The contractual plan of the company for the organization of the tour. The specifics of concluding contracts with service providers. Technological map of tourist travel

  • 30.04.2020
test questions
1. What organizations and enterprises are involved in serving tourists on the tour?


2. What is the measure of responsibility of the tour operator for servicing tourists on the tour route?
3. What points should I pay attention to when choosing a service provider?
4. What is the complex compliance of the offered services with a certain client?
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Practical tasks
Receptive tour operating
1. Identify service providers for organizing ski and congress tours Motivate your developments with the requirements for servicing these categories of tourists.
2. Imagine that your company organizes tours in Moscow.
Name the service providers for your company from the following tours:
A. Russian porcelain.
B. Business tour to Moscow.
V. Folk crafts of Russia.
G. Acquaintance with Russian cuisine in Moscow.
Sample tour programs:
Programs A and B are presented in the text of the previous section (“Maintenance Program”).
B - accommodation in middle-class hotels, meals in restaurants at the hotel and in restaurants along the route on country excursions; excursions: a sightseeing tour of Moscow, to the Moscow Kremlin with a visit to the cathedrals,
Moscow metro, walk along the evening Arbat, Museum of Folk Art, visit art exhibition; out-of-town excursions: Center of Russian ceramics in the village. Gzhel,
Trinity-Sergius Lavra and the Museum of Toys, a sightseeing tour of Rostov the Great with a visit to the Museum of Enamel.
In Moscow, as a leisure activity - attending a concert. One night in Rostov the Great.
D - accommodation in first-class hotels, meals in Moscow restaurants, giving an idea of ​​Russian cuisine; excursions: a sightseeing tour of Moscow, to the Moscow

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the Kremlin with a visit to the cathedrals, to the Novodevichy Convent; walk along the evening Arbat; boat trip along
Moscow River (summer), a walk along the Moscow boulevards; visiting the Moscow opening day; excursion to Sergiev
Posad with a visit to the Troy-tse-Sergius Lavra. In their free time from excursions, tourists are offered classes in Russian cooking, shopping, dinner with a tasting at the Slavyansky Bazar restaurant and a farewell dinner at a Russian restaurant.
45 3. On the responsibility of the initiative tour operator.
Clients turned to the proactive tour operator, who sent tourists to Egypt, with a claim. During their stay in Egypt, they bought from an official partner
(Egyptian receptive tour operator) optional coral reef tour The trip was organized in violation of elementary safety standards. The boat, designed for 10 passengers, took on board 30. As a result, there were not enough seats for everyone. In order to admire the coral reefs, tourists were offered to snorkel in the open sea. At the same time, no one even gave instructions and did not ask if everyone could swim. No one made sure that the swimmers did not fall under the boats maneuvering nearby. As a result, one tourist was forgotten and returned only an hour later, one client was bitten by a moray eel, and there was no first-aid kit on board.
1.8. Tour planning. contract plan
Before making a decision to organize tours to a new destination, a travel company conducts marketing research It is necessary to identify the needs, priorities of consumers, demand trends. This will help to form a tour package in such a way as to more fully satisfy all the needs of the buyer (tourist). These

Especially for the 1bitt.ru library, the Word version of the research also helps to properly direct the course of planning tours and conducting a contractual campaign with service providers.
Preparatory work begins two years or more before the first departure of tourists along the new route, according to new program or to a new country.
In table. 1.4 shows a typical timeline for a new summer tour operating program of an initiative tour operator
The usual scale of the current tour operating program can be represented by the example of a receptive tour operator (Table 1.5).
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Relations with partners - service providers are formalized in a contractual form (by concluding contracts) Each year of work (or other working period) is preceded by a contractual campaign, during which contracts are concluded. Before a contractual campaign, a contractual plan is usually drawn up, including the following sections:

name of the partner;

the main subject of the contract;

contract time;

terms of conclusion of contracts;

special information.

