Article 1. Basic Terms and Their Definitions Used in the Present Law

In this Law the following basic terms and their definitions are used:

guide-interpreter – a natural person having appropriate qualification to carry out excursion in foreign language;

tour route – a planned way of tourist’s travel, including the list of main localities and places, consistently visited by tourist during the tour;

non-residents of the Republic of Belarus – natural persons, permanently residing outside the territory of the Republic of Belarus, as well as legal persons and organizations being not legal persons, placing outside the territory of the Republic of Belarus, founded in accordance with the legislation of foreign countries;

subjects of tourist activity – tour operators, tour agents;

subjects of tourist industry – subjects of tourist activity, as well as other legal and natural persons including individual entrepreneurs, exercising activity connected with satisfaction of tourists’ requirements appearing during the travel or in connection with this travel;

tour – a travel in accordance with the tour program with simultaneous tour servicing (not less than two services), formed by the tour operator;

tour agency activity – commercial activity of legal persons or individual entrepreneurs (tour agents) on realization of tours, formed by the tour operators – residents of the Republic of Belarus, to members of tourist activity as well as on exercising of consultative-informative services connected with organization of travel;

tourism – a travel of natural persons outside the places of their residence for the period not longer than 12 months on matters of relaxation, business, cognitive and other, not exercising working, entrepreneur, other profitable activity, paid or bringing profit from the source in the visited country, as well as activity of legal and natural persons, including individual entrepreneurs, on organization of such travel;

tourist – a natural person traveling outside the place of residence for the period not longer than 12 month on matters of recreation, business, cognitive and other, not exercising working, entrepreneur, other profitable activity, paid or bringing profit from the source in visited country;

tourist activity – tourist operator or tourist agent activities;

tourist industry – a set of objects for accommodation of tourists, transportation facilities, places of public nourishment, objects and means of entertainment, objects of educational, health-improving, business and other destination, used to satisfy tourists’ needs arising during the travel and (or) in connection with the travel;

tourist zone - part of the territory of the Republic of Belarus with a definitely determined borders, where one or several tourist resources included into the state cadastre of the Republic of Belarus of tourists resources are located, and is created to develop incoming and internal tourism, tourist industry, protection and rational usage of tourist resources;

tourist resources – natural, social-cultural objects, including immovable material historic-cultural values, satisfying spiritual demands of tourists and contributing to restoration and improvement of their health;

tourist services – services done to the tourist during the tour or in connection with it in accordance with the agreement on exercising of tourist services;

tour operator activity – entrepreneur activity of legal persons (tour operators) on formation and realizing tours including those formed by other tour operators, including non-residents of the Republic of Belarus as well as on exercising of consultative-informational services, connected with travel organization;

member of tourist activity – tourists, as well as legal and natural persons, having intentions to order, ordering or have ordered tourist services on matters not connected with exercising of entrepreneur activity;

excursion – visit of natural persons with cognitive purposes of tourist resources other objects, having art, historic or other consequence, under the direction of a guide, guide-interpreter, other person, empowered to carry out excursions;

guide – natural person having appropriate qualification to carry out excursions.

Article 2. Legislation on tourism

The legislation on tourism is based on the Constitution of the Republic of Belarus and consists of the present Law, the Civil Code of the Republic of Belarus, the Law of the Republic of Belarus of January 9, 2002 “On Protection of the Rights of Consumers” and other acts of legislation.

Should the international treaty, valid for the Republic of Belarus, establish other rules than those provided by the present Law, the rules of international treaty of the Republic of Belarus shall be applied.

Article 3. Organizational Forms of Tourism. Kinds of Tourism

International and internal tourism are organizational forms of tourism.

The international tourism includes:

exit tourism - travel 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;

entrance tourism - travel of foreign citizens and stateless persons, except for permanently residing in the Republic of Belarus, within the territory of the Republic of Belarus.

Internal tourism - travel 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.

The features of organization of separate kinds of tourism (agro ecotourism, amateur, social, ecological and other kinds) are regulated by the legislation.

Article 4. State Regulation in the Sphere of Tourism

State regulation in the sphere of tourism is carried out by the President of the Republic of Belarus, Parliament of the Republic of Belarus, Council of Ministers of the Republic of Belarus, the Ministry of Sports and Tourism of the Republic of Belarus, local Councils of Deputies, executive and administrative bodies and other state bodies within their powers according to the legislation.

The President of the Republic of Belarus determines the uniform state policy in the sphere of tourism.

The Council of Ministers of the Republic of Belarus provides carrying out the uniform state policy in the sphere of tourism.

The Ministry of Sports and Tourism of the Republic of Belarus carries out the state policy in the sphere of tourism, exercises coordination of activity of other republican bodies in the sphere of tourism.

Local Councils of Deputies, executive and administrative bodies within their competence solve local problems in the sphere of tourism.

