Contract of rendering of travel services

APPROVED
Resolution of the Council of Ministers of the Republic of Belarus
11.08.2022 № 523

Standard Form

AGREEMENT
for the provision of tourist services №

___ ___________ 20__ g.                                                                                                         ___________________________
                                                                                                                                    (place of conclusion of the contract)
_________________________________________________________________________________________________________________________ ,
(name (brand name) of the tour operator)
hereinafter referred to as the Contractor, represented by __________________________________________________________________________________ ,
                                                                                                                                      (position of the employee engaged in tourism organization, surname, first name, patronymic (if any), name (brand name) of the travel agent, surname, first name, patronymic (if any) of the individual entrepreneur)
acting on the basis of ______________________________________
                                                    (founding document, power of attorney, agency agreement, or any other agreement not prohibited by law)
on one side, and _______________________________________________________________________________________________________________ ,
                                                                                (surname, first name, patronymic (if any) of an individual, name (brand name) of a legal entity)
hereinafter referred to as the Customer, on the other side, collectively referred to as the parties, have concluded this agreement as follows:

SUBJECT OF THIS AGREEMENT

1. The Contractor agrees, at the request of the Customer and in accordance with the tourist travel program as per Appendix 1, to provide tourist services to the individuals listed in Appendix 2, who are tourists or excursionists (hereinafter, unless otherwise specified, - tourists), and the Customer agrees to pay for these services.

GENERAL CONDITIONS

2. If this agreement is concluded for the benefit of third parties (tourists), the Customer undertakes to ensure that these individuals comply with the terms of this agreement and thereby expresses their consent to the terms of this agreement.
3. Tourists have the right to demand from the Contractor the provision of tourist services in accordance with the tourist travel program as per Appendix 1.
4. The travel agent authorized by the Contractor to conclude this agreement has the following powers:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
<*>
5. The number of tourists to whom tourist services will be provided under this agreement is _____ persons.
6. The minimum number of persons, determined by the Contractor when forming the tour, necessary for the implementation of the tourist trip, is _____.
7. The quality of tourist services must comply with the terms of this agreement, and in the absence or incompleteness of those, with the requirements for services of the corresponding type.

COST OF TOURIST SERVICES AND PAYMENT PROCEDURE

8. The cost of tourist services under this agreement is _______________________________________________________________.
9. The terms and procedure for payment of tourist services, as well as penalties (fines) for non-payment _______________________________________________________________________________.

RIGHTS AND OBLIGATIONS OF THE PARTIES

10. The Contractor has the right to:
timely receive from the Customer complete and accurate information, documents, as well as details about themselves and the tourists to the extent necessary for the fulfillment of their obligations under this agreement;
compensation from the Customer for any damage caused in the cases and procedures established by civil and civil procedural law;
___________________________________________________________________________________________________________.

11. The Contractor must:
11.1. timely provide the Customer with information about tourist services, including the following details:
about the tourist travel program;
about the tour operator who formed the tour;
about the cost of tourist services, the terms, and procedure for their payment;
about the set of measures ensuring the personal safety and property protection of tourists, excursionists during the tourist trip;
about the exact time of the start of the tourist trip, no later than one day before the start date of the trip or at the moment of concluding this agreement if less than one day remains before the start of the trip;
about the receiving party;
other information related to the provision of tourist services;
11.2. in the case of international outbound tourism, in addition to the information specified in clause 11.1 of this section, also provide information about:
compliance with the rules of personal safety for the tourist, excursionist;
ensuring the fulfillment of the obligations of the tour operator who formed the tour under contracts for providing tourist services in the field of international outbound tourism through means of ensuring the fulfillment of obligations under international outbound tourism contracts;

the procedure for participants in tourist activities to claim compensation for property damage due to cases where the tour operator is unable to fulfill its obligations;
11.3. timely provide the Customer with the documents necessary for the tourist trip;
11.4. take measures to ensure the rights, freedoms, and lawful interests of the Customer and tourists during their tourist trip within the country (place) of temporary stay (transit passage), including in case of committing an unlawful act or any unforeseen circumstance affecting the Customer and/or tourists;

11.5. ensure the proper quality of tourist services and their safety in accordance with this agreement;
11.6. in case of the absence of the minimum number of people specified in section 6 of this agreement, inform the Customer about this no later than ten calendar days before the start date of the tourist trip;
11.7. compensate, according to the procedure established by civil and civil procedural law, for damage caused to the Customer and/or tourists;
11.8. in case of unilateral refusal to perform the obligations under this agreement during the tourist trip at the tourist's request, arrange their return to the place of departure (completion) of the tourist trip on the conditions defined in this agreement or on conditions of a higher level;
11.9. if during the tourist trip it becomes apparent that the volume and quality of the tourist services provided do not meet the conditions of this agreement, replace the tourist services provided during the trip with services of equivalent or higher quality without additional costs to the Customer, and with the Customer's or tourist's consent – with services of lower quality, compensating the Customer for the difference between the cost of tourist services stated in this agreement and the cost of the services actually provided;
11.10. ensure the fulfillment of their obligations under this agreement by means of ensuring the fulfillment of the tour operator’s obligations under international outbound tourism contracts, as provided by tourism legislation;
11.11. notify the Customer of cases where it is impossible to fulfill its obligations under this agreement;
11.12. inform the Customer about any unforeseen increase in the cost of certain services included in the package of tourist services;
11.13. fulfill the conditions of this agreement;
______________________________________________________.