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Especially for the library 1bitt.ru version of Word

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This plan allows you to draw up a real picture - a diagram of the actions of the employees of the travel company to provide services on the tour. The composition of the contractual plan depends on the type of tour and the proposed services. With several types of tours, separate subplans are initially drawn up for each type of tour, and then a consolidated plan, where partners are grouped according to the terms of the conclusion of contracts or according to a geographical principle. Before drawing up a contractual plan, it is necessary to have a clear idea of ​​​​the prospective partners, as well as be ready to conclude contracts at the negotiation stage.
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With the prospective study of a contractual campaign, travel companies widely use various reference and information collections of a tourist and hotel orientation. Guides of travel agencies, hotel and restaurant business, published by international tourism organizations, include information on the possibilities of organizing holidays and travel, accommodation and hotel services, indicating the main types of services provided to tourists. National, local and corporate directories are also published regularly. Guides, guides of routes, attractions, calendars of local events, i.e. everything that is used in the organization of tours and service programs, is

Especially for the 1bitt.ru library, the Word version is the literature used by tour operators when developing new routes and drawing up a contractual plan.
test questions
1. How are relationships with partners - service providers formed?
2. What sections does the contractual plan include? What determines the composition of the contractual plan of the tour operator?
3. Give a typical timeline for a summer tour operating program
Practical tasks
1. Your travel company is developing a new hobby tour
"Russian porcelain" for 6 days. The service program for this tour is given in the task of the previous chapter of the textbook. The duration of the tour is all year round.
Your task is to draw up a contractual plan of the company for organizing this tour according to the following scheme:
2. You are instructed to develop a new hobby tour "Folk Crafts of Russia" on next year to receive foreign tourists. Tour route: Moscow - Rostov
Great for 6 days The tour program is given in the practical task of the previous chapter. Tour duration: May - October. Meals - full board in the hotel restaurant, on the 4th, 5th and 6th day - meals en route.
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3. Your travel company, located in Moscow, has an agreement with a foreign company on the reception of tourists on the tour "Bus
- in Russia" along the route: St. Petersburg - Novgorod -

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Tver - Moscow (12 days). The program agreed with the foreign partner is as follows.
1st day:
Arrival of the group in St. Petersburg. Hotel accommodation Free time
2nd day:
Sightseeing tour of St. Petersburg with a visit
Isaac's Cathedral. Excursion to the Peter and Paul Fortress.
3rd day:
Country excursion to Petrodvorets. Attending a theater or classical music concert.
4th day:
Excursion to the Hermitage. Free time.
5th day:
Road to Novgorod. Sightseeing tour of Novgorod.
6th day:
Tour of the Novgorod Kremlin with a visit
Faceted Chamber.
7th day:
Road to Tver.
8th day:
Sightseeing tour of Tver. Excursion to the Museum of Tver life.
9th day:
Road to Moscow. Sightseeing tour of Moscow.
10th day:
Excursion to the Moscow Kremlin with a visit to the cathedrals.
Boat trip along the Moscow River.
11th day:
Excursion to the Tretyakov Gallery. Excursion to
Novodevichy Convent.
12th day:
Visit to the Moscow opening day. Departure of tourists late in the evening.
Accommodation: in 2-bed rooms of tourist class hotels.

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The duration of the tour is May - September.
Meals - full board.
Note: double program - route: Moscow - Tver -
Novgorod - Petersburg
Using the table form given in task 1, draw up a contractual plan with the service providers of this tour.
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1.9. Negotiations with service providers
Negotiations precede the signing of contracts with service providers. It is important to conduct them in such a way as to get the desired result - the necessary tourist product (goods or services) of good quality, the right quantity and at the price you want.
Negotiations with partners must be carefully prepared. It is necessary to analyze:
1. Circumstances of negotiations
What exactly do you need from a partner? To what extent? In what period? What do you want more from a partner? What is the price level _ for a product or service in it and in the market? Are requirements different? Etc.
For example, in accordance with the existing schedule, upon prior reservation or confirmation, it is necessary to accommodate a group of tourists (30 people) with a regular check-in for 4 days, every week and all year round. Need accommodation services (hotel, hotel); transport (car rental, ordering railway, air tickets, etc.); sports and entertainment services (disco bar, golf, tennis, swimming pool, sauna, etc.). The price must be equal to the average market level minus 10% discount for bulk purchase (i.e. guaranteed occupancy), but no more
Nth sum. The level of accommodation and service for the tourist (middle) class is not differentiated.
The composition of groups of tourists is assumed to be homogeneous - middle class.
2. Ways of implementation possible solutions
- you need to know who and what exactly is doing and by what date? How will one stage of the solution pass into another? How ready are the means of concluding a treaty? Who prepares the draft contract and the schedule for the arrival of groups? How will the issues be discussed? additional services?
Include them in the contract

