Act of the Republic of Belarus «About tourism»

Article 1. Basic terms used in this Law and their definitions.

1. For the purposes of this Law, the following basic terms and their definitions are used:
   • audio guide (mobile tour accompaniment) – a phonogram in Belarusian, Russian or foreign language, played during the tour publicly or individually through a separate technical device or application for a mobile device, designed to familiarize tourists, sightseers with travel resources;
   
   
   • guide-interpreter – an individual who is fluent in a foreign language (foreign languages) and has the knowledge and professional skills necessary to conduct excursions in a foreign language; ,/li>
     
   • customer – a legal entity or an individual, including an individual entrepreneur, who is a party to an contract for the provision of travel services, an contract for the provision of paid services related to the organization of a travel trip, who ordered these services for their own needs and (or) the needs of other tourists, sightseers for the purposes, not related to the implementation of entrepreneurial activities;
   
   
   • contractor – a tour operator that has formed a tour and is a party to a contract for the provision of travel services, a tour operator or travel agent that is a party to a contract for the provision of services related to the organization of a travel trip;
   
   
   • complex of travel services – a set of two or more travel services formed by a tour operator, without fail including one of the following services: transportation, accommodation, excursion service;
   
   
   • itinerary of a travel trip – the route of tourists, sightseers, including a list of the main places consistently visited by tourists, sightseers during a travel trip;
   
   
   • objects of the tourism industry – accommodation facilities, public catering facilities, recreational, business, educational and other purposes, vehicles intended for the transport of tourists, sightseers (hereinafter referred to as vehicles), entertainment facilities and means of entertainment used to meet the needs of tourists, sightseers arising from during a travel trip and (or) in connection with it;
   
   
   • subjects of tourism activity – tour operators, travel agents;
   
   
   • subjects of the tourism industry – subjects of tourism activities, as well as other legal entities, individuals, including individual entrepreneurs, carrying out activities related to meeting the needs of tourists, sightseers that arise during a travel trip and (or) in connection with it;
     
   • tour – a complex of travel services with a travel trip program;
   
   
   • travel agent – a legal entity or an individual entrepreneur engaged in travel agency activities;
   
   
   • travel agency activity – entrepreneurial activity for the promotion and sale of tours to participants in tourism activities, formed by resident tour operators, without transferring rights to tours, as well as for the provision of individual services related to the organization of travel trip;
   
   
   • tourism – a travel trip, as well as activities for its organization;
   
   
   • tourist – an individual who makes a travel trip for a period of 24 hours to one year or spends at least one night in the country (place) of temporary residence;
   
   
   • tourism activity – tour operator and travel agency activity;
   
   
   • travel zone – a part of the territory of the Republic of Belarus with precisely defined boundaries, on which one or more travel resources are located and which was created in order to support the tourism industry, develop domestic tourism and international inbound tourism, one or more types of tourism, protect and rationally use tourism resources;
   
   
   • tourism industry – a set of subjects and objects of the tourism industry;
   
   
   • travel service – a service for transportation, accommodation, excursion and other services, the provision of which in the complex of travel services allows you to make a travel trip;
   
   
   • travel resources – natural complexes and objects, objects of social and cultural purpose, cultural infrastructure, recreation, satisfying the needs of tourists, sightseers;
   
   
   • travel information center – a legal entity in the form of a business company, unitary enterprise or institution, or a structural subdivision of a legal entity, including a separate subdivision of a legal entity located outside its location (branch, representative office, other separate subdivision), created in order to promote the development of internal tourism and international inbound tourism, formation and dissemination of information about the tourism potential of the Republic of Belarus and its administrative-territorial units;
   
   
   • travel trip – a trip organized independently or with the help of subjects of tourism activities (trip, movement, stay) of tourists, sightseers outside their place of residence (place of stay) in accordance with the goals of tourists, sightseers;
   
   
   • tour operator – a legal entity carrying out tour operator activities;
   
   
   • tour operator activity – entrepreneurial activity in the formation, promotion and implementation of tours, including those formed by other tour operators, including non-residents, as well as in the provision of certain services related to the organization of a travel trip;
   
   
   • service related to the organization of a travel trip – a service of tourism entities to assist participants in tourism activities in purchasing tours, including advising on the purchase of tours and other issues of making a travel trip, selection of tours, booking seats in vehicles and accommodation facilities, service on filling out (executing) the documents necessary for making a travel trip, submitting them to the relevant authorities (organizations);
   
   
   • participants in tourism activities – customers, tourists, sightseers;
   
   
   • liability fund of tour operators – a set of funds formed by an association (union) in order to compensate participants in tourism activities for property damage caused in connection with the onset of cases when the tour operator cannot fulfill obligations under contracts for the provision of travel services in the field of international outbound tourism (hereinafter, unless otherwise specified, – cases of impossibility of fulfillment of obligations by the tour operator);
   
   
   • excursionist – an individual who makes an excursion without spending the night in the country (place) of temporary residence;
   
   
   • excursion service – activities of subjects of travel activities, as well as other legal entities, individuals, including individual entrepreneurs, in the preparation, organization and conduct of excursions, including using audio guides (mobile accompaniment of excursions);
   
   
   • excursion – a travel trip for a period of not more than 24 hours, as well as visits by tourists, sightseers of tourist resources under the guidance of guides, guide-interpreters, persons working in organizations, when conducting excursions in these organizations, subjects of travel activities, other persons entitled to conduct excursions;
   
   
   • guide – an individual who has the knowledge and professional skills necessary to conduct excursions in Belarusian or Russian.


2. For the purposes of this Law, the terms «non-residents» and «residents» are used in the meanings determined by subparagraphs 1.10 and 1.11 of paragraph 1 of Article 1 of the Law of the Republic of Belarus dated July 22, 2003 N 226-З «On currency regulation and currency control».

Article 2. Scope of this Law.

1. This Law governs public relations arising from:
   • implementation of travel activities;
   • making travel trips;
   • excursion service;
   • organization and security in the field of tourism.


2. This Law does not apply to public relations related to:
   • activities of non-profit organizations and legal entities created by them, which are entrusted by law with the functions of organizing and holding in the Republic of Belarus and foreign countries the days of the economy, exhibitions, fairs, presentations, symposiums, conferences, business visits (missions), events aimed at obtaining education for managers and specialists of legal entities, individual entrepreneurs and their employees;
   • making trips (trips, movements, stays) for a period of more than one year.

Article 3. Legal regulation of relations in the field of tourism.

1. Relations in the field of tourism are regulated by the legislation on tourism, international treaties of the Republic of Belarus, as well as international legal acts constituting the law of the Eurasian Economic Union.
2. Tourism legislation is based on the Constitution of the Republic of Belarus and consists of the Civil Code of the Republic of Belarus, this Law, acts of legislation on the protection of consumer rights and other acts of legislation.
3. If an international treaty of the Republic of Belarus establishes other rules than those provided for by this Law, then the rules of the international treaty shall apply.

Article 4. Organizational forms of tourism. Goals of tourists, sightseers.

1. Organizational forms of tourism are international and domestic tourism.
2. International tourism includes:
   • outbound tourism – a travel trip of citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residing in the Republic of Belarus, outside the territory of the Republic of Belarus;
   • inbound tourism – a travel trip of foreign citizens and stateless persons, with the exception of those permanently residing in the Republic of Belarus, within the territory of the Republic of Belarus.
   • domestic tourism – a travel trip of citizens of the Republic of Belarus, as well as foreign citizens and stateless persons permanently residing in the Republic of Belarus, within the territory of the Republic of Belarus.


3. The goals of tourists, sightseers are the following goals, excluding the employment of labor, entrepreneurial, other income-generating activities, paid and (or) generating profit (income) from a source in the country (place) of temporary residence:
   
   • rest;
   • recovery;
   • informative goals;
   • educational goals;
   • pilgrimage purposes;
   • business purposes;
   • physical culture and sports goals;
   • other purposes.

Article 5. Unified Classification of Types of Tourism in the Republic of Belarus.

1. For the purpose of monitoring the development of types of tourism in the Republic of Belarus, the Ministry of Sports and Tourism maintains the Unified Classification of Types of Tourism in the Republic of Belarus. The Unified Classification of Types of Tourism in the Republic of Belarus includes a list of types of tourism developed in the Republic of Belarus and their classification features.