12. The Customer has the right to:
12.1. demand the provision of tourist services to tourists in accordance with the tourist travel program as per Appendix 1;
12.2. compensation for damage caused by the Contractor in the cases and procedure established by civil and civil procedural law;
12.3. ensure that the Contractor provides tourist services of appropriate quality and safety;
12.4. file a complaint with the Contractor in case of non-fulfillment or improper fulfillment of the conditions of this agreement by the Contractor;
_______________________________________________________________________.

13. The Customer must:
13.1. familiarize themselves and the tourists with the terms of this agreement, as well as with the information provided in subparagraphs 11.1 and 11.2 of section 11 of this agreement;
13.2. independently familiarize themselves and comply with the rules for leaving the Republic of Belarus and entering the Republic of Belarus;
13.3. timely provide the Contractor with complete, accurate information and documents, as well as details about themselves and the tourists necessary for the fulfillment of obligations under this agreement;
13.4. reimburse the Contractor for any costs incurred in case of unilateral refusal to perform obligations under this agreement, provided that these costs are documented;
13.5. fulfill the conditions of this agreement;
13.6. ensure that the tourists fulfill the following obligations:
arrive at the location of the tourist trip start on time, as well as at the gathering and departure points during the trip;
comply with the legislation of the country (place) of temporary stay, respect its political and social structure, customs, traditions, and religion of the population;
treat the environment and cultural values with care;
comply with the entry and exit rules of the country (place) of temporary stay (transit passage);
comply with the rules of personal safety for the tourist, excursionist;
_______________________________________________________________________.


AMENDMENT AND TERMINATION OF THIS AGREEMENT

14. Changes, termination, unilateral refusal to perform obligations under this agreement shall be made on the grounds provided by civil law and this agreement, in the form in which this agreement was concluded.
15. The Customer has the right to unilaterally refuse to perform obligations under this agreement, provided that the Contractor is compensated for the actual expenses incurred.
The Contractor, in the event of the Customer’s unilateral refusal to perform this agreement, must take necessary and reasonable actions to reduce the actual expenses incurred, including contacting any third parties involved in the tourism industry to reduce such expenses.
If the Contractor fails to confirm the actual expenses incurred, refuses to present documents to the Customer confirming such expenses, or does not clearly indicate in the documents the source from which the expenses were incurred, the Contractor must refund the Customer in full for the amounts paid for tourist services.
16. The Contractor has the right to refuse to perform obligations under this agreement only if the Customer’s losses are fully compensated.
In case of the Contractor’s refusal to perform obligations under this agreement during the tourist trip, the Contractor must, at the request of the Customer and/or the tourists, arrange their return to the starting (ending) point of the tourist trip on the terms provided in this agreement, or on terms of a higher level.
17. In case of the absence of the minimum number of people specified in section 6 of this agreement, the contract is terminated, provided that the Contractor refunds the cost of paid tourist services and informs the Customer within the timeframe specified in subparagraph 11.6 of section 11 of this agreement.

DISPUTE RESOLUTION PROCEDURE. LIABILITY OF THE PARTIES

18. The parties are liable for non-performance or improper performance of their obligations under this agreement in accordance with the law.
19. The parties are not liable for non-performance or improper performance of their obligations under this agreement if this became impossible due to the occurrence of force majeure circumstances. In the event of force majeure circumstances and the impossibility of performing the obligations under this agreement, each party has the right to demand from the other party the return of everything it has performed without receiving corresponding satisfaction.
20. The Contractor is not liable for any damage that may be caused to the tourists through their own fault or through the fault of third parties providing services during the tourist trip that are not included in the program and are provided at the initiative of the tourists themselves.
21. The fulfillment of the Contractor's obligations under this agreement is ensured by _______________________________________________________________________________________________________________________________________. (specify one of the methods provided in part one of paragraph 1 of Article 27 of the Law of the Republic of Belarus of November 11, 2021 No. 129-Z "On Tourism")
Information about the organization ensuring the Contractor's obligations under the contracts for the provision of tourist services: ______________________________________________________________________________________________
(name of the organization, location, contact details)
List of expenses reimbursed to the Customer and tourists, including additional expenses: _______________________________________________________________________________________________________________________________________.
The procedure and deadlines for the Customer and/or tourists to submit a written claim (for bank guarantee - with a written demand) for compensation of property damage caused by the impossibility of fulfilling the Contractor’s obligations:____________________________________________________________________________________________________________________________. <**>