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- immediately or not? Conditions are included in the text of the contract, and in the process of negotiations, they are either excluded or supplemented.
3. "Portrait" of your negotiating partner
How different is your partner's goal from yours? On what parameters
(terms, level of service, range of services) will the partner's strategy be based on? Etc.
Using these recommendations, before starting negotiations, it is useful to draw up a plan for their conduct. This will help identify weak sides your position and find additional solutions. A negotiation plan will give you the opportunity to anticipate unexpected behaviors of a partner and help you prepare in advance for alternative proposals and solutions.
In any negotiations, not only a strategic approach is important, but also a psychological attitude. You have already prepared for negotiations, the result of which should be a contract for servicing tourists concluded with a service provider. strategic plan ready. Are you mentally ready? Often negotiations failed only because of the wrong tone. To avoid this, experts have tried to develop psychological rules communication and negotiation.
Nine Rules for a Psychological Approach to Management
negotiations:
1. Attitudes (installations).
Identify your negotiator's attitudes (interests, values, goals) and use them in your counterarguments, embedding them into the logic and fabric of his reasoning.
For example, skillfully remind your partner what benefits your cooperation with him will bring (full occupancy of the room stock, more full use bus depot, etc.).
2. You are the approach.
In any clash of opinions and conflicts, first find out the intentions, expectations and fears of your

Especially for the library 1bitt.ru version of Word partner. State your interests and doubts to him, and then, together with him, look for solutions that are most satisfying to both parties.
Provide him with your guarantees of the transaction, for example, a guarantee of filling the entire hotel room fund when organizing a congress, regardless of the number of participants who have arrived.
3. Tolerance
(tolerance for the assessment of the actions of another). Do not express an assessment of the actions of another, but express only your feelings about these actions (for example, “Your words offend me,” etc.).
4. Openness of mind.
A different position, a different look is always a new facet, a new aspect, hidden from you. It is better not to refute someone else's position, even if it is erroneous, but to accept it as a new approach. Only by identifying all possible alternatives, you need to choose the best
53 of them But this requires, together with a negotiating partner, to agree on common criteria for evaluating alternatives. They can be common interests that can be found under any circumstances.
5 Reference.
Remember that people behave according to what others expect of them. In psychology this is called
"Pygmalion effect". You need to be important
(referential) for the partner to have some influence on his decisions. Reference is the commodity that we receive in exchange for our respect, demonstration of faith, trust and conformity to the image
"pleasant person".
6. Internality
(taking responsibility).
In explaining the reasons for any failures, do not blame everything on external circumstances and on other people. Take personal responsibility for what happens.
The ability to accept the blame, to apologize is a property of a mature personality. Moreover, this approach

Especially for the 1bitt.ru library, the version of Word disarms and forces the partner to take the blame out of solidarity, because he is no less noble
7. Friendly position, or position of an adult.
Remember that you will most likely achieve your goal without leaving the position “on an equal footing”. This is manifested in a calm, confident posture, gestures, tone of voice, facial expression. Negotiations must be respectful, confident, engaging and moderate - all of these qualities will lead to success in the negotiations.
8. Ethics.
Do not humiliate the dignity of a person. Play fair, don't cheat. Avoid anything unethical.
Try to see yourself from the outside. This will help to correct the behavior and evaluate it from the standpoint of aesthetics and ethics.
9 Creative solution.
Avoid stamps, templates, look for non-standard solutions. Be original. You can use pre-designed blanks of an unconventional approach in typical situations and questions.
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Any contract is a legal fact and a document, therefore it always entails legal consequences. Therefore, it is important to prepare for the conclusion of the contract in such a way as to take into account all possible options for relationships, as well as force majeure circumstances, the conditions of material and financial liability, the validity period and the possibility of premature cancellation or prolongation of the contract. All this must be recorded in the form of a written document (agreement, contract), certified by the signatures of the heads of the contracting firms and the seals of these firms. It is necessary to prepare schedules for the arrival of groups (for hotels), allocation of transport (for motor transport enterprise), etc., indicating the dates, dates and number of tourists, as well as calculations or tariffs for the cost of services provided by levels and categories.