2. The procedure for the formation and maintenance of the Unified Classification of Types of Tourism in the Republic of Belarus is established by the Council of Ministers of the Republic of Belarus.

CHAPTER 2
STATE REGULATION IN THE FIELD OF TOURISM

Article 6. General Provisions on State Regulation in the Field of Tourism.

State regulation in the field of tourism is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the Ministry of Sports and Tourism, local Councils of Deputies, local executive and administrative bodies, and other state bodies within their powers, as provided by this Law and other legislative acts.

Article 7. Basic Principles and Goals of State Regulation in the Field of Tourism.

1. The basic principles of state regulation in the field of tourism are:
   • respect for and observance of the rights, freedoms, and legitimate interests of individuals, including individual entrepreneurs, as well as the rights and legitimate interests of legal entities;
   • ensuring safety;
   • equal access of participants in tourism activities to tourism services, services related to the organization of a tourist trip, tourism resources, and tourism industry facilities;
   • development of tourism and foreign trade in tourism services;
   • support for small businesses;
   • protection and development of competition, including prevention and suppression of monopolistic activities and unfair competition;
   • transparency and openness in the development, adoption, and application of state regulatory measures;
   • prevention of harmful impacts of tourism on the environment.


2. The main goals of state regulation in the field of tourism are:
   • ensuring the rights of individuals to rest, freedom of movement, and other rights exercised in the field of tourism;
   • protection of the rights, freedoms, and legitimate interests of individuals, including individual entrepreneurs, as well as the rights and legitimate interests of legal entities;
   • ensuring equal access of participants in tourism activities to tourism services, services related to the organization of a tourist trip, tourism resources, and tourism industry facilities;
   • protection and rational use of tourism resources;
   • creation of necessary conditions for foreign trade in tourism services in accordance with international treaties of the Republic of Belarus, international legal acts constituting the law of the Eurasian Economic Union, taking into account the interests of participants in tourism activities and tourism industry entities of the Republic of Belarus;
   • formation of the image of the Republic of Belarus as a country attractive to tourists and excursionists;
   • development of human resources;
   • development of international cooperation;
   • digitalization.

Article 8. Priority Areas of State Regulation in the Field of Tourism.

1. The priority areas of state regulation in the field of tourism include support for the tourism industry, the development of domestic tourism, and international inbound tourism.


2. To support the tourism industry, develop domestic tourism, and promote international inbound tourism in the Republic of Belarus, the state implements measures to:
   • create and ensure favorable conditions for the activities of tourism industry entities;
   • conduct research in the field of tourism;
   • implement programs, projects, and activities aimed at supporting the tourism industry, as well as developing domestic tourism and international inbound tourism;
   • create and develop tourist zones;
   • establish and operate tourist information centers;
   • develop excursion services and create new excursion routes;
   • support the participation of tourism industry entities in exhibitions, fairs, and other events aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units.

The state also takes other measures aimed at supporting the tourism industry, developing domestic tourism, and promoting international inbound tourism.

Article 9. Powers of the President of the Republic of Belarus in the Field of Tourism.

The President of the Republic of Belarus defines a unified state policy in the field of tourism and exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law, and other legislative acts.

Article 10. Powers of the Council of Ministers of the Republic of Belarus in the Field of Tourism.

The Council of Ministers of the Republic of Belarus in the field of tourism:

• ensures the implementation of a unified state policy;
• approves state programs in the field of tourism;
• establishes the procedure and conditions for the creation and operation of tourist information centers, as well as their registration;
• approves the Rules for the Provision of Tourism Services;
• approves the standard form of a contract for the provision of tourism services;
• exercises other powers in accordance with the Constitution of the Republic of Belarus, this Law, other laws, and acts of the President of the Republic of Belarus.

Article 11. Powers of the Ministry of Sports and Tourism in the Field of Tourism.

The Ministry of Sports and Tourism in the field of tourism:

• is the republican body of state administration that implements a unified state policy;
• coordinates the activities of other state administration bodies, local executive and administrative bodies;
• creates conditions for the development of tourism;
• develops projects of state programs in the field of tourism;
• provides, within its competence, information to participants and entities of tourism activities regarding the protection of rights, freedoms, and legitimate interests of participants and entities of tourism activities;
• requests in writing from tourism entities, for the purpose of analyzing problematic issues of tourism activities, documents, reports, information, or other materials related to tourism activities, except for information constituting a commercial or other legally protected secret, or containing personal data;
• provides, within its competence, information to the Ministry of Antimonopoly Regulation and Trade upon its request regarding received appeals from participants of tourism activities and other information;
• exercises other powers in accordance with this Law and other legislative acts.

Article 12. Powers of Local Councils of Deputies, Local Executive and Administrative Bodies in the Field of Tourism.

1. Local Councils of Deputies, within their competence in the field of tourism:
   • determine the main tasks and directions of tourism development in the relevant administrative-territorial units of the Republic of Belarus;
   • submit proposals for the formation of state programs in the field of tourism;
   • approve regional action plans ensuring the implementation of state programs in the field of tourism, providing for financing from local budgets;
   • exercise other powers in accordance with legislative acts.


2. Local executive and administrative bodies, within their competence in the field of tourism:
   • create conditions for the development of tourism in the relevant administrative-territorial units of the Republic of Belarus;
   • develop and submit for approval to local Councils of Deputies regional action plans ensuring the implementation of state programs in the field of tourism, providing for financing from local budgets, and ensure their implementation;
   • protect the rights, freedoms, and legitimate interests of participants of tourism activities and entities of the tourism industry;
   • request in writing from tourism entities, for the purpose of analyzing problematic issues of tourism activities, documents, reports, information, or other materials related to tourism activities, except for information constituting a commercial or other legally protected secret, or containing personal data;
   • upon identifying tourism services or services related to the organization of a tourist journey of inadequate quality, as well as those dangerous to the life, health, heritage, property of tourists, excursionists, and the environment, immediately notify the Ministry of Sports and Tourism;
   • exercise other powers in accordance with this Law and other legislative acts.

Article 13. State Programs in the Field of Tourism.

1. For the purpose of ensuring tourism development, implementing the main directions of state policy, and solving current problems in the field of tourism, state programs in the field of tourism are developed and approved in the Republic of Belarus.


2. Financing of state programs in the field of tourism is carried out in accordance with the legislation, within the limits of the republican and/or local budgets allocated for these purposes, and other sources not prohibited by law.

Article 14. Interdepartmental Expert and Coordination Council on Tourism under the Council of Ministers of the Republic of Belarus

1. The Interdepartmental Expert and Coordination Council on Tourism under the Council of Ministers of the Republic of Belarus is established to improve the interaction between state authorities, public organizations (associations), unions, and other organizations on issues related to:
   • creating favorable conditions for the sustainable development of tourism in the Republic of Belarus;
   • increasing the economic efficiency of tourism;
   • forming a competitive environment in the field of tourism;
   • protecting the domestic market of tourism services;
   • implementing priority directions and main objectives of state regulation in the field of tourism;
   • conducting a unified state policy in the field of tourism;
   • attracting and effectively utilizing financial resources for the implementation of programs, projects, and events aimed at supporting the tourism industry, as well as developing domestic and inbound international tourism;
   • implementing international agreements of the Republic of Belarus, international legal acts constituting the law of the Eurasian Economic Union, and international programs related to tourism support and development;
   • ensuring and protecting the interests of participants in tourism activities and entities of the tourism industry in the field of tourism;
   • improving tourism legislation.


2. The Regulations on the Interdepartmental Expert and Coordination Council on Tourism under the Council of Ministers of the Republic of Belarus and its composition are approved by the Council of Ministers of the Republic of Belarus.

CHAPTER 3
TOURISM ZONES. TOURIST INFORMATION CENTERS

Article 15. Tourism Zones.

1. Tourism zones are created taking into account the proposals of local executive and administrative bodies, other legal entities, and individuals, including individual entrepreneurs. The collection of proposals for the creation of tourism zones is carried out by the Ministry of Sports and Tourism. Other issues related to the creation of tourism zones that are not regulated by this Law are governed by the procedure established by the Council of Ministers of the Republic of Belarus.


2. The decision to create a tourism zone is made by the Council of Ministers of the Republic of Belarus in agreement with the President of the Republic of Belarus based on conclusions from the Ministry of Sports and Tourism and local executive and administrative bodies regarding the feasibility and effectiveness of its creation.