22. The parties have determined that before filing a lawsuit with the court regarding disputes arising from this agreement, the Customer will address the Contractor with the relevant claim within the timeframes provided by consumer protection legislation.
The parties may use another out-of-court dispute resolution procedure that does not contradict the law, with compliance with the deadlines for satisfying consumer claims established by consumer protection legislation.
23. The claims procedure for dispute resolution established in paragraph 22 of this agreement does not apply to cases where the Customer and/or tourists incur property damage due to the occurrence of circumstances preventing the Contractor from fulfilling its obligations under this agreement. For these purposes, the parties shall follow the provisions of paragraph 21 of this agreement.

FINAL PROVISIONS

24. This agreement enters into force on the date of its signing by the parties and remains in effect until all obligations under it are fully fulfilled.
25. Documents and their copies confirming the payment for tourist services are an integral part of this agreement.
26. This agreement is drawn up in ___________________ language <***> in ____ copies, all of which have equal legal force.


DETAILS AND SIGNATURES OF THE PARTIES

Contractor                               Customer
_______________________ _______________________
_______________________ _______________________
_______________________ _______________________
_______________________ _______________________


The tourist, excursionist has been informed of the personal safety rules.
____________________                                                                                                                                                        
(signature of the Customer)

-----------------------
<*> Paragraph 4 of this agreement is filled out when the tour is sold to the Customer through a travel agent.
<**> Paragraph 21 of this agreement is filled out in contracts for the provision of tourist services in the field of international outbound tourism.
<***> The agreement may be concluded in Russian, Belarusian, or a foreign language. The text of the agreement concluded in Belarusian or a foreign language must correspond to the text of the agreement in Russian.


Appendix 1

to the tourist services agreement

Tourist Travel Program

Tourist services: __________________________________________
Name (brand name) of the tour operator who formed the tour: ____________________________________________________________
Tourist trip route: _____________________________
Date, time of the start and end of the tourist trip: ________________________________________________________________
Meeting, seeing off, and accompanying tourists procedure: ______________________________________________________________________________

Transportation service: ____________________________________________
Characteristics of the transport means, flight connections schedules: _________________________________________________________
Transfer services:   ______________________________________________________

Accommodation service: __________________________________________
Characteristics of accommodation facilities (their location, classification under the legislation of the country (place) of temporary stay, other information): ______________________________________________________________________________________________________________

Catering service: _____________________________________________
Tourist catering procedure: ___________________________
List and characteristics of other tourist services: ________________________________________________________________
Other information: _______________________________________________



Contractor                                Customer
_______________________ _______________________
_______________________ _______________________


Appendix 2
to the tourist services agreement

Information about tourists, excursionists receiving tourist services <*>

1. _____________________________________________________________;
2. _____________________________________________________________;
3. _____________________________________________________________;

…

Rights and obligations of tourists, excursionists receiving tourist services;
1. Tourists, excursionists receiving tourist services have the right to:
1.1. receive tourist services according to the tourist trip program;
1.2. familiarize themselves with the information about the tourist services and other relevant information;
1.3. ensure the Contractor provides tourist services of appropriate quality and safety;
1.4. protect their rights, freedoms, and lawful interests;
1.5. compensation for any harm caused in the cases and procedures established by civil and civil procedural law, as well as this agreement;
________________________________________________________________________________________________________________________________________
2. Tourists, excursionists receiving tourist services are obligated to:
2.1. timely provide the Customer with complete and accurate information and documents, as well as details about themselves, necessary for the fulfillment of obligations under this agreement;
2.2. timely arrive at the start of the tourist trip, as well as at the gathering and departure points during the trip;
2.3. comply with the legislation of the country (place) of temporary stay, respect its political and social structure, customs, traditions, and religion of the population;
2.4. treat the environment and cultural values with care;
2.5. comply with the entry and exit rules of the country (place) of temporary stay (transit passage);
2.6. comply with the rules of personal safety for the tourist, excursionist;
________________________________________________________________________________________________________________________________________



Contractor                                Customer
_______________________ _______________________
_______________________ _______________________


–––––––––––––––––––––
<*> Surname, first name, patronymic (if any), date of birth, identification document details, place of residence.

Useful links:

Decree of the President of the Republic of Belarus on the establishment of a visa-free entry and exit regime for foreign nationals from January 9, 2017 №8
Decree of the President of the Republic of Belarus on the establishment of a visa-free entry and exit regime for foreign nationals from August 7, 2019 №300
Resolution of the Council of Ministers of the Republic of Belarus on measures to implement the Decree of the President of the Republic of Belarus from October 14, 2019 №699
Agreement on providing medical assistance to citizens of states - members of the Commonwealth of Independent States
Agreement on processing confidential personal data