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test questions
1. How should one prepare for a negotiation campaign?
2. Name nine rules of psychological approach to negotiation.
3. What is a contract and how is it executed?
4. Name the necessary annexes to the tour operator's agreement with service providers.
Practical tasks
1. Take one of the service providers (hotel, transport company) from the ones you developed when performing the previous practical tasks tours and make a plan for negotiating with him.
Analyze the circumstances of the negotiations, ways to implement possible solutions, the "portrait" of your business partner, using the recommendations given in this chapter.
2. Predict the possible arguments of the negotiating partner and, using the rules of the psychological approach, prepare counter-arguments that can convince him to accept your proposals.
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1.10. Conclusion of contracts with suppliers
services. Agreement between tour operators.
After the destinations, the number of people in the groups and the dates of their arrivals are set, in the process of negotiations with hotels, airlines and other service providers, the stage of signing agreements and contracts begins.
The contract (agreement) is necessary to regulate the obligations and responsibilities of the parties, in particular in situations where there are unsold places in hotels, seats on an airplane, or in cases where charter flights are canceled in order to

Especially for the 1bitt.ru library, the version of Word provides for a system of sanctions and fines for each specific case.
Properly organized contractual work of the tour operator helps him not to become dependent on the activities of various service providers. Major tour operators usually sign long-term contracts with hotels for a certain number of rooms or to ensure that the hotel is fully occupied, which gives them low prices, but represents a certain risk for the hotel owner (he can lose money during a period of high inflation). There is also a risk for the tour operator (he will lose money if not all tours are sold).
Small or specialized tour operators selling special, self-guided, inclusive tours may have free-sale agreements with hotels
(or sale-report) in which the hotels agree to guarantee accommodation for the maximum number of tourists. Such agreements can be quite suitable for small tourist programs, but they have a significant drawback, as sometimes hotel owners retain the right to close a certain date.
Contractual and contractual relations in tourism are regulated by the norms of international and national civil law.

Before deciding to organize tours to a new destination, a travel company conducts market research. It is necessary to identify the needs, priorities of consumers, demand trends.

This will help to form a tour package in such a way as to more fully satisfy all the needs of the buyer (tourist). These studies also help guide the planning of tours and contract campaigns with service providers.

Preparatory work begins two years or more before the first departure of tourists on a new route, under a new program or to a new country. Table 4.2 presents a typical timeline for a new summer tour operating program of an initiative tour operator.

Typical timeline for a new summer tour operating program by an initiative tour operator

Kinds

activities

years Timing Specific types of work
1 2 3 4
Research work - planning 1st year (2 years before the introduction of the tour) June-August September-December Marketing research. Study of economic factors influencing the future development of package tours. Establishing a likely choice of reception locations
Planning - negotiations 2nd year January February March April May The second stage of marketing: comprehensive comparisons of alternative destinations, their selection. Deciding on the destination, hotels, their capacity, tour duration, start of the season, departure dates. Deciding on the size and design of brochures, booklets, their circulation, the term of their readiness. Announcement of a competition for the design of brochures and booklets. Negotiations with airlines about charter flights. Negotiations with hotels, transfer services, tour operators
Work on the preparation of staff and booklets June Registration of contracts with hotels, airlines, transfer services, excursions, etc.

Preparation and printing of an advance copy of the brochure/booklet. Work with catalog illustrations (manufacturing or borrowing).

Early developments of the text.

Work in the design studio and design proposals

1 2 3 4
July - August September - October Booklet/catalogue production. Estimated sales price of the tour depending on inflation and exchange rate.

Reservation staff training.

Calculation of the final price of the tour (for printing). Booklet/catalog printed.