3. Priority directions of activity in tourism zones, conditions, and specific features of their implementation are determined by the President of the Republic of Belarus.


4. Tourism and other activities carried out in tourism zones that are not prohibited by law must not interfere with the objectives of creating tourism zones.

Article 16. Tourist Information Centers.

1. Tourist information centers are established within the territory of the Republic of Belarus and beyond by local executive and administrative bodies, other legal entities, and individuals, including individual entrepreneurs.

   The operation of tourist information centers created by local executive and administrative bodies in the form of state institutions is funded from the respective local budgets and other sources not prohibited by law.

2. Tourist information centers collect, accumulate, process, analyze, and disseminate information about:
   • tourist resources;
   • available excursions;
   • cultural events organized in the territory of the Republic of Belarus;
   • public transportation schedules;
   • other information necessary for participants and entities of tourism activities.

The information provided in the first part of this section must not be of an advertising nature.

3. Tourist information centers have the right to:
   • collect, accumulate, process, analyze, and disseminate the information specified in the first part of paragraph 2 of this article;
   • engage in entrepreneurial activities;
   • participate in events aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units.


4. Tourist information centers are obligated to:
   • ensure the relevance of the information specified in the first part of paragraph 2 of this article;
   • comply with legal requirements, including those regarding information, informatization, and information protection.
5. Tourist information centers may have other rights and bear other obligations in accordance with legislative acts.


6. Tourist information centers must be marked with an informational sign featuring a white letter "i" on a green background, which should be placed on a signboard, informational stand (display) at the location of the tourist information center.


7. The creation of tourist information centers outside the territory of the Republic of Belarus is carried out in accordance with the procedure and conditions established by the legislation of the foreign state where such an information center is created, while complying with the requirements established by this Law and other legislative acts.

CHAPTER 4
TOURISM ACTIVITIES

Article 17. Conducting Tourism Activities in the Republic of Belarus.

Only tourism activity entities that are residents of the Republic of Belarus are entitled to conduct tourism activities in the Republic of Belarus, unless otherwise provided by international treaties of the Republic of Belarus.

Article 18. Rights and Obligations of Participants in Tourism Activities.

1. Participants in tourism activities have the right to:
   • necessary and accurate information about the tour, the tour operator who organized the tour, the exact time of the start of the tourist journey, and other information provided by consumer protection legislation; in the case of international outbound tourism, also the information specified in paragraph five of section 3 of Article 19 and section 2 of Article 20 of this Law;
   • freedom of movement, free access to tourism resources, subject to restrictive measures adopted in the country (place) of temporary stay (transit passage);
   • protection of their rights, freedoms, and legal interests;
   • proper quality and safety of the provided tourism services;
   • compensation for damages in accordance with the procedure established by this Law and other legislative acts.


2. Participants in tourism activities are obliged to:
   • comply with the legislation of the country (place) of temporary stay (transit passage), respect the political and social order, customs, traditions, and religions of the populations of visited countries;
   • carefully treat the environment and cultural values;
   • observe the entry and exit rules of the country (place) of temporary stay (transit passage);
   • independently familiarize themselves with and adhere to the rules for exiting the territory of the Republic of Belarus and entering its territory;
   • observe personal safety rules for tourists and excursionists;
   • comply with the terms of the contract for the provision of tourism services.


3. Participants in tourism activities may have other rights and bear other obligations in accordance with this Law and other legislative acts.

Article 19. Rights and Obligations of Tourism Activity Entities.

1. Tourism activity entities have the right to:
   • promote and sell tours;
   • obtain information related to their activities from government authorities and other organizations within their competence, as established by law;
   • submit proposals to the Ministry of Sports and Tourism for the inclusion of tourism-related activities in draft state programs in the field of tourism;
   • provide services related to organizing tourist travel;
   • receive compensation for damages in accordance with civil and civil-procedural legislation.


2. Tour operators, in addition to the rights provided in paragraph 1 of this article, have the right to:
   • form a tour at their discretion, based on requests from participants in tourism activities or tourism industry entities;
   • determine the minimum number of tourists or excursionists required for a tourist journey.


3. Tourism activity entities are obliged to:
   • take necessary measures to respect, observe, and protect the rights, freedoms, and legal interests of participants in tourism activities;
   • provide participants in tourism activities with necessary and accurate information about the tour, the tour operator who organized the tour, and other information provided by consumer protection legislation, and in the case of international outbound tourism – also the information specified in paragraph 2 of Article 20 of this Law;
   • select tours for participants in tourism activities according to their needs and interests, avoiding errors and/or inaccuracies when processing and/or booking the selected tour, including through the use of automated information systems;
   • when engaged in international outbound tourism, provide participants in tourism activities with information about the tour operator’s obligation fulfillment guarantees through the means of ensuring the fulfillment of obligations under contracts for the provision of tourism services in the field of international outbound tourism (hereinafter, unless otherwise specified – tour operator obligation fulfillment), as well as the procedure for participants in tourism activities to claim compensation for property damage in case of the tour operator’s inability to fulfill obligations;
   • inform participants in tourism activities of the exact start time of the tourist journey no later than 24 hours before the start date or at the time of concluding the contract for the provision of tourism services if the start of the journey is less than 24 hours away;
   • ensure the proper quality and safety of tourism services;
   • compensate, as provided by this Law and other legislative acts, for any damages caused to participants in tourism activities;
   • comply with the terms of the contract for the provision of tourism services;
   • provide, in written form, upon request from the Ministry of Sports and Tourism or local executive and administrative authorities, documents, reports, data, or other materials related to tourism activities, except for information that constitutes a commercial or other legally protected secret, or personal data, within the timeframe specified in the request (not less than two working days).


4. The provision of information to participants in tourism activities, as specified in paragraphs three, five, and six of section 3 of this article, under the contract for the provision of tourism services, is carried out by the tour operator who formed the tour or by the travel agent if the tour is sold to the customer through a travel agent.


5. Tourism activity entities may have other rights and bear other obligations in accordance with this Law and other legislative acts.

Article 20. Provision of Information on Personal Safety Rules for Tourists and Excursionists by Tourism Activity Entities.

1. In international outbound tourism, tourism activity entities are obliged to provide the customer with information on personal safety rules for tourists and excursionists before concluding the contract for the provision of tourism services. This is confirmed by the customer’s signature on the last page of the contract for the provision of tourism services.
   

   The customer is required to provide tourists and excursionists receiving tourism services under the contract concluded by this customer with information on personal safety rules for tourists and excursionists in written form or in another manner that allows confirmation of the provision of this information by the customer.

2. Personal safety rules for tourists and excursionists include information on:
   • requirements regarding the physical condition of the tourist or excursionist (age restrictions, health conditions, and other requirements);
   • basic rules for entry and exit from the country (place) of temporary stay (transit travel), including information on passport, visa, customs, and other controls, as well as fees payable by the tourist or excursionist during the tourist journey, including at border crossings and points of arrival (airports, ports, etc.);
   • the need to provide proof of medical assistance payment for entry into the country (place) of temporary stay, if such requirements are established by the legislation of the country (place) of temporary stay;
   • customs and traditions of the population of the country (place) of temporary stay (transit travel), religious rites, sacred sites, cultural values, environmental conditions, and the sanitary-epidemiological situation in the visited country;
   • rules of conduct for tourists and excursionists in case of force majeure or other unforeseen circumstances;
   • telephone numbers and addresses of diplomatic missions or consular institutions of the country of the tourist’s or excursionist’s citizenship or usual residence in the country (place) of temporary stay (transit travel), or other organizations that can be contacted for protection of rights, freedoms, and legal interests in the country (place) of temporary stay (transit travel);
   • contact details of the service provider’s representatives whom the tourist or excursionist should maintain communication with during the tourist journey.


3. The information specified in paragraph 2 of this article is provided by tourism activity entities in the following manner:
   • when selling tours to tourism activity entities – within contracts that are not prohibited by law and concluded between tourism activity entities;
   • when selling tours to customers – within contracts for the provision of tourism services.

Article 21. Formation, Promotion, and Sale of Tours.

1. The formation of a tour is carried out by a tour operator by creating a package of tourism services and developing a tourist travel program.

   The formation of a tour also includes the acquisition by a tour operator of the right to sell a tour formed by a non-resident tour operator.

2. The package of tourism services includes services provided by the tour operator independently and/or services for which the tour operator acquires rights under contracts with other tourism industry entities, including non-residents.


