) other customer of insurance indemnity for the insurance contract of responsibility of tour operator or payment of sum of money according to the bank guarantee in conclusion cases as tour operator more than one insurance contract or more than one agreement on provision of the bank guarantee or the conclusion tour operator of the agreement or insurance contracts and the agreement or agreements on provision of the bank guarantee.

2. This resolution becomes effective on January 1, 2021 and is effective till January 1, 2026.

Russian Prime Minister

M. Mishustin

Approved by the Order of the Government of the Russian Federation of November 11, 2020 No. 1811

Rules of payment to the tourist and (or) other customer of insurance indemnity for the insurance contract of responsibility of tour operator or payment of sum of money according to the bank guarantee in conclusion cases tour operator more than one insurance contract or more than one agreement on provision of the bank guarantee or the conclusion by tour operator of the agreement or insurance contracts and the agreement or agreements on provision of the bank guarantee

1. These rules establish payment procedure to the tourist and (or) other customer of tourist product of insurance indemnity according to the insurance contract of responsibility of tour operator or payment of sum of money according to the bank guarantee in case of non-execution of agreement obligations about realization of tourist product by the tour operator who signed more than one insurance contract of the civil responsibility for non-execution of agreement obligations about realization of tourist product and (or) the agreement on provision of the bank guarantee of obligation fulfillment under the agreement on realization of tourist product (further respectively - the insurance contract, the bank guarantee, financial provision of responsibility).

2. Payment of insurance indemnity for the insurance contract or payment of sum of money for the bank guarantee (further - payment) is performed by the organization which provided to tour operator financial provision of responsibility based on the written requirement about payment (further - the requirement about payment) shown by the tourist or his legal representative and (or) other customer of tourist product (further - the applicant) according to article 17.5 of the Federal law "About Bases of Tourist Activities in the Russian Federation".

3. If the tour operator signs more than one insurance contract and (or) is obtained several bank guarantees, the organizations which provided to tour operator financial provision of responsibility, the agreement having the right to sign which establishes the rights and obligations of each of them, including on interaction by consideration of requirements about payment (including exchange of information about the imposed requirements about payment, and also the documents attached to requirements about payment), to distribution of obligation between them on implementation of payments, and priority of payments.

4. If the tour operator signs more than one insurance contract and (or) several bank guarantees are obtained, the applicant has the right to impose at the choice written requirement about payment to any organization which provided to tour operator financial provision of responsibility within the amount of the financial provision of responsibility provided by this organization.

5. If requirement about payment imposed by the applicant according to item 4 of these rules to the organization with which the tour operator signs the agreement of financial provision of responsibility is not satisfied or satisfied partially, the applicant has the right to address with the written requirement about payment other organizations which provided to tour operator financial provision of responsibility in the amount of part of the requirement about the payment which remained unsatisfied within the amount of the financial provision of responsibility provided by these organizations.

 

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