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Accepted at the twenty seventh plenary session of Inter-parliamentary Assembly of the State Parties of the CIS by the resolution of November 16, 2006, No. 27-15

Model law

About tourist activities

This Law is designed to provide development of economic cooperation and cultural mutual enrichment of the people, to promote strengthening of civil peace and harmony, mutual understanding, approval of universal values, in every possible way to promote rapprochement of the normative legal basis of the State Parties of the CIS in the respective area of regulation of legal relationship, to forming and development within the Commonwealth of Independent States of civilized tourist space.

Chapter 1. General provisions

Article 1. Basic concepts, terms and determinations

In this Law the following concepts, terms and determinations are used:

destination - the destination of tourist travel (tourist trip, tour, excursion), the place of visit (the territory, the area, the city, the settlement, the tourist center) by the citizens who are not living constantly in this area and not belonging to the category of local population;

the contract for tourist servicing - the agreement between tour operator or the travel agent and the tourist on paid rendering tourist services;

the tourism industry (the tourist industry, tourist industry) the industry of economy of the state including tourism as element of the social and economic scope which falls the integral cumulative part the industries of all types of transport of tourists and their baggage, the hospitality industry intended for the organization of leisure and for the purpose of tourism - placement and food of tourists, the industry of services of attraktion and other services (sanatorium, educational and others), the industry of tourist and excursion and museum services, intermediary and separate services of tour operators and travel agents, and also the industry of the tourist services and works promoting their consumption, sales of goods of tourist assortment and souvenirs;

collective means of placement - the property complex (hotel, motel, hotel, board, boarding house, the guest house, camping, rest house, sanatorium organization, tourist center, club with accommodation, etc.) meeting the requirements of the standard and the certificate, and in the cases established by the legislation, also classified by category (class) depending on the level and the range of the rendered services, including food, conveniences, communication, other services, and the available equipment according to requirements of the standard, being under single management and consisting, at least, of 10 numbers;

the complex (packaged) tourist service - the complex of tourist typical and atypical services arranged by the program and interconnected by technology of rendering (and also works and goods), generally - tour which appears or offered for rendering to the consumer (tourist) for total price and includes, at least, services in transportation and services in placement, and also other tourist and separate services, including transfer, not connected with transportation and placement;

the resort - the territory having natural medical and improving resources where medical and improving institutions, constructions and other objects of the tourist industry of resorts and infrastructure are located;

resort activities - the kind of tourist activities connected with the organization of use of the natural medical and improving resources necessary for use of them of constructions and the equipment (boreholes, pump rooms, galleries, bathrooms, mud baths, beaches, climatic pavilions, aero sunbeds, etc.) and objects of the tourist industry of resorts (sanatoria, hotels, rest houses, boarding houses, sporting and cultural venues, etc.) for the purpose of prevention of diseases, treatment, rehabilitation and improvement of citizens' health;

objects of the tourist industry - automobiles and transport enterprises (carriers), individual and collective means of placement and the company of food, culture, entertainment (attraktion) and sport, medical and improving services of the resort sphere, trade, information resources and information systems, means of ensuring of the automated information systems and their technologies, and also other material and non-material benefits, property, property complexes (companies), results and products of intellectual activities, etc. belonging to subjects of the tourist industry on the property right, other legal cause (under the agreement, etc.) and used by them for production and rendering complex and (or) separate tourist services, atypical tourist services, the accompanying services, works and production and sales of goods of tourist assortment and consumption;

rendering (provision, delivery) tourist usluguporyadochenny process of forming, production, promotion and marketing, distribution (booking, reservation), sales, deliveries and execution of separate, complex tourist services and tourist product to tourists and (or) tourists (generally to sluchayepotrebitel) which is regulated by measures in the form of the laws, resolutions, rules, procedures, decisions, administrative action or in any other form. Regulation is applied in the relation: a) reservations, purchases, payments or uses of service; b) access to services and use of services in connection with service provision to citizens as the wide offer; c) business presence, including business presence, subjects of the tourist industry for the purpose of delivery of service in the territory of the or other state;

organizers of tourism (customers of services of subjects of the tourist industry) - the legal entities and physical persons using services of subjects of the tourist industry and also the other persons ordering separate or complex services of subjects of the tourist industry for the purpose of the subsequent assignment of rights on their use to consumers (intermediaries - tour operators, travel agents, tourist and excursion bureaus, travel agency and others, for example enterprise customers);

special tourist and recreational economic zone - the part of its territory determined by the government of the state on which the specific mode of implementation of business activity in the field of tourism, the tourist industry and tourist activities, environmental protection acts;

the permanent residence - the regular place (area) of residence of the citizen during the term exceeding six months in a row, and also all other places and objects of this area, the territory, the city, the tourist centers which are systematically visited by this person (place of employment, studies, rest, etc.) and allowing to carry this individual to local population;

consumers of tourist services (and also the accompanying services, works and goods) subjects of the tourist industry - the tourists, tourists, guests of means of placement, other visitors of destination, including the corporate customers having intention to order, ordering or using separate or complex services of subjects of the tourist industry only for the personal and social needs which are not connected with implementation of business activity or commercialization;