3. The tourist travel program includes information on:
   • the route of the tourist journey, the date and place of its start and end;
   • the procedure for meeting and seeing off, accompanying the tourist or excursionist;
   • the characteristics of transport vehicles used for the transportation of the tourist or excursionist, transfer connection times between flights;
   • the characteristics of accommodation facilities for tourists, including their location, classification according to the legislation of the country (place) of temporary stay, temporary residence rules, and other mandatory information specified by the legislation of the country (place) of temporary stay;
   • the procedure for providing meals to the tourist or excursionist during the tourist journey;
   • the list and characteristics of other tourism services provided;
   • the name and location of the tour operator who formed the tour.
4. The promotion of a tour includes a set of measures aimed at generating demand for the tour, including advertising, participation in specialized exhibitions and fairs, creation of online portals, publication of catalogs and brochures, and media coverage.


5. The sale of a tour to a tourism activity entity is carried out under a contract that is not prohibited by law and concluded between tourism activity entities.

   The sale of a tour to a customer is carried out under a contract for the provision of tourism services concluded on behalf of the tour operator who formed the tour.

Article 22. Contract for the Provision of Tourism Services.

1. Under the contract for the provision of tourism services, the provider undertakes, at the request of the customer, to provide tourism services, and the customer undertakes to pay for them. The contract for the provision of tourism services is governed by the rules established by law for contracts for the provision of paid services.


2. The contract for the provision of tourism services may stipulate that all or part of the provider’s obligations under this contract are performed by other tourism industry entities engaged by the provider.

   The provider is liable to the customer for the non-performance or improper performance of obligations under the contract for the provision of tourism services by the other tourism industry entities engaged by the provider.

3. The contract for the provision of tourism services must be concluded in writing and, in addition to the essential terms defined by law, must contain the following essential conditions:
   • the cost of tourism services (indicating the total cost of tourism services, as well as the cost of each service included in the tourism service package), payment terms, and procedure;
   • details of the provider: name of the tourism activity entity (surname, first name, patronymic (if applicable) of the individual entrepreneur), location (residence), bank details;
   • details of the customer: surname, first name, patronymic (if applicable) of the individual, including an individual entrepreneur, place of residence, name (trade name) of the legal entity, location, contact details;
   • details of the tourists, excursionists receiving tourism services: surname, first name, patronymic (if applicable), date of birth, identity document details, place of residence, rights, and obligations;
   • the tourist travel program;
   • rights, obligations, and liabilities of the parties;
   • conditions for modifying and terminating the contract for the provision of tourism services;
   • procedures for resolving disputes between participants in tourism activities and the provider and compensation for damages;
   • other conditions that must be agreed upon at the request of either party.

For international outbound tourism, in addition to the essential conditions defined in part one of this paragraph, the contract for the provision of tourism services must also include the following essential conditions:

• details of the organization ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism: name of the organization, location, contact details;
• a list of expenses reimbursed to participants in tourism activities, including additional expenses, when the tour operator’s liability is insured or secured by a bank guarantee to ensure the fulfillment of the tour operator’s obligations in the event of financial loss suffered by participants in tourism activities due to the inability of the tour operator to fulfill its obligations (hereinafter – bank guarantee);
• procedure and deadlines for the participant in tourism activities to submit a written application (for the bank guarantee – a written demand) for payment of compensation for financial loss incurred due to the inability of the tour operator to fulfill its obligations.


4. The sale of a tour by the provider to the customer is carried out independently or through a travel agent.

When a tour is sold by a travel agent, the contract for the provision of tourism services must include information on the travel agent’s authority to perform legal actions related to the sale of the tour formed by the tour operator, confirmed by a power of attorney issued by the provider or a contract concluded between the travel agent and the provider.

5. The customer shall pay the full cost of tourism services to the provider or the travel agent if the tour is sold through the travel agent, within the deadlines and according to the procedure specified in the contract for the provision of tourism services.


6. The contract for the provision of tourism services in written form may be concluded by drawing up a single text document, including an electronic document (including an electronic contract), or by exchanging text documents, including electronic documents (including electronic contracts), which are signed by the parties in person or using communication tools and other technical means, software, information systems, or information networks if such a method of signing reliably establishes that the respective contract for the provision of tourism services has been signed by the parties (facsimile reproduction of a handwritten signature using mechanical or other copying methods, digital electronic signature, or other analog of a handwritten signature that ensures the identification of the party to the contract for the provision of tourism services), and does not contradict the law and the agreement of the parties.

To conclude a contract for the provision of tourism services in electronic form, the provider or the travel agent (if the tour is sold through the travel agent) must use an information system that ensures the exchange of information in electronic form between participants and entities in the tourism industry, in compliance with legal requirements on information, informatization, and data protection, as well as in the national segment of the global Internet.

The information system mentioned in part two of this paragraph may include the official website of the provider or the travel agent (if the tour is sold through the travel agent), in compliance with legal requirements on information, informatization, and data protection, as well as in the national segment of the global Internet.

To conclude a contract for the provision of tourism services in electronic form, participants in tourism activities provide the provider or travel agent (if the tour is sold through the travel agent) with information about the selected tour, as well as the information specified in paragraphs four and five of part one of paragraph 3 of this article, by placing it in the information system mentioned in part two of this paragraph.

When concluding, modifying, terminating a contract for the provision of tourism services, or unilaterally refusing to fulfill obligations under such a contract in electronic form, the provider or travel agent (if the tour is sold through the travel agent) must issue participants in tourism activities confirmation from the information system mentioned in part two of this paragraph in the form of a contract for the provision of tourism services, an agreement on its modification or termination, or a unilateral refusal to fulfill obligations under the contract for the provision of tourism services.

The procedure for issuing confirmation to participants in tourism activities, as specified in part five of this paragraph, is regulated by the Rules for the Provision of Tourism Services.

7. Each party to the contract for the provision of tourism services has the right to request in writing its modification or termination due to significant changes in circumstances that the parties relied upon when concluding it, as well as to unilaterally refuse to fulfill obligations under the contract for the provision of tourism services in accordance with this Law and the Civil Code of the Republic of Belarus.
   

   The refund of money paid for tourism services upon termination of the contract for the provision of tourism services due to significant changes in circumstances shall be made within fourteen calendar days from the date the customer submits the corresponding request. In the case of unilateral refusal to fulfill obligations under the contract for the provision of tourism services, the refund shall be made within the period established by paragraph 2 of Article 38-1 of the Law of the Republic of Belarus of January 9, 2002, No. 90-Z “On Consumer Protection.”

Article 23. Provision of Tourism Services and Services Related to the Organization of Tourist Travel, Quality Requirements.

1. The provision of tourism services and services related to the organization of tourist travel is carried out in accordance with this Law, the Rules for the Provision of Tourism Services, and other legislative acts.


2. The provision of tourism services by the provider to participants in tourism activities is carried out on the basis of a contract for the provision of tourism services.


3. The provision of services related to the organization of tourist travel is carried out on the basis of:
   • a contract for the provision of tourism services – when services related to the organization of tourist travel are part of a package of tourism services;
   • a contract for the paid provision of services – when the provision of services related to the organization of tourist travel is not included in a package of tourism services.

Under a contract for the paid provision of services related to the organization of tourist travel, the provider undertakes, at the request of the customer, to provide services related to the organization of tourist travel, and the customer undertakes to pay for them. The contract for the paid provision of services related to the organization of tourist travel is governed by the rules established by law for contracts for the paid provision of services.

4. The quality of tourism services must comply with the requirements of the contract for the provision of tourism services, and the quality of services related to the organization of tourist travel must comply with the requirements of the contracts provided for in part one of paragraph 3 of this article.

If the legal regulation of the quality of tourism services and services related to the organization of tourist travel is absent or incomplete, the quality of such services must meet the requirements usually imposed on services of the corresponding type.

If the legislation of the country (place) of temporary stay establishes mandatory quality requirements for tourism services, such services must be provided in compliance with these requirements.

Article 24. Unilateral Refusal to Fulfill Obligations Under a Contract for the Provision of Tourism Services, a Contract for the Paid Provision of Services Related to the Organization of Tourist Travel.

1. The customer has the right to unilaterally refuse to fulfill obligations under the contract for the provision of tourism services, provided that the provider is compensated for the actual expenses incurred.
   

   Actual expenses incurred include expenses for services provided by the provider personally, as well as expenses for services provided as part of the tour by other tourism industry entities engaged by the provider.

