Participants of the market almost managed to convince government of the need to allow them to postpone payments to travelers who are unable to travel due to pandemic COVID-19. In the case of adoption of a new anti-crisis measures prepared by the Ministry of economy, consumers instead of mandatory monetary compensation will receive guaranteed same round in the government’s term. This measure will allow the operators to avoid the risk of soon claims to 45 billion rubles, but contrary to the current law on the protection of the rights of consumers and guarantees the rights of tourists, experts warn.Tour operators can obtain the right not to return the tourists money for purchased tours that never took place amid the threat or introduction in a place of prospective stay of emergency, establishment of the foreign state of ban on entry and the risk of harm to the health or property of travelers. This is stated in the text prepared by the Ministry of economy on the order of Prime Minister Mikhail mishustina of the bill on urgent measures for the development of the economy and prevent the effects of the spread COVID-19 (copy of the document is in “Kommersant”). According to the document, together money the operators can guarantee customers a further equivalent of the tour at no additional cost, even if the price of the permit to the time of actual provision of services will rise. The tour operator must have financial security taken for the duration of the commitments and 45 days after graduation. If a tourist can’t go on vacation until the expiry of obligations upon termination of the contract the tour operator has to return the money and pay interest for using monetary funds, which amount to 1/365 of the key rate of the Central Bank. An additional fee will be charged from the day of beginning of validity of the voucher of the tour operator until its maturity. Simultaneously, the government will have the right to change the terms and reduce the enumeration of the annual contributions of operators to the funds of personal responsibility “Turpomoschi”.Special conditions of cancellation, transfer of bookings and refund of money can also be used for hotels and other accommodation. But specific guidance is not given. According to the Vice-President “Support of Russia” Alexey Kozhevnikov, the question requires a separate regulation within the regulations, but the hotels also need to be able to provide vouchers instead of refunds in the event of unforeseen circumstances.Postponement of payments with tourists — a key request from the beginning of the crisis, the authorities asked tourism operators. These tools are the operators directed, in particular, settlements with carriers and hoteliers�� – refundable. The deadline by which the operators can perform obligations to tourists, the government should set separately. Executive Director of the Association of tour operators of Russia (ATOR) Maya Lomidze calls the best option the end of 2021.In itself, the introduction of vouchers (which will be put on transport calculations of source has caused considerable controversy. The partner of lawyer Bureau “Bisenov and partners” Dakhanago Nagoeva explains that this provision violates the current law on the protection of consumer rights, according to which in case of violation of terms of service provision implications should be determined by the tourist and not a tour operator. “If a customer wants to withdraw from the contract for the provision of services and demand a refund, then offer him a voucher, the violation of the rights”,— the expert explains. She adds that the decision to postpone the trip, the tourist can only take yourself.”In this case, who will pay for tourists is unknown,”— emphasizes the source of “Kommersant”. MS Lomidze believes that the output would be the ability of tourists to qualify for money from the Fund personal liability of the tour operator. The significant risks the expert sees the complex interactions of tour operators with insurance companies and banks: most of these structures are not ready to provide the tourist industry a financial guarantee.Alexandra Mertsalova