natural medical (resort) resources - mineral waters, therapeutic muds, karst caves, the sea, suitable for treatment, the woods, other natural resources, in general medical climate used in the medical, preventive, improving and rehabilitation purposes;

promotion of services of subjects of the tourist industry - the arranged and purposeful package of measures and actions performed by subjects of the tourist industry or by their order for the purpose of activation of demand for tourist services (works, goods) of subjects of the tourist industry by means of local or global information impact on society and segments of the potential and (or) real consumer market of tourist product in the form of promotion of the conduct of life promoting consumption of services and tourist product, methods of advertizing and (or) image shares by creation and functioning of information (tourist and information) centers, participation in specialized exhibitions, fairs, creation of TV programs, series, the publication of books, catalogs, booklets, creation of the Internet portals, distribution of information on electronic media and also other information impact on the real or potential customer or the consumer of services, tourist product, directly or it is mediated promoting achievement of effective objectives;

the register of tourism - the integrated knowledge base based on means and methods of high information technologies containing information on tourist resources of destination (the region, the country), natural and cultural heritage, databank about business entities of the tourist industry, statistical and analytical data of monitoring of tourist resources, the industries of tourism and tourist activities in destination (the region, the country), managed by authorized body on tourism;

subjects of the tourist industry - the physical persons or legal entities providing in the procedure established by the legislation direct and indirect (intermediary) tourist services, and the contractors of these services performing activities for the organization and rendering complex and separate tourist services, accomplishment of the accompanying services and works promoting consumption of tourist services and sales of goods of tourist appointment on the basis of tourist resources with use of the methods, methods, objects and means inherent to the tourist industry;

the timeshare - right of possession on the basis of priority for the purpose of rest during certain time (over a year) for certain term real estate object (apartments, cottages, country houses, mansions, etc.) which can use at discretion within rules of condominium; club rest in the mode of the divided time during the certain period every year, taken as a unit of measurement in the market of rights of possession club rest, usually multiple to week; the club rest in real time during any period of year depending on the cost of the acquired membership in club estimated in points or credit points;

the development territory - any territory having target attractiveness, secure (having) necessary and sufficient resource intensity (biospheric nature), answering to regulations and rules of life activity of the person and not containing any forms of health hazard and human life;

tour - the organized tourist trip (tourist travel) made for the purpose of tourism, during certain term, along certain route and the tseleopredelenny program, at uniform price, performed on planned basis by the citizen (citizens) with assistance of the organizer(s) of tourism (tour operator or the travel agent). Tour includes, at least, two tourist services: transportation, placement, and also other tourist and excursion services;

tourist's agency activities - intermediary activities for promotion of tourist product, rendering information and consulting services, and also the intermediary sales activity of tourist product to final potrebitelyuturist (the tourists, corporate subjects representing their group interests) performed by the organizer turizmaturagenty, the tourist agency, the agent, excursion bureau, tourist and excursion bureau, tourist information center in interests, at the request of tour operator or under the agreement of agency service and due to subjects of the tourist industry for the purpose of satisfaction of requests of consumers. The travel agent has the right of rendering (sale) of separate (not complex) tourist and wake services to tourists and other consumers. If that is established by the law, the travel agent acts on the basis of the licenses and under financial guarantee;

tourism - the component of the social and economic sphere of the state including free movements (tourist travel, tourist trips, temporary departures) of citizens and (or) their stay outside the permanent residence during the period which is not exceeding the term established by the national legal system in - medical and improving (sanatorium), cognitive, religious (except religious ceremonial pilgrimage), the sports, professional and business and other purposes answering to public morals and respectability, but except for occupations in the place of stay with the activities paid from local financial source;

the tourist - the citizen, the consumer of separate or complex tourist services and (or) tourist product making preparations for tour (having intention to perform it) or its implementation and (or) staying outside the permanent residence during the period which is not exceeding six months in a row, for the purpose of tourism, and performing in destination, at least, one spending the night (the spending the night visitor) in collective, specialized or individual means of placement, except for spending the night in any vehicles;

tourist activities - direct or indirect, intermediary activities in the field of tourism of subjects of the tourist industry for the organization (forming), promotion, sale and execution of separate or complex tourist services and (or) tourist product;

the tourist voucher - the document confirming the tourist's right to the services which are part of tour, and the fact of their payment;

tourist examination - the comprehensive analysis of attractiveness of the existing and potential tourist and recreational zones for identification and determination of the direction of rational use of tourist resources, tourist objects, objects of natural and cultural heritage for the purpose of ensuring sustainable development of tourism, promoting and the organization of tourist flows with optimum anthropogenous loading, and also investment attraction to the specific region or special tourist and recreational zone;

tourist resources - set of climatic, historical, recreational, cognitive, social resources, objects of natural and cultural and historical heritage, other objects of tourist interest and display, potentially or really capable to satisfy spiritual and intellectual needs of tourists, to promote recovery and development of their physical forces, maintenance of normal life activity. Especially protected natural territories, objects of cultural and natural heritage, and also medical and improving areas and resorts also belong to tourist resources;