   Expenses related to communication services, utilities, office rental, expenses of a travel agent related to cashless payment transactions within the tour, and other expenses related to business activities are not considered actual expenses incurred.

   Actual expenses incurred are considered confirmed if the provider has:

   • payment documents for the provider's expenses within the tour, including expenses specified in part two of this paragraph, with a clear indication in such documents of the source from which the actual expenses were incurred;
   • other documents detailing actual expenses incurred (if such documents are available).

   Documents drafted in a foreign language must be accompanied by a translation into Belarusian or Russian.

   If the provider fails to confirm actual expenses incurred, refuses to provide the customer with documents confirming such expenses, or does not clearly indicate in the documents the source from which the actual expenses were incurred, the provider must refund the full amount paid for tourism services to the customer.

2. The provider has the right to refuse to fulfill obligations under the contract for the provision of tourism services only if the customer is fully compensated for losses.
   

   If the provider refuses to fulfill obligations under the contract for the provision of tourism services during the tourist travel, the provider must, at the request of the tourist or excursionist, arrange for their return to the place of commencement (completion) of the tourist travel under conditions no worse than those provided for in the contract for the provision of tourism services.

3. The rules established by paragraph 1 and part one of paragraph 2 of this article apply to contracts for the paid provision of services related to the organization of tourist travel when the provision of such services is not part of a package of tourism services.

Article 25. Pre-Trial Dispute Resolution Procedure.

1. Before filing a lawsuit in court regarding disputes arising from a contract for the provision of tourism services, the participant in tourism activities must submit a corresponding claim to the provider, unless otherwise provided for in the contract for the provision of tourism services.
   

   The pre-trial dispute resolution procedure established in part one of this paragraph does not apply to cases of property damage caused to a participant in tourism activities due to the occurrence of cases of the tour operator’s inability to fulfill its obligations.

2. If the tour is sold to the participant in tourism activities by a travel agent, the participant must submit the claim to the provider through the travel agent.


3. The claim of a participant in tourism activities who is a legal entity or an individual entrepreneur must be considered within thirty days from the date of its submission. If the participant in tourism activities is an individual, the claim must be considered within seven calendar days from the date of submission of the claim, and in cases requiring an expert examination, within fourteen calendar days.


4. The pre-trial dispute resolution procedure established in part one of paragraph 1 and paragraph 3 of this article also applies to the provision of services related to the organization of tourist travel by entities engaged in tourism activities.

Article 26. Inability of the Tour Operator to Fulfill Obligations Under Contracts for the Provision of Tourism Services in the Field of International Outbound Tourism.

1. Cases in which a tour operator is unable to fulfill its obligations include:
   • the initiation of bankruptcy proceedings against the tour operator;
   • termination of the tour operator’s activities in the field of international outbound tourism or in the tourism industry as a whole;
   • the adoption of a decision on the liquidation of the tour operator in accordance with legislation on state registration and liquidation (termination of activities) of legal entities and individual entrepreneurs;
   • the issuance of a decision (ruling) on the suspension of account transactions and/or a ruling (order) on the seizure of funds in the tour operator’s accounts, issued by an authorized body (official);
   • force majeure circumstances (extraordinary and unavoidable under the given conditions), occurring and recognized as such in the country (place) of temporary stay (transit), in relation to contracts for the provision of tourism services in the field of international outbound tourism involving travel to that country (place);
   • the adoption by a foreign state of a decision restricting the entry of tourists and excursionists into the country (place) of temporary stay (transit) or the emergence of circumstances indicating a threat to the life, health, or property of tourists and excursionists in the country (place) of temporary stay (transit).


2. It is prohibited for the tour operator or its authorized travel agents to conclude contracts for the provision of tourism services in the field of international outbound tourism in the following cases:
   • as provided in paragraphs two through five of point 1 of this article;
   • as provided in paragraphs six and seven of point 1 of this article, if the tourist journey is planned to the respective country (place) of temporary stay (transit).


3. In the event of the occurrence of cases of the tour operator’s inability to fulfill its obligations, the tour operator must, within three working days from the date of occurrence:
   • submit information about such cases to the Ministry of Sports and Tourism or an authorized government organization;
   • publish information about such cases on its official website on the global computer network, the Internet;
   • notify participants in tourism activities under contracts for the provision of tourism services in the field of international outbound tourism of such cases.

The Ministry of Sports and Tourism or an authorized government organization, within five working days from the receipt of information from the tour operator, as provided in the second paragraph of part one of this paragraph:

• enters the information into the register of tourism entities (hereinafter – the register);
• sends the information received from the tour operator to the organization responsible for ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism, for resolving disputes related to compensation for property damage caused due to the occurrence of cases of the tour operator’s inability to fulfill its obligations;
• publishes the information received from the tour operator on the official website of the Ministry of Sports and Tourism on the global computer network, the Internet.

The organizations responsible for ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism may include:

• insurance organizations;
• banks, non-bank credit and financial institutions (hereinafter – banks);
• associations (unions) that have established a tour operator liability fund.


4. The date of occurrence of the case of the tour operator’s inability to fulfill its obligations is considered to be the day when the case occurred, and if it is impossible to determine the exact date, then the first day of the month following the month in which the case occurred.

Article 27. Methods of Ensuring the Fulfillment of Obligations by the Tour Operator.

1. To conclude contracts for the provision of tourism services in the field of international outbound tourism, the tour operator must ensure the fulfillment of obligations under these contracts through one of the following methods:
   • An effective contract of voluntary insurance of the tour operator's liability for causing property damage to participants in tourism activities due to the occurrence of cases of the tour operator’s inability to fulfill its obligations (hereinafter referred to as the tour operator liability insurance contract);
   • A bank guarantee issued by a bank based on an effective contract between the tour operator and the bank for the issuance of bank guarantees (hereinafter referred to as the bank guarantee contract);
   • Participation in the formation of the tour operators’ liability fund.

The methods of ensuring the fulfillment of obligations by the tour operator specified in part one of this paragraph guarantee the fulfillment of its obligations in the event of the tour operator’s inability to fulfill them.

2. The tour operator has the right to ensure the fulfillment of obligations under contracts for the provision of tourism services in the field of international outbound tourism by using multiple methods of ensuring fulfillment.

Compensation for property damage caused to a participant in tourism activities due to the occurrence of cases of the tour operator’s inability to fulfill obligations is carried out in the manner and within the limits established by this Law, considering the method of ensuring the fulfillment of the tour operator's obligations.

3. The maximum amount of payments for compensating a participant in tourism activities for property damage caused due to the occurrence of cases of the tour operator’s inability to fulfill obligations is twice the cost of tourism services specified in the contract for the provision of tourism services in the field of international outbound tourism.


4. The amount of property damage caused to a participant in tourism activities due to the occurrence of cases of the tour operator’s inability to fulfill obligations is determined based on:
   • Expenses for the return of tourists, excursionists receiving tourism services under the contract for the provision of tourism services in the field of international outbound tourism, from the country (place) of temporary stay to the place of the beginning (end) of the tourist trip;
   • Expenses incurred by the customer for the payment of tourism services in accordance with the contract for the provision of tourism services in the field of international outbound tourism.


5. If a participant in tourism activities suffers property damage due to the occurrence of cases of the tour operator’s inability to fulfill obligations, the participant has the right to submit a written application (for a bank guarantee – a written demand) for payment of a monetary sum to compensate for such damage directly to the organization ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism.

The following documents must be attached to the written application (for a bank guarantee – to the written demand) of the participant in tourism activities:

• A copy of an identity document (for an individual) or a copy of the certificate of state registration (for a legal entity);
• A copy of the contract for the provision of tourism services (if such a contract was concluded in paper form) or confirmation from the information system ensuring the exchange of information in electronic form between participants and entities of tourism activities (if the contract was concluded in electronic form).

The participant in tourism activities has the right to attach documents confirming the occurrence and amount of property damage caused due to the occurrence of cases of the tour operator’s inability to fulfill obligations.

Documents specified in part three of this paragraph, drawn up in a foreign language, must be accompanied by a translation into Belarusian or Russian.

If a tourist or excursionist receiving (or having received) tourism services under a contract for the provision of tourism services in the field of international outbound tourism concluded by a customer requests it, the customer must provide the tourist or excursionist with a copy of this contract within three working days from the day following the request.