Booking systems created

Promotion 3rd year January March

February - April April - May

Market distribution of printed brochures.

Initial sales promotion. First public advertisement of the tour in media mass media(through the press, etc.). Peak advertising and sales. Recruitment and training of resort representatives. First shipment on a new tour

Note: comp. on .

Typical timeline of an active tour receptive tour operating program

Table 4.3


1 2 3 4
contract company. Updates and reissues of booklets and catalogs 2nd year January February Execution of contracts with hotels, transfer service and intra-route transport, tour agencies, etc.
February March Booklet/catalogue printing. Booklet/catalog printed. Service systems formed
Promotion March, April Distribution of booklets/catalogs to distribution partners.

Preparation and appointment of guides, instructors, animators, etc.

April May Beginning of the season and tourist services

Note: comp. on

Relationships with partners - service providers are formalized in a contractual form (by concluding contracts). Each year of work (or other working period) is preceded by a contract campaign, during which contracts are concluded. Before a contracting campaign, a contractual plan is usually drawn up, which includes the following sections:

Name of the partner;

The main subject of the contract;

Contract time;

Terms of the conclusion of the contract;

Special information.

This plan allows you to draw up an algorithm for the actions of employees of a travel company to provide services on the tour. The composition of the contractual plan depends on the type of tour and the proposed services. With several types of tours, separate subplans are initially drawn up for each type of tour, and then a consolidated plan, where partners are grouped according to the terms of the conclusion of contracts or according to a geographical principle. Before drawing up a contractual plan, it is necessary to have a clear idea of ​​​​the prospective partners, as well as be ready to conclude contracts at the negotiation stage.

With the prospective study of a contractual campaign, travel companies widely use various reference and information collections of a tourist and hotel orientation. Guides of travel agencies, hotel and restaurant business, published by international tourism organizations, include information on the possibilities of organizing leisure and travel, accommodation and hotel services, indicating the main types of services provided to tourists. National, local and corporate directories are also published regularly. Guidebooks, itineraries, points of interest, calendars of local events - everything that is used in the organization of tours and service programs is the literature that tour operators use when developing new routes and drawing up a contractual plan.

After identifying providers based on:

■ purposes of the planned tour;

■ the needs of the focus group members;

■ the level of competition in the market;

■ experience and market opportunities of the tour operator;

■ contractual base and personal connections of the tour operator's employees;

■ financial capabilities of the operator;

The tour operator decides on possible schemes for mutual cooperation in organizing the tour with the suppliers identified by him. Examples of such schemes can be:

Travel Service Provider Possible schemes of mutual work of the supplier of tour services and the tour operator
Airline 1. Sale of tickets for regular flights. 2. Organization of a charter flight. 3. Organization of charter programs. 4. Sole or Equity Participation in Charter Programs
Hotels 1. Hotel rental. 2. Purchase of a block of seats on the terms of a commitment. 3. Purchase of a block of seats on the terms of the elotment. 4. Irrevocable booking. 5. Priority booking. 6. Work on the terms of an increased commission. 7. Work on the terms of the standard commission for one-time applications.
Railways 1. Trade in railway tickets. 2. Formation of tourist trains. 3. Formation of trailer cars
Shipowners Charter of a water vessel (sole or shared)
Automobile enterprises 1. Bus rental (sole or shared)
Tour offices 1. Organization of individual (group) excursions. 2. Organization of excursions on your own transport or transport of the tour desk

Any schemes of cooperation with service providers chosen by the tour operator as the most suitable for organizing the planned tour must be documented well in advance of the season, since the joint work of the operator and the tour service provider is a special legal event, leading to the emergence of new rights and obligations for both parties. .

Documentation is most often carried out in the signing of agreements (contracts) on the joint work of the tour operator and a certain provider of tour services.