Article 5. Main Principles of State Regulation in the Sphere of Tourism

The main principles of state regulation in the sphere of tourism are:

protection of the rights and legitimate interests of natural persons, including providing their safety in the sphere of tourism;

development of tourism and the tourist industry;

support of small business in sphere of tourism;

development of competition, prevention, restriction and suppression of monopolistic activity at the market of tourist services;

publicity and openness of development, acceptance and application of measures of state regulation in the sphere of tourism.

Article 6. Main Purposes and Priority Directions of State Regulation in the Sphere of Tourism

The main purposes of state regulation in the sphere of tourism are:

provision of the rights of physical persons on rest, freedom of movement and other rights realized in sphere of tourism;

formation of imagination on the Republic of Belarus as on the country attractive for tourists;

provision of availability of tourism;

rational use of tourist resources;

creation of necessary conditions for goods, works and services exchange in the sphere of tourism according to the international treaties of the Republic of Belarus taking into account the interests of participants of tourist activity and subjects of the tourist industry of the Republic of Belarus;

development of tourist zones;

development of the international contacts.

The priority directions of state regulation in the sphere of tourism are the support and development of the tourist industry, the international entrance and internal tourism.

Article 7. Interdepartmental Expert-Coordination Council on Tourism at the Council of Ministers of the Republic of Belarus

The Interdepartmental Expert-Coordination Council on Tourism at the Council of Ministers of the Republic of Belarus is created with a view of perfection of interaction of state bodies, public associations, participants of tourist activity and subjects of tourist industry on the questions of creation of favorable conditions for steady development of tourism in the Republic of Belarus, increase of its economic efficiency, formation of competitive environment, protection of home market of tourist services, as well as for elaboration of recommendations on:

carrying out the state policy in the sphere of tourism and development of competition by attraction and an effective utilization of financial resources for realization of corresponding special purpose programs, projects, actions;

realization of the international treaties of the Republic of Belarus and the international programs on problems of support and development of tourism;

provision and protection of interests of participants of tourist activity and subjects of tourist industry in the sphere of tourism.

The regulations on Interdepartmental Expert-Coordination Council on Tourism at the Council of Ministers of the Republic of Belarus, as well as its structure are approved by the Council of Ministers of the Republic of Belarus.

Article 8. State and Local Programs of Tourism Development

The state programs of tourism development are worked out by the Ministry of Sports and Tourism of the Republic of Belarus and approved by the Council of Ministers of the Republic of Belarus.

The local programs of tourism development are worked out by local executive and administrative bodies and approved by the local Councils of Deputies.

Article 9. State Cadastre of Tourist Resources of the Republic of Belarus

The State Cadastre of Tourist Resources of the Republic of Belarus, containing data on the status of these resources, its geographical position and borders, nature users, scientific, economic, ecological and cultural value, as well as regime of its protection, is conducted in the Republic of Belarus.

The republican body of state administration responsible for conducting the State Cadastre of Tourist Resources of the Republic of Belarus, the order of its conducting, as well as for the order of referring the resources to tourist ones are determined by the Council of Ministers of the Republic of Belarus.

The regime of tourist resources protection and the procedure of their use in a view of specifications of allowable anthropogenesis loading on environment are determined in accordance with the legislation.

Article 10. Creation of Tourist Zones

The tourist zones are created under offers of the state bodies, legal persons, individual entrepreneurs.

The decision on creation of a tourist zone is taken by the Council of Ministers of the Republic of Belarus on agreement with the President of the Republic of Belarus on the basis of conclusions of the Ministry of Sports and Tourism of the Republic of Belarus, the Ministry of Natural Resources and Environmental Protection of the Republic of Belarus, local executive and administrative bodies on expediency and efficiency of its creation.

The procedure of creation of tourist zones is determined by the Council of Ministers of the Republic of Belarus.

Article 11. Priority Directions, Conditions and Features of Carrying out the Activity in Tourist Zones

The priority directions of activity in tourist zones, conditions and features of its realization are determined by the President of the Republic of Belarus.

The tourist and other activity, not forbidden by the legislation, carried out in tourist zones, should not interfere with the purposes of creation of tourist zones.

Article 12. Licensing of Tourist Activity

The licensing of tourist activity is carried out according to the legislation on licensing.

Article 13. Rights and Duties of Participants of Tourist Activity

Participants of tourist activity have the right to:

necessary and a trustworthy information on the program of tour, other information provided by the legislation on protection of the rights of consumers, and at the international tourism - the information determined by the part four of the clause 14 of this Law;

freedom of movement, free access to tourist resources in view of the restrictive measures adopted in the country (place) of temporary stay;

protection of own rights as of consumers of tourist services;

nondisclosure of data on somebody, received by the executor of the contract on rendering tourist services, and the country (place) of temporary stay of the tourist unless otherwise is provided by legislative acts or if the participant of tourist activity has not expressed the consent to disclosure of such data;

provision of safety of rendered tourist services by the subject of tourist activity;

compensation by the subject of tourist activity of the caused losses (harm) in cases and the order, established by the legislation.