tourist services - services of subjects of the tourist industry, product of tourist activities - any actions (direct or indirect, intermediary transactions) performed by subjects of the tourist industry at discretion or by the specific order of tourists and (or) tourists, guests of means of placement, visitors of destination (in general consumers) for the purpose of tourism, including the sanatorium actions, including forming and promotion of tourist product of all levels aimed at providing and recovery of physical forces of consumers, maintenance of their normal life and activities, establishment of business contacts and also for the purpose of satisfaction of spiritual and intellectual needs of tourists;

tourist product - the arranged and interconnected complex of tourist typical and atypical services, works, the goods promoting consumption of the tourist services and based on tourist resources. The tourist product can be national, regional and local. The legal nature and sense of tourist product consists in the right of the tourist and (or) other consumer to receipt in the future of separate or complex tourist services;

the tourist offer - the responsible offer in the internal and world tourist markets of the arranged set of tourist product and (or) tourist services of destination (the region, the country) by means of which tourist resources which it has accustom;

the tourist's leader, the attendant, the head of tourist (excursion) group - the physical person having professional training, experience, knowledge and skills, rendering the timely and high-quality information and excursion, organizational services included in round, the qualified help to tourists, tourists, participants of travel in the limits provided by the agreement on provision of tourist services;

tour operator activities - the intermediary activities connected with forming (organization) and promotion of tourist product, its wholesale, for the organization of maintenance of paid rendering (execution) of complex tourist services (separate tourist services, tourist trips, packaged tourist services as a part of tourist product), performed by legal entity or physical person, the entrepreneur without formation of legal entity (generally the organizer of tourism) - tour operator - on its own behalf, at own expense and on the risk, and also if that is established by the law, based on the license and under financial guarantee. The tour operator has the right of provision (sale) of straight lines of separate (not complex) tourist services to tourists and other consumers;

services of the guide-interpreter - the actions (transaction) for maintenance and acquaintance of tourists with tourist resources performed by means of consecutive and (or) simultaneous interpretation of the speech of the guide (the report, lecture, the message, other information) the creative specialist having the corresponding qualification and accredited in accordance with the established procedure;

placement services - services of the industry of hospitality, activities for content and ensuring proper level of functioning of means of placement according to the standard and the certificate of the appropriated classification, promotion of services of placement, action (transaction) for booking, placement and temporary residence of guests and tourists in collective and specialized, and individual means of placement, and also other actions (transactions) connected with placement and temporary residence of citizens and rendering by it the accompanying services, including food and sales of goods, utility and household services;

services of the guide (guide) - the actions (transaction) for preparation, maintenance and acquaintance of tourists with subjects to excursion display performed in information, educational, cognitive, cultural and educational and other purposes by the creative specialist having the corresponding qualification (the guide, the guide, the guide-interpreter) and accredited in accordance with the established procedure;

sustainable development of tourism - the concept of tourism development providing long-term throughout generations, permissible anthropogenous load on tourist resources, their viability, development and economic profitability;

the tourist - the participant of excursion route or tour (tourist trip, travel), the visitor of destination with the tourism purposes performing activities for acquaintance with tourist resources and objects of destination in the place of stay during the period which is not exceeding 24 hours if such trip (tour) does not include service of destination in placement (spending the night). Also the locals participating in excursion belong to the category of tourists;

excursion activities - activities of subjects of the tourist industry (tour operators, travel agencies, tourist and excursion, excursion bureaus, bureau of guide-interpreters), and also the accredited physical persons having necessary qualification on preparation, the organization and holding excursions, and also rendering services of the guide, guide, guide-interpreter;

the guide (guide) - the physical person having professional training, experience and knowledge of subject of excursion and subject to display, experience of ekskursovodchesky activities, possessing the necessary and sufficient professional information about the country (area) over which the tourist travel, picturesque places, places of historical and cultural value, natural and cultural heritage, traditions and customs, the shown subjects to display, and also knowing language of this country is performed or, when servicing foreign tourists, tourists, visitors, by language of foreign tourists, or language which they know, and having proper accreditation in destination or on subject to display (excursion) on accessory.

Article 2. Types and kinds of tourism

1. Types of tourism differ in the direction tourist potokovmezhdunarodny and internal tourism, to method of financing of expenses on tourism and method of the organization of tourism.

2. The international tourism includes:

- entrance tourism - tourism within the territory of the state of the citizens who are not living constantly in the territory of this state;

- outbound tourism - tourism of the citizens who are constantly living in the territory of the state on the territory of foreign (other) states.

3. Internal tourism - tourism within the territory of the state of the citizens who are constantly living in this state.

4. Rural (rural) tourism - activities for the organization of rest of tourists in the rural zone or in the small cities (in the absence of industrial zones and building) with provision of services of hospitality in private sector with possibility of labor participation (agrotourism), oriented to use of the natural, cultural and historical and other resources traditional for this area.

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