The essential elements of these agreements are:

■ full name, form of ownership, legal and actual addresses, bank details and contact numbers of the parties;

■ place and time of conclusion of the cooperation agreement (the place of conclusion can be both the hometowns of the operator and the supplier of tour services, and neutral territory, for example, the venue of a tourist exhibition);

■ the subject of the contract (which briefly gives the concept of the goals for which the contract was concluded, for example, “Based on the mutual desire for cooperation, the parties agreed on the following: the OPERATOR recruits and sends groups and individual tourists to Italy, the FIRM organizes their stay in Italy »);



■ terms of the contract - detailed description schemes for further cooperation (forms of work - facsimile, electronic; document flow - form of applications, confirmation of applications and vouchers; payment forms; deadlines for filing applications and their confirmation, forms for reconciliation of work performed);

■ rights and obligations of the parties;

total cost the contract, the procedure and terms for the final settlement (for example, when purchasing blocks of seats, ordering a charter or chartering a vessel);

■ liability of the parties (usually expressed as a percentage of the contract value);

■ identification of contact and responsible persons;

■ force majeure circumstances;

■ duration of the contract and terms of its extension;

■ stamps and signatures of the parties.

Contracts between the tour operator and tour service providers are signed in two (or more) copies, having the same legal force. With a foreign supplier of tourist services, the contract is concluded in two languages ​​(parallel translation may be used in the text of the contract).

It should be noted that the tour operator is obliged to have contracts with suppliers of absolutely all services involved in the tour package. Otherwise, the certification of the quality of this tour by the relevant state authorities may be refused.

Tour planning. contract plan

Before deciding to organize tours to a new destination, a travel company conducts market research. It is necessary to identify the needs, priorities of consumers, demand trends. This will help to form a tour package in such a way as to more fully satisfy all the needs of the buyer (tourist). These studies also help guide the planning of tours and contract campaigns with service providers.

Preparatory work begins two years or more before the first departure of tourists on a new route, under a new program or to a new country.

Relationships with partners - service providers are formalized in a contractual form (by concluding contracts). Each year of work (or other working period) is preceded by a contract campaign, during which contracts are concluded. Before a contracting campaign, a contractual plan is usually drawn up, which includes the following sections:

* name of the partner;

* the main subject of the contract;

* contract time;

* terms of the conclusion of contracts;

* special information.

This plan allows you to draw up a real picture - a diagram of the actions of the employees of the travel company to provide services on the tour. The composition of the contractual plan depends on the type of tour and the proposed services. With several types of tours, separate subplans are initially drawn up for each type of tour, and then a consolidated plan, where partners are grouped according to the terms of the conclusion of contracts or according to a geographical principle. Before drawing up a contractual plan, it is necessary to have a clear idea of ​​​​the prospective partners, as well as be ready and conclude contracts at the negotiation stage.

With the prospective study of a contractual campaign, travel companies widely use various reference and information collections of a tourist and hotel orientation. Guides of travel agencies, hotel and restaurant business, published by international tourism organizations, include information on the possibilities of organizing leisure and travel, accommodation and hotel services, indicating the main types of services provided to tourists. National, local and corporate directories are also published regularly. Guidebooks, guides to routes, points of interest, calendars of local events, i.e. everything that is used in organizing tours and service programs, is the literature that tour operators use when developing new routes and drawing up a contractual plan.

The specifics of concluding contracts with service providers

After the destinations, the number of people in the groups and the dates of their arrivals are set, in the process of negotiations with hotels, airlines and other service providers, the stage of signing agreements and contracts begins.

A contract (agreement) is necessary to regulate the obligations and responsibilities of the parties, in particular in situations where there are unsold places in hotels, seats on an airplane, or in cases where charter flights are canceled, in order to provide for a system of sanctions and fines for each specific case.

Contractual and contractual relations in tourism are regulated by the norms of international and national civil law.

On the international level such relations are regulated by the following main documents:

* International Convention on Travel Contracts adopted on October 22, 1970 by the General Assembly of the World Federation of Travel Agents Associations (FUAAV);

* Regulations on tourist contracts and exchanges adopted at the Vienna meeting of the member states of the Security Council of the Council of Europe (CSCE) in 1992;

* Agreement on the unification of the basic rules for international air transport (Warsaw Convention), adopted on October 12, 1929, as amended and supplemented in 1955 and 1975;

* Geneva Convention according to the international road transport passengers and baggage, accepted in Brussels in 1967

* Resolution of the Inter-Parliamentary Assembly of the CIS Member States "On the basic principles of cooperation between the CIS Member States in the field of tourism" dated October 1996, etc.

