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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of February 10, 2017 No. 167

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 and modification of Rules of rendering services in realization of tourist product

The 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. Add the Rules of rendering services in realization of tourist product approved by the order of the Government of the Russian Federation of July 18, 2007 No. 452 "About approval of Rules of rendering services in realization of tourist product" (The Russian Federation Code, 2007, No. 30, Art. 3942; 2013, No. 13, Art. 1558; 2014, No. 39, Art. 5263; No. 43, Art. 5900; 2015, No. 46, Art. 6390; 2016, No. 32, Art. 5116), Item 14.2 of the following content:

"14.2. Tour operator of several insurance contracts of responsibility of tour operator and (or) receipt of several bank guarantees the agreement on realization of tourist product shall contain data on the amount of financial provision of responsibility of tour operator in conclusion cases, and also separately data on the sizes of insurance sums and (or) the sizes of bank guarantees under the agreement or insurance contracts and (or) under the agreement or agreements on provision of the bank guarantee signed with each organization which provided financial provision of responsibility of tour operator.".

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of February 10, 2017 No. 167

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 (further - the applicant) insurance indemnity according to the insurance contract of responsibility of tour operator or payment of sum of money according to the bank guarantee of obligation fulfillment under the agreement on realization of tourist product in conclusion cases by tour operator more than one insurance contract of the civil responsibility for non-execution of agreement obligations about realization of tourist product (further respectively - the insurance contract, the bank guarantee) 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 bank guarantee agreements.

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 organizations which provided to tour operator financial provision of responsibility of tour operator on which written requirement of the applicant about payment of insurance indemnity for the insurance contract or about payment of sum of money for the bank guarantee is imposed (further - the requirement).

3. The organization which provided to tour operator financial provision of responsibility of tour operator and received requirements based on information containing in requirements during each 20 calendar days from the date of receipt of the first requirement creates the register of requirements.

4. In case of the conclusion tour operator more than one insurance contract or more than one bank guarantee agreement or agreements or insurance contracts and the agreement or bank guarantee agreements the applicant of the financial provision of responsibility of tour operator having the right to impose within the size written requirement to any organization which provided to tour operator financial provision of responsibility of tour operator for the choice.

If the requirement to the organization which provided to tour operator financial provision of responsibility of tour operator is not satisfied or satisfied partially, the applicant has the right to address with the requirement to other organizations which provided to tour operator financial provision of responsibility of tour operator in the amount of the part of the requirement which remained unsatisfied within the amount of financial provision.

The applicant attaches the documents provided by part three of article 17.5 of the Federal law "About Bases of Tourist Activities in the Russian Federation" to the requirement.

5. The organization which provided to tour operator financial provision of responsibility of tour operator on which requirement is imposed, reports to the applicant about the made decision regarding satisfaction of the requirement included in the register of requirements, and about the amount of payment and also makes cash payment money or in the way of transfer to the bank account specified by the applicant within 10 calendar days after the term of forming of the register of requirements specified in Item 3 of these rules.

6. By provision to tour operator of financial provision of responsibility of tour operator by several organizations these organizations have the right to sign the agreement on interaction.

7. The agreement on interaction establishes the rights and obligations of each of participants, including on interaction by consideration of requirements (including exchange of the documents attached to requirements and also information containing in registers of the requirements created according to Item 3 of these rules) and distribution of payment obligation between them in the amount of the actual damage caused to the applicant and priority of payments.

 

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