The participants of tourist activity are obliged:

to observe the legislation of the country (place) of temporary stay, to respect its political and social organization, customs, traditions, religions of population;

to carefully treat an environment, material historical and cultural values;

to observe the rules of entrance and departure of the country (place) of temporary stay (the countries of transit travel);

to obey the rules of personal safety;

to execute contract provisions of rendering of tourist services.

The participants of tourist activity can have other rights and perform other duties according to the legislation.

Article 14. Rights and Duties of Subjects of Tourist Activity

The subjects of tourist activity have the right:

to realization of tour according to the present Law and other acts of legislation;

to receiving in the state bodies, other organizations in the order established by the legislation of the information necessary for realization of their activity;

to take part in working out the programs of development of tourism;

to render the consultative-information services connected with the organization of travel.

The tour operators in addition to the rights determined by the part one of the present clause, have the right:

to formation of tour at own discretion, under the order of participants or subjects of tourist activity;

to determine the minimum quantity of tourists necessary to carry out a tour.

The subjects of tourist activity are obliged:

to take necessary measures on observance of the rights and legitimate interests of participants of tourist activity;

to give participants of tourist activity necessary and trustworthy information on the program of tour, as well as other information foreseen by the legislation on protection of the rights of consumers;

to provide safety of tourist services, as well to instruct in the order established by the Ministry of Sports and Tourism of the Republic of Belarus, about observance of rules of personal safety of the tourist;

to compensate in cases and the order, established by the legislation, the losses (harm) caused to the participant of tourist activity;

to execute treaty provisions on rendering of tourist services.

While organizing the international tourism the subjects of tourist activity are also obliged at the conclusion of the contract of rendering of tourist services to give to the participants of tourist activity the following information:

on the main rules of entrance and departure of the country (place) of temporary stay (the countries of transit travel), dues paid by the tourist during realization of tour, including at the check points and arrivals (the airports, ports, etc.);

on necessity of submission of medical aid rendering guarantees for entrance to the country (place) of temporary stay in the case if the legislation of the country (place) of temporary stay establishes such requirements;

on customs, traditions of the population of the country (place) of temporary stay, on religious practices, relics, material historical and cultural values, condition of environment, sanitary-epidemic conditions;

on phones and addresses of diplomatic representatives or consular establishments of the state of citizenship or usual place of residence of a tourist in the country (place) of temporary stay or on other organizations in which it is possible to address for protection of the rights and legitimate interests of tourists in the country (place) of temporary stay.

The subjects of tourist activity can have other rights and perform other duties according to the legislation.

Article 15. Tour Formation

The formation of tour includes tour program formation and formation of complex of tourist services (not less than two), necessary for carrying out the travel according to the program of tour. Obtaining the right to tour realization or complex of the tourist services generated by a non-resident of the Republic of Belarus also refer to formation of tour.

The services rendered by the tour operator personally and (or) on which the tour operator acquires the rights on the basis of contracts with the third parties, compose the complex of tourist services.

In the program of tour the following are included:

the route of tour, date and the time of beginning and ending of the tour;

the order of meeting and guiding, conducting of the tourist;

the characteristic of the vehicles carrying out transportation of the tourist, terms of connections (joining) of flights, other obligatory information provided by the legislation on transport activity;

the characteristic of objects for accommodation of tourists, including their site, classification under the legislation of the country (place) of temporary stay, rules of temporary residing, as well as other obligatory information established by the legislation of the country (place) of temporary stay;

the order of maintenance of feeding of the tourist during realization of tour;

the list and the characteristic of other rendered tourist services.

Article 16. Tour Realization

The realization of the tour to the subject of tourist activity is carried out on the basis of the contract of the commission or other contracts, being not forbidden by the legislation.

The realization of the tour to the participant (participants) of tourist activity is carried out on the basis of the contract of rendering tourist services.

Article 17. Contract of Rendering Tourist Services

Under the contract of rendering tourist services the executor (the subject of tourist activity) undertakes under the orders of the customer (the participant of tourist activity) to render tourist services, and the customer undertakes to pay for them. The rules established by the legislation for the contract of paid rendering services are applied to the contract of rendering tourist services.

By the contract of rendering tourist services may be foreseen the performance of all or parts of obligations of the executor under the contract by the third parties. The execution of obligations by the third parties does not release the executor under the contract from responsibility before the customer for default or inadequate execution by the third parties of obligations under the contract of rendering tourist services.

