Travel agents and tour operators are preparing to work under new rules
11 Oct legal Agency “Persona Grata” to the consultation workshop for tourism companies. Once versed in the new law on tourism. There was a feeling that many people still can’t believe the reality of the situation. And everything is developing exactly according to psychological models: the first misunderstanding, then denial, then anger and finally humility.
Apparently, the participants of the tourism industry are stuck somewhere between denial and anger. But to work under the new rules is still necessary.
When the operators have to pay fees?
It said the company’s founder Georgy Mokhov. During the introductory part of the seminar, he recalled that with the new year comes a new concept – the total price of the product, based on which to pay mandatory contributions for tour operators. This is a key concept, which, incidentally, never given a clear explanation in the law. At least, so believe in the “Persona Grata”. It is no secret that the majority, according to one estimate, up to 90% of operators expected the size of finobespecheniya with a conservative amount. The new wording in the law, in theory, should have eliminated this possibility. “But proper legal description, that is, the total price of the product, in the amendments there,” – said Giorgi Mokhov.
He also reminded that there are additional barriers to entry for tour operators – primarily a new personal Fund responsibilities. “The reserve Fund is not one of the new and old compensation to evacuate. Just renamed” – he reassured those who did not yet know. Another necessary requirement is the availability of finobespecheniya. Here, perhaps, one of the few nice innovations – small tour operators, the amount of insurance coverage decreased from 30 to 10 million rubles.
Tour operators raised the issue of when they should pay contributions to the funds, as well as what to do with existing insurance contracts. “49-FZ of the latter articles specify the term only to back and Fund the personal responsibility is 30 days starting from 1 January 2017. Finobespecheniya term in the law is not spelled out, but we hope that tourism will give you the time of renewal. And that the Agency will not exclude those who did not lead the amount of security in accordance with the new law until January 30,” – said the lawyer. The problem is that annual reports shall be by 31 March, and the contributions must be calculated at the beginning of the year. It is not clear whether someone immediately to make statutory 7% to Fund the personal responsibility and whether it is in this case exempt from the financial guarantees. “The law provides for the allocation for those who want to exercise this right,” – said Mokhov.
Very emotional was perceived by the new requirements to the business reputation of managers, their deputies and chief accountants of tour operators. One of them is “the absence of evidence of replacement of positions in the tour operator companies for the 12 months preceding the removal from the registry or Association “Turpomosch”. “The firm will close and the new open fail”, – whispering in the hall.
Travel agents can write to the tour operators
Travel agents were present in the audience were surprised to learn that they can be recognized by the tour operators. “Legislator knowingly entered wording. In the case of the conclusion of separate treaties of accommodation and transportation in one and the same person on the same date they will be recognized by the agreement on implementation of tourist product”, – explains the expert. In other words, even if sold separate transportation, separate accommodation – the law is tour operator activity with all the ensuing consequences in the form of financial guarantees, contributions to funds, etc. Panicked and representatives of business travel. “Whether MICE product amount to tour operator activities, because we don’t set tour packages?” – they addressed for explanations to the expert.
“Unfortunately, the law is not specifically spelled out the nuances in the spheres of tourism, – said Georgy Mokhov. – Transfer from airport to hotel transportation? Cruise is a tourism product or just floating hotel? This question is a debatable one, usually solved when there are judicial precedents”. As with business travel, you have to start from the literal interpretation of the law – there is a combination of transport and accommodation, so there is a tourism product.
Naturally, most of the travel agents were interested in the possible legal and practical point of view, interactions with tour operators, which they will have to come next year. In particular, is there a way to circumvent the rule, according to which the agent operates in the name and on behalf of the tour operator if the power of attorney. After all, according to some experts, this can lead to negative consequences for travel agencies. The most unpleasant of them – this is the requirement that they have the right to conduct sales only on the basis of power of attorney issued by the supplier, i.e., solely on its behalf. As a result, the agent is not the subject of the transaction and, therefore, has no right to enter in the books of the funds into your account.
“Rumors that the agent is not entitled to take money from tourists if it works on behalf of tour operators, are greatly exaggerated. If you have the appropriate privileges, there is no difficulty legally formalized, as an option, the contract with the tourist booking the tour, the information and any services that relate to Agency activities for the promotion and implementation of tourism products. In the framework of the preliminary contract it is possible to make money in the clearing account to the agreement on the implementation of the product, and the calculation to make on the instructions of the tourist, for example, through the payment terminal. This is discussed scheme. We are now experimenting and more predictable than the final versions,” said the lawyer.And travel agencies, and tour operators have their own fears that are associated with this amendment.
“We take responsibility for a travel Agency, what if we loose?” – asked the tour operators. “And we are afraid that tour operators will go bankrupt and no we will not return deposits,” was the response reviews.
In General, asking so many questions that the “Persona Grata” has promised to hold a number of free seminars. Although Giorgi Mokhov sure that in most cases schemes of work with tour operators, nothing will change, and fear settled down, the main thing is the credibility of business partners.