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The document ceased to be valid since  January 1, 2021 according to Item 1 of the Order of the Government of the Russian Federation of June 23, 2020 No. 911

ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 10, 2016 No. 779

About approval of Rules of compensation of the actual damage to tourists and (or) other customers of tourist product from money of fund of the personal responsibility of tour operator in the field of outbound tourism

(as amended on 23-11-2020)

According to part eleven of article 11.6 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 compensation of the actual damage to tourists and (or) other customers of tourist product from money of fund of the personal responsibility of tour operator in the field of outbound tourism.

2. This resolution becomes effective since January 1, 2017.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of August 10, 2016 No. 779

Rules of compensation of the actual damage to tourists and (or) other customers of tourist product from money of fund of the personal responsibility of tour operator in the field of outbound tourism

1. These rules establish procedure and conditions of compensation of the actual damage to tourists and (or) other customers of the tourist product which resulted from non-execution of agreement obligations by tour operator about realization of tourist product in the field of outbound tourism (further - the agreement on realization of tourist product), from money of fund of the personal responsibility of tour operator in the field of outbound tourism (further respectively - fund, tour operator).

2. Persons having the right to impose written requirement about compensation of the actual damage from money of fund (further - the requirement about compensation of money) are tourists, other customers of tourist product (further - other customers) or their representatives.

Representatives of specified persons are understood as persons which are acting on the basis of the properly certified power of attorney.

The actual damage which is subject to compensation from money of fund is understood as expenses of the tourist and (or) other customer according to the agreement on realization of tourist product.

3. Merging of tour operators in the field of outbound tourism (further - merging of tour operators) shall pay the money which is due to the tourist and (or) other customer, for the purpose of compensation of the actual damage only from money of fund on demand about compensation of money, shown by the tourist and (or) other customer, in the presence of the basis specified in item 4 of these rules.

4. The basis for payment of the money which is due to the tourist and (or) other customer for the purpose of compensation of the actual damage from money of fund is the causing fact to the tourist and (or) other customer of the actual damage which resulted from non-execution of the agreement obligations by tour operator about realization of tourist product in the field of outbound tourism in connection with the termination of tour operator activities for the reason of impossibility of performance of all agreement obligations about realization of tourist product (further - the basis for compensation of the actual damage).

Date of factual determination of causing to the tourist and (or) other customer of the actual damage day when the tour operator publicly declares the termination of tour operator activities for the reason of impossibility of performance by tour operator of all agreement obligations about realization of tourist product according to part nine of article 4.1 of the Federal law "About Bases of Tourist Activities in the Russian Federation" (further - the Federal Law), or day of acceptance authorized federal executive body of the decision on exception of tour operator of the register based on the paragraph of the sixteenth of part fifteen of article 4.2 of the Federal Law is considered.

4(1). From money of fund the difference between the sum of money of the actual damage and sum of money received by the tourist and (or) other customer according to the insurance contract of the civil responsibility of tour operator for non-execution of agreement obligations about realization of tourist product (insurance indemnity) and (or) the bank guarantee according to article 17.5 of the Federal Law in the following cases is compensated:

before achievement of the maximum size of the fund specified in article 11.6 of the Federal Law;

if in case of achievement of the maximum size of fund and receipt by tour operator of release from financial provision of responsibility of tour operator in the field of outbound tourism and payment of fees in fund of the personal responsibility of tour operator at the time of emergence of the basis for compensation of the actual damage it had agreement or insurance contracts of responsibility of tour operator and (or) the agreement or agreements on provision of the bank guarantee signed before achievement of the maximum size of fund with the organization or the organizations which provided financial provision of responsibility of tour operator in the field of outbound tourism.

5. If the basis for compensation of the actual damage arose in the cases specified in item 4 (1) these rules, requirement about compensation of money can be imposed in merging of tour operators taking into account the terms established by the subitem "b" of Item 10 of these rules, but not earlier than acceptance by the organization which provided to tour operator financial provision, decisions on implementation (refusal in implementation) payments of insurance indemnity or payment of sum of money for the bank guarantee.

The tourist and (or) other customer (their representative) has the right to require, including before the actual date of departure to the country of temporary stay specified in the agreement on realization of tourist product, compensation of the actual damage including if the actual damage was caused before the date specified in the paragraph the second item 4 of these rules.

6. In the requirement about compensation of money it is specified:

a) surname, name and the tourist's middle name, the address of its residence, surname, name and middle name of other customer and (or) his representative, the address of their residence (if the requirement about compensation of money moves one of them);

b) agreement number about realization of tourist product and date of its conclusion;

c) total price of tourist product;

d) name and register number of tour operator;

e) information on circumstances (facts) testimonial of non-execution of agreement obligations by tour operator of realization of tourist product;

e) extent of the actual damage;

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