6. The organization ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism shall make a payment to the participant in tourism activities for the compensation of the caused property damage due to the occurrence of cases of the tour operator’s inability to fulfill obligations within fifteen calendar days from the day following the submission of the written application (for a bank guarantee – written demand), unless otherwise provided by paragraph 3 of Article 31 of this Law.

The basis for the payment to a participant in tourism activities within the framework of ensuring the fulfillment of the tour operator's obligations under the contract for the provision of tourism services in the field of international outbound tourism is the occurrence of property damage to the participant in tourism activities due to the tour operator’s inability to fulfill obligations.

7. The method of ensuring the fulfillment of the tour operator’s obligations may be changed by agreement of the parties to the contract for the provision of tourism services in the field of international outbound tourism unless otherwise provided by part two of this paragraph.

The tour operator must ensure the fulfillment of obligations under contracts for the provision of tourism services in the field of international outbound tourism by one of the methods within twenty working days from the occurrence of any of the following cases:

• Early termination, refusal to extend an existing or conclude a new tour operator liability insurance contract or bank guarantee contract;
• Reorganization or liquidation of the association (union) that formed the tour operators' liability fund;
• Dissolution of the tour operators’ liability fund by the association (union);
• The tour operator that paid contributions to the tour operators’ liability fund submits an application to the association (union) that formed the fund to withdraw from that association (union).

Changing the method of ensuring the fulfillment of the tour operator’s obligations is allowed only if the tour operator has no outstanding obligations under contracts for the provision of tourism services in the field of international outbound tourism.

Upon changing the method of ensuring the fulfillment of obligations, the tour operator must notify customers under contracts for the provision of tourism services in the field of international outbound tourism in writing or by other means that confirm the sending of such notification within three working days.

The customer who has received the tour operator’s notification of the change in the method of ensuring the fulfillment of obligations must, within three working days from receiving the notification, inform tourists and excursionists receiving tourism services under the contract for the provision of tourism services in the field of international outbound tourism in writing or by other means that confirm the sending of such notification.

In the cases specified in part two of this paragraph, the deadline for submitting a written application (for a bank guarantee – written demand) for compensation of property damage caused due to the occurrence of cases of the tour operator’s inability to fulfill obligations shall be suspended for the period specified for changing the method of ensuring the fulfillment of the tour operator’s obligations.

8. Disputes related to payments by organizations ensuring the fulfillment of the tour operator’s obligations under contracts for the provision of tourism services in the field of international outbound tourism to participants in tourism activities in compensation for property damage due to the occurrence of cases of the tour operator’s inability to fulfill obligations, including when such payments are insufficient, shall be resolved in court.


9. The conclusion of contracts for the provision of tourism services in the field of international outbound tourism by a tour operator without ensuring the fulfillment of obligations under these contracts by one of the methods provided in paragraph 1 of this article is prohibited.

Article 28. Tour Operator Liability Insurance.

1. The conditions for voluntary tour operator liability insurance for causing property damage to participants in tourism activities due to the occurrence of cases of the tour operator’s inability to fulfill obligations are determined by voluntary insurance rules approved by the insurance organization and agreed upon with the Ministry of Finance.


2. The tour operator liability insurance contract, concluded between the tour operator and the insurance organization, applies to contracts for the provision of tourism services in the field of international outbound tourism that stipulate this method of ensuring the fulfillment of the tour operator's obligations.


3. The list of expenses reimbursed to participants in tourism activities may be expanded by mutual agreement between the parties to the tour operator liability insurance contract.

Article 29. Bank Guarantee. Bank Guarantee Issuance Contract.

1. The terms of a bank guarantee include:
   • Name of the tour operator;
   • Name of the beneficiary;
   • Name of the bank;
   • Date and number of the contract for the provision of tourism services in the field of international outbound tourism;
   • Maximum monetary amount payable under the bank guarantee, considering paragraph 3 of Article 27 of this Law;
   • Validity period of the bank guarantee, which expires six months after the end date of the tourist trip;
   • Procedure for a participant in tourism activities to submit a written demand for payment of a monetary amount under the bank guarantee to the bank, considering paragraph 5 of Article 27 of this Law and paragraph 4 of this Article.


2. The tour operator must apply to the bank for the issuance of a bank guarantee no later than the date of signing the contract for the provision of tourism services in the field of international outbound tourism.
   

   The bank issues a bank guarantee to the tour operator within three working days from the date of the tour operator's application for its issuance unless a shorter period is stipulated in the bank guarantee issuance contract.

   The tour operator must provide the customer with the bank guarantee along with the documents required for the tourist trip, except in cases where less than three working days remain before the start of the trip.

   If the bank guarantee cannot be issued before the start of the tourist trip due to the short processing time, the tour operator must notify the customer in writing or by another means confirming the transmission of such notice, providing the details of the issued bank guarantee no later than the date of its issuance.

   The customer, within three working days from the date of receiving the bank guarantee or notice from the tour operator, as stipulated in parts three and four of this paragraph, must provide the bank guarantee or notice to the tourists or excursionists receiving tourism services under the contract for the provision of tourism services in the field of international outbound tourism, in writing or by another means confirming their delivery by the customer.

3. The list of expenses reimbursed to participants in tourism activities may be expanded by mutual agreement between the parties to the bank guarantee issuance contract.


4. A participant in tourism activities may submit a written demand for payment of a monetary amount under the bank guarantee in case of property damage caused due to the occurrence of cases of the tour operator’s inability to fulfill obligations. This demand can be presented to the bank during the validity period of the guarantee for the amount confirmed by the documents specified in parts two to four of paragraph 5 of Article 27 of this Law.


5. The bank guarantee issuance contract, based on which the bank guarantee is issued, must contain the following essential conditions:
   • The amount (limit) of the bank’s monetary obligation for issuing bank guarantees to ensure the fulfillment of the tour operator's obligations under contracts for the provision of tourism services in the field of international outbound tourism, determined by agreement of the parties to the bank guarantee issuance contract but not less than half the cost of tours in the field of international outbound tourism (hereinafter – the cost of tours) for the previous year;
   • The requirement for the bank to issue bank guarantees for each contract for the provision of tourism services in the field of international outbound tourism that provides for this method of ensuring the fulfillment of the tour operator’s obligations;
   • The validity period of bank guarantees;
   • The rights and obligations of the tour operator and the bank.
6. The validity period of the bank guarantee issuance contract is one year unless a longer period is specified in the contract.


7. If the amount (limit) of the bank’s monetary obligation is exhausted, the bank guarantee issuance contract is terminated.


8. If the tour operator does not change the method of ensuring the fulfillment of its obligations, the validity period of the bank guarantee issuance contract is extended by agreement of the parties, or the tour operator concludes a new bank guarantee issuance contract with the same or another bank.

Article 30. Tour Operators' Liability Fund.

1. The Tour Operators' Liability Fund may be established by an association (union) provided that:
   • The association (union) includes at least ten tour operators engaged in international outbound tourism and planning to establish the Tour Operators' Liability Fund;
   • The association (union) has a governing body authorized to make decisions regarding the formation of the Tour Operators' Liability Fund and the use of its financial resources.

   The association (union) forms the Tour Operators' Liability Fund based on a decision of its governing body at the initiative of tour operators engaged in international outbound tourism who are members of the association (union) and intend to contribute to the fund, in accordance with the procedure established by this article.

2. The Tour Operators' Liability Fund is formed from annual contributions made by tour operators engaged in international outbound tourism who are members of the association (union) that established the fund, as well as from contributions from tour operators specified in paragraph five of this section.

   The annual contribution of a tour operator engaged in international outbound tourism and being a member of the association (union) that established the Tour Operators' Liability Fund is set at 0.2% of the cost of tours for the previous year (hereinafter – annual contribution), considering the specifics outlined in paragraphs five and six of this section.

   A tour operator engaged in international outbound tourism and being a member of the association (union) that established the Tour Operators' Liability Fund is considered a participant of the fund from the date when they make their first contribution, which equals one-fourth of the annual contribution.

   The annual contribution must be paid in equal installments at least once per quarter. A tour operator specified in paragraph two of this section may pay the full annual contribution in a single payment.

   A newly registered tour operator in the Unified State Register of Legal Entities and Individual Entrepreneurs, or a tour operator who has not previously engaged in but plans to engage in international outbound tourism and is a member of the association (union) that established the Tour Operators' Liability Fund, is considered a participant of the fund from the date they make their first contribution in an amount determined by the Council of Ministers of the Republic of Belarus.