The following are the essential contract provisions of rendering tourist services:

object of the contract of rendering tourist services;

costs of tourist services, terms and the order of payment for them;

data on the executor, including the data on the special permission for realization of tourist activity, its location (residence of the individual entrepreneur) and bank details;

data on the customer, necessary for rendering tourist services;

tour program;

rights, duties and the responsibilities of the parties;

conditions of change and cancellation of the contract of rendering tourist services, the order of settlement of the arisen disputes and compensation of the caused losses (harm);

other conditions, in respect of which under the application of one of the parties (sides) the agreement should be achieved.

Article 18. Form of the Contract of Rendering Tourist Services

The contract of rendering tourist services should be concluded in writing by means of delivery by the executor of the contract of rendering tourist services to the customer of the tourist voucher that contains the essential contract provisions specified in the part three of the article 17 of this Law. The tourist voucher is the form of the strict reporting.

The form of the tourist voucher, the order of its issue and the account are approved by the Ministry of Sports and Tourism of the Republic of Belarus.

Article 19. Quality of Tourist Services

The quality of tourist services should correspond to the provisions of the contract of rendering tourist services, obligatory requirements for observance of technical normative legal acts in the sphere of technical normalization and standardization, and if absent or incomplete - to the requirements usually specified for the services of corresponding kind.

If the legislation of the country (place) of temporary stay provides the obligatory requirements to quality of tourist services, such services should be rendered with observance of these requirements.

The requirements connected with the lacks of quality of tourist services, are asserted by the customer to the executor of the contract of rendering tourist services according to the legislation.

Article 20. Unilateral Refusal to Execute Obligations under the Contract of Rendering Tourist Services

The customer has the right to refuse to execute the obligations under the contract of rendering tourist services under the condition of payment to the executor of charges actually bore by him.

The executor has the right to refuse to execute the obligations under the contract of rendering tourist services only under condition of the full indemnification to the customer of losses. Thus if the executor of the contract of rendering tourist services refuses to execute the obligations under the contract during realization of the tour, he/she is obliged upon the request of the tourist to organize his returning to the place of the beginning (ending) of the tour on the conditions not worse than provided by the contract of rendering tourist services.

Article 21. Excursion Service

The excursion service is carried out on the basis of:

contracts of rendering tourist services when it is a part of complex tourist services rendered during realization of a tour or in connection with it;

contracts of rendering excursion services when it is carried out by means of rendering only services of guides, guides - interpreters, other persons empowered to carry out excursions, and it is not connected with rendering other services on satisfaction of requirements of natural persons, including carrying out of excursions.

Several cases can be established by the legislation when excursion service is carried out on the basis of the contracts, not foreseen by the first part of the present clause.

The rules, established by the legislation for the contract of rendering paid services, are applied to the contract of rendering excursion services.

While exercising excursion service in the territory of the Republic of Belarus the guides and guides-interpreters, who have passed professional certification confirming their qualification, as well as other persons according to the legislative acts working in the organizations carrying out excursions, conduct the excursions.

The procedure and conditions of passing professional certification confirming qualification of guides, guides-interpreters, are determined by the Council of Ministers of the Republic of Belarus.

Article 23. National Register of Guides and Guides-Interpreters of the Republic of Belarus

The National Register of Guides and Guides-Interpreters of the Republic of Belarus, in which the data on guides and the guides-interpreters who have passed professional certification, confirming their qualification are included, is conducted in the Republic of Belarus.

The republican state body responsible for conducting the National Register of Guides and Guides - Interpreters of the Republic of Belarus, and the order of conducting the National Register of Guides and Guides - Interpreters of the Republic of Belarus are determined by the Council of Ministers of the Republic of Belarus.

Article 24. General Safety Issues in the Sphere of Tourism

Safety in the sphere of tourism is understood as safety of life, health, property of tourists, not doing harm to an environment while traveling.

The Ministry of Sports and Tourism of the Republic of Belarus informs the subjects and participants of tourist activity on the countries (places) visiting of which at present represents threat of safety of tourists, by means of placing corresponding data in republican mass media.

Article 25. Provision of Tourists’ Safety in Case of Extreme Situations Occurrence

In case of occurrence of extreme situations within the territory of the Republic of Belarus the state takes measures on protection of life, health and property of tourists.

In case of occurrence of extreme situations out of the territory of the Republic of Belarus at the international exit tourism the state takes measures on protection of life, health and property of tourists, including measures on their evacuation from the country (place) of temporary stay.

Article 26. Provision of Guarantees of Payment for Rendering Medical Aid to the Tourists

The subject of tourist activity upon the request of the participant of tourist activity is obliged to provide guarantees of payment for rendering medical aid to the tourists for entrance to the country (place) of temporary stay if the legislation of the country (place) of temporary stay establishes such requirements.

The basic form of provision of guarantees of payment for rendering medical aid to the tourists is life and health insurance.