   The tour operator specified in paragraph five of this section must make subsequent contributions to the Tour Operators' Liability Fund at least once per quarter in an amount not less than 0.2% of the cost of tours for the previous quarter, starting from the quarter following the quarter in which the first contribution was made.

   The contributions specified in paragraph six of this section must be paid within one year from the date of the first contribution made by the tour operator mentioned in paragraph five. After this one-year period, such a tour operator must make annual contributions in the amount and manner established in paragraphs two to four of this section.

3. The financial resources of the Tour Operators' Liability Fund are accumulated in a special account in Belarusian rubles, opened in a bank by the association (union) (hereinafter – special account).

   The special account is opened in accordance with banking legislation, regardless of any decisions (orders) issued by the bank to suspend transactions on the association’s (union’s) accounts, or orders (judicial rulings) to seize funds in the association’s (union’s) accounts made by an authorized body (official) under legislative acts.

   The association (union) may open only one special account for the formation, storage, and use of the Tour Operators' Liability Fund in accordance with its designated purpose as stipulated in paragraph 4 of this article.

   No enforcement actions can be taken against the funds in the special account under any executive or other documents that provide grounds for automatic withdrawal of funds from the association’s (union’s) accounts. The funds in the special account cannot be seized, and transactions on the account cannot be suspended.

   The provisions of paragraph four of this section do not apply to cases where enforcement actions on the special account funds are conducted based on an executive document permitting automatic withdrawal for purposes that align with the designated purpose of the special account, as well as cases provided for by legislation on the prevention of money laundering, terrorist financing, and the financing of weapons of mass destruction proliferation.

   Liability for unlawful enforcement actions, suspension of transactions, or seizure of funds in the special account rests with the heads of authorized bodies (officials) carrying out these actions.

   Funds mistakenly credited to the special account due to a technical error must be debited in accordance with the procedure established by law.

   No other funds, except those specified in paragraph 2 of this article, may be deposited into the special account.

4. The funds in the special account are designated for specific purposes and are used by the association (union) to compensate participants in tourism activities for financial damages caused due to the tour operator’s inability to fulfill obligations.

   If no payments from the Tour Operators' Liability Fund have been made for three consecutive years, based on a decision of the association's (union's) governing body and with the consent of at least half of the tour operators who are participants in the fund, up to 10% of the current total amount of the Tour Operators' Liability Fund may be used by the association (union) for organizing exhibitions, fairs, and other events aimed at developing the tourism potential of the Republic of Belarus and its administrative-territorial units, and/or to support the participation of tour operators in such events.

   The funds in the special account may not be used for purposes other than those outlined in paragraphs one and two of this section.

5. In the event that a tour operator ceases its operations in international outbound tourism, discontinues its business activities, exits the association (union), or changes the method of securing its obligations, the funds contributed by this tour operator to the Tour Operators' Liability Fund must be returned to them, minus any outstanding obligations under contracts for the provision of tourism services in international outbound tourism (if applicable), as well as the portion of the tour operator’s funds that were used for purposes outlined in paragraph two of section 4 of this article.

   A tour operator who is a participant of the Tour Operators' Liability Fund may be excluded from the fund by a decision of the association's (union's) governing body if they fail to make contributions to the fund for one year.

   If the number of participants in the Tour Operators' Liability Fund falls below ten and is not replenished within one year, the association (union) must close the special account and liquidate the fund, distributing any remaining unused funds as specified in paragraph two of section 6 of this article.

6. In the event of the liquidation of the association (union), it must submit a request to close the special account within ten business days of the decision or the court ruling on liquidation.

   The remaining unused funds in the Tour Operators' Liability Fund must be proportionally distributed among tour operators who were participants in the fund according to their contributions.

7. In the event of reorganization of the association (union) in the form of transformation, the special account must be closed. The association (union) that owns the special account must submit a request to close it within ten business days and distribute the remaining unused funds among tour operators based on their contributions.

8. In the cases provided for in paragraphs two to four of section 7 of this article, the funds from the special account of the association (union) must be transferred to the current (settlement) bank account of a tour operator who is a participant in the Tour Operators' Liability Fund if, at the time of the association’s (union’s) decision on reorganization, this tour operator submitted an application to the association (union) requesting a change in the method of securing the fulfillment of the tour operator's obligations.

   The transfer of funds from the special account of the association (union) to the current (settlement) bank account of a tour operator who is a participant in the Tour Operators' Liability Fund is carried out in compliance with the requirement established in paragraph one of section 5 of this article.

9. An association (union) that has committed systematic (three or more times) violations of legislation regarding the formation and use of funds from the Tour Operators' Liability Fund is subject to liquidation through judicial proceedings based on a lawsuit filed by the Ministry of Sports and Tourism.

   In the event of the liquidation of the association (union) due to systematic (three or more times) violations of legislation regarding the formation and use of funds from the Tour Operators' Liability Fund, the remaining unused funds of this fund shall be distributed in accordance with paragraph two of section 6 of this article.

Article 31. Payment of monetary amounts from the Tour Operators' Liability Fund, features of its implementation.

1. A written application by a participant in tourism activities for the payment of a monetary amount from the Tour Operators' Liability Fund due to property damage incurred as a result of the occurrence of cases where the tour operator is unable to fulfill obligations may be submitted by the participant in tourism activities to the association (union) before filing a lawsuit, within six months from the date of occurrence of the basis provided for in paragraph two of section 6 of article 27 of this Law.


2. If, upon the occurrence of a case where the tour operator is unable to fulfill obligations, as provided for in paragraph seven of section 1 of article 26 of this Law, the governing body of the association (union) has not made a decision to pay monetary amounts from the Tour Operators' Liability Fund to participants in tourism activities, including tourists and excursionists located outside the territory of the Republic of Belarus, due to property damage incurred by these participants in tourism activities, such a decision, taking into account the provisions of section 4 of article 27 of this Law, shall be made by the Council of Ministers of the Republic of Belarus.

   In the event that the Council of Ministers of the Republic of Belarus makes a decision to pay monetary amounts from the Tour Operators' Liability Fund to participants in tourism activities, the participant shall be paid a monetary amount equal to the amount of property damage incurred but not exceeding the maximum payment amount established in section 3 of article 27 of this Law.

3. The association (union) is obliged to execute the decision of the Council of Ministers of the Republic of Belarus on the payment of monetary amounts from the Tour Operators' Liability Fund to participants in tourism activities within fifteen calendar days from the day following the date the decision comes into force.

Article 32. Registry.

1. From the day following the date of notification to the local executive and administrative body at the location (residence) of the tourism entity about the commencement of activities in providing tourism services, the tourism entity is entitled to begin such activities regardless of whether information about this entity and its activities has been included in the registry.

   After the commencement of activities in providing tourism services, tourism entities must submit information for inclusion in the registry in accordance with the procedure established by this article.

2. The registry is created for the purpose of accounting and systematizing information about tourism entities operating within the territory of the Republic of Belarus.


3. The formation and maintenance of the registry are carried out by the Ministry of Sports and Tourism or an authorized state organization in the manner established by the Council of Ministers of the Republic of Belarus.

Information about tourism entities contained in the registry is published on the official website of the Ministry of Sports and Tourism on the global computer network, the Internet.

4. The following information about a tourism entity is included in the registry:
   • Name of the tourism entity (surname, given name, patronymic (if applicable) of an individual entrepreneur);
   • Location of the tourism entity (residence of the individual entrepreneur);
   • Registration number in the Unified State Register of Legal Entities and Individual Entrepreneurs (for tourism entities that are residents) or in the register of a foreign country (for tourism entities that are non-residents, if such a number exists);
   • Taxpayer identification number (for tourism entities that are residents);
   • Separate divisions (branches, representative offices) of a legal entity (if any), their location;
   • Organizational forms of tourism;
   • Type of tourism activity;
   • Surname, given name, patronymic (if applicable) of the head of the tourism entity or the name (trade name) of the legal entity, surname, given name, patronymic (if applicable) of the individual entrepreneur performing the functions of the sole executive body of the tourism entity;
   • Official website address on the global computer network, Internet, email address (if available), and contact details, including those of the person specified in the ninth paragraph of this section;
   • Information provided by tour operators engaged in international outbound tourism regarding the availability of a tour operator liability insurance contract (contract number and date, name of the insurance company), a bank guarantee issuance contract (contract number and date, name of the bank), or their participation in the formation of the Tour Operators' Liability Fund;
   • Information on membership in an association (union), if the tourism entity is a member of an association (union);
   • Information on the suspension of tourism activities, the duration of such suspension, and the source of publication of such information;
   • Information on voluntary certification of tourism services (if applicable).


5. Tourism entities must submit information to the Ministry of Sports and Tourism or an authorized state organization for inclusion in the registry in the following manner:
   
   • Tourism entities, except for those specified in the third paragraph of this section, must submit the information no later than twenty working days from the date of notification about the commencement of activities in providing tourism services to the local executive and administrative body at the location of the legal entity (residence of the individual entrepreneur) in accordance with the procedure established by law;
   • Tour operators engaged in or planning to engage in tour operator activities in the field of international outbound tourism, or those engaged in or planning to engage in both travel agency and tour operator activities in the field of international outbound tourism, must submit the information no later than twenty working days from the date the tour operator acquires a method of ensuring the fulfillment of obligations (if multiple methods exist, from the date the first such method is obtained).
   
   
6. The submission of information by a tourism entity to the Ministry of Sports and Tourism or an authorized state organization for inclusion in the registry, as well as the provision of information from the registry, shall be carried out in accordance with forms established by the Council of Ministers of the Republic of Belarus, in written form in accordance with the procedure established by legislation on administrative procedures.

Submission of information by a tourism entity to the Ministry of Sports and Tourism or an authorized state organization via an electronic document is carried out through the unified portal of electronic services of the nationwide automated information system.

CHAPTER 5
ORGANIZATION OF EXCURSION SERVICES

Article 33. Excursion Services

1. Excursion services are provided based on:
   • A contract for the provision of tourism services, when such services are part of a package or a complete set of tourism services provided during or in connection with a tourist journey;
   • A contract for the provision of excursion services, when such services are provided to excursionists through guides, interpreter-guides, employees of organizations conducting excursions within those organizations, tourism entities, or other authorized persons;
   • Other contracts not prohibited by law that stipulate the terms of excursion services.

When providing excursion services using audio guides (mobile tour companions), the audio guides (mobile tour companions) are provided to excursionists by the entities specified in the third paragraph of the first part of this section.

2. A contract for the provision of excursion services is considered properly executed if:
   • It is drawn up as a single textual document, including an electronic document (such as an electronic record), or exchanged as textual documents, including electronic documents, signed by the parties either in handwriting or using communication tools, other technical means, computer programs, information systems, or networks, provided that such a method of signing reliably establishes that the relevant textual contract for the provision of excursion services has been signed by its parties (facsimile reproduction of a handwritten signature via mechanical or other copying means, electronic digital signature, or another equivalent to a handwritten signature that ensures identification of the party to the contract), and it does not contradict legislation and the parties' agreement;
   • From the moment an excursionist receives a document generated by cash register equipment and (or) a payment terminal confirming the payment for excursion services, regardless of the form of payment, or from the moment payment is made for excursion services through the automated information system of the unified settlement and information space of the Republic of Belarus;
   • From the moment a receipt for excursion services is issued according to the form established by the Ministry of Sports and Tourism, along with a cash receipt or another payment document confirming the payment for excursion services.

Article 34. Conducting Excursions on the Territory of the Republic of Belarus.

1. Excursions on the territory of the Republic of Belarus may be conducted by:
   • Tour guides and interpreter-guides who have undergone professional certification confirming their qualification as tour guides and interpreter-guides;
   • Individuals employed by organizations when conducting excursions within these organizations;
   • Tourism entities;
   • Other persons authorized to conduct excursions.


2. The procedure and conditions for undergoing professional certification confirming the qualification of tour guides and interpreter-guides are established by the Council of Ministers of the Republic of Belarus.


3. Audio guides (mobile tour companions) used in excursion services are subject to certification and subsequent registration in cases and according to the procedure established by the Council of Ministers of the Republic of Belarus.


4. Conducting excursions on the territory of the Republic of Belarus in violation of the requirements established by this article is prohibited.

Article 35. National Register of Tour Guides and Interpreter-Guides of the Republic of Belarus

1. The Republic of Belarus maintains a National Register of Tour Guides and Interpreter-Guides, which includes information about tour guides and interpreter-guides who have undergone professional certification confirming their qualification as tour guides and interpreter-guides.


2. The formation and maintenance of the National Register of Tour Guides and Interpreter-Guides of the Republic of Belarus are carried out by the Ministry of Sports and Tourism or an authorized state organization in accordance with the procedure established by the Council of Ministers of the Republic of Belarus.

CHAPTER 6
SAFETY IN THE TOURISM SECTOR. LIABILITY FOR VIOLATION OF TOURISM LEGISLATION

Article 36. General Safety Issues in the Tourism Sector.

1. Safety in the tourism sector is understood as the preservation of the lives, health, and property of tourists and excursionists, the prevention of harm to the environment during tourist trips, the provision of informational support to participants and entities of tourism activities, and the protection of the rights, freedoms, and legitimate interests of participants and entities of tourism activities.


2. The Ministry of Sports and Tourism, based on information posted on the official websites of the Ministry of Foreign Affairs or other state bodies in the global computer network Internet or provided by the Ministry of Foreign Affairs or other state bodies, informs participants and entities of tourism activities within 72 hours of receiving such information about countries (places) where travel currently poses a threat to the safety of tourists and excursionists. This information is published on the official website of the Ministry of Sports and Tourism in the global computer network Internet and by other means not prohibited by legislative acts.

Article 37. Safety Issues for Participants in Tourism Activities in Case of Emergency Situations

1. In the event of emergency situations within the territory of the Republic of Belarus, the state takes measures to protect the lives, health, and property of tourists and excursionists.


2. In the event of emergency situations and other force majeure circumstances outside the territory of the Republic of Belarus in the context of international outbound tourism, the state takes measures to protect the lives, health, and property of tourists and excursionists, including measures for their evacuation from the country (place) of temporary stay (transit travel).

Article 38. Liability for Violation of Tourism Legislation.

Persons found guilty of violating tourism legislation shall be held liable in accordance with legislative acts.

CHAPTER 7
FINAL PROVISIONS

Article 39. Recognition of the repeal of laws and specific provisions of the law

Recognize as repealed:

• The Law of the Republic of Belarus of November 25, 1999, No. 326-Z "On Tourism";
• The Law of the Republic of Belarus of December 15, 2003, No. 257-Z "On Amendments and Additions to the Law of the Republic of Belarus 'On Tourism'";
• The Law of the Republic of Belarus of January 9, 2007, No. 206-Z "On Amendments and Additions to the Law of the Republic of Belarus 'On Tourism'";
• The Law of the Republic of Belarus of June 16, 2010, No. 139-Z "On Amendments and Additions to the Law of the Republic of Belarus 'On Tourism'";
• Article 7 of the Law of the Republic of Belarus of December 22, 2011, No. 326-Z "On Amendments and Additions to Certain Laws of the Republic of Belarus";
• The Law of the Republic of Belarus of July 18, 2016, No. 410-Z "On Amendments and Additions to the Law of the Republic of Belarus 'On Tourism'".

Article 40. Transitional provisions.

1. Contracts for the provision of tourist services concluded before the effective date of this Law shall remain in force for the period specified in them and are not subject to adjustment in accordance with the requirements of this Law.


2. Associations (unions) planning to establish a tour operators' liability fund as a means of ensuring the fulfillment of tour operator obligations must, after the entry into force of this Law, bring their charters into compliance with this Law.
   

   Until their charters are brought into compliance with this Law, they shall remain valid to the extent that they do not contradict this Law.

Article 41. Measures for the implementation of the provisions of this Law.

The Council of Ministers of the Republic of Belarus shall, by January 1, 2023:
ensure that legislative acts are brought into compliance with this Law;
adopt other measures necessary for the implementation of the provisions of this Law.

Article 42. Entry into force of this Law.

This Law shall enter into force as follows:

• Articles 1–31, paragraphs 1–5, the first part of paragraph 6, paragraphs 7–10 of Article 32, Articles 33–40 – from January 1, 2023;
• The second part of paragraph 6 of Article 32 – from January 1, 2024;
• Other provisions – after the official publication of this Law.

President of the Republic of Belarus A. G. Lukashenko