At the national level contractual relationship in the field of tourism are regulated by the following legal acts:

* Civil Code Russian Federation(parts 1 and 2 dated "10.10.94 and dated 12.22.95, respectively);

* federal law dated November 24, 1996 "On the basics of tourism activities in the Russian Federation";

* Code of Labor Laws of the Russian Federation dated September 15, 1992 No. 3543-1, with additions and amendments as of March 17, 1997;

* Decree of the Ministry of Labor of the Russian Federation dated July 14, 1993 No. 135 “On approval of recommendations for the conclusion employment contract(contract) in writing and Model form of employment contract (contract).

In the practice of trade in tourist services, tour operators are divided into directing (or initiative, organizing foreign tours) and receiving (or receptive). An enterprising tour operator does not always go directly to service providers. He concludes an agreement with the host tour operator, which provides him with a full range of services at the reception.

Let us consider the features of concluding agreements between a receptive tour operator and service providers and an agreement between receptive and initiative tour operators.

Contracts with receptive service providerstour operator

Contracts with service providers are drawn up on the basis of standard contract with the inclusion of issues related to the service of tourists and the relationship of partners (supplier usnu g and tour operator).

All relationships with partners - service providers for servicing tourists on the tour route are formalized by the conclusion of written agreements (contracts). They can have a standard form of a contract of sale, or a commission contract, or an exchange contract (in case of a non-currency exchange of tourist groups).

The main provisions of contracts with service providers are similar to the provisions of a standard contract: the subject of the contract, the main conditions, the rights and obligations of the service provider, the rights and obligations of the tour operator, the liability of the parties, force majeure, legal addresses and details of partners.

The contract is considered concluded when the parties have reached an agreement in the proper form on all its essential terms. The conditions on the subject of the contract, which are recognized as essential by law or necessary for contracts of this type, as well as those conditions regarding which, at the request of one of the parties, an agreement must be reached, are recognized as essential. Thus, the parties have the right to establish the terms of the contract at their discretion, since each case has its own specifics, depending on the features of the provision of services to tourists and the relationship of the contracting parties. The only exceptions are those cases where the content of the relevant condition is prescribed (or prohibited) by law.

1.Contract with hotel business

In international practice, agreements and documents regulating the relationship of hotel enterprises with travel agents and tour operators are known and widely used. One of them is the Hotel Convention of 1970, developed under the auspices of the International Hotel Association and the World Federation of Travel Agencies Associations. The Convention defines the obligations of the contracting parties, its scope, types of hotel contracts, general and special rules for their preparation, the amount of commissions and payment procedures, as well as the conditions for canceling contracts. In 1979, a number of amendments were made to the Hotel Convention and it was called the "International Hotel Convention", which since 1993 has become a code of relations between hotels and travel agencies (tour operators) and is used when including hotel contracts.

The Code obliges the hotel company to give exact information by category and location of the hotel, as well as by the quality of services provided. It determines that the travel agent does not have the right to set prices for its customers in excess of those established under the commission agreement. This also applies to the tour operator working with the hotel on the same terms. At the same time, neither the travel agent, nor the tour operator, nor the hotel should disclose the price that is stipulated in the contract.

The documents regulating the relationship of the tourism business with hotel enterprises are: the International Hotel Rules approved by the Council of the International Hotel Association (November 2, 1981), and the Interregional Harmonization of Hotel Classification Criteria Based on Classification Standards, approved by the WTO regional commissions in 1989.

Although these documents are advisory in nature and are not mandatory, they contain many provisions that are firmly established in the international practice of relations between the hotel business and the agency and operator business in tourism.

When organizing tours on the territory of Russia and in mutual relations with Russian hotel enterprises, one should also be guided by the Rules for providing hotel services in the Russian Federation, approved by Decree of the Government of the Russian Federation of April 25, 1997 No. 490.

Relations with hotel enterprises are determined mainly by the following agreements:

*Agreement on a quota of places with a guarantee of filling. 10-80%. Under such an agreement, the travel company receives from the hotel a certain number of places that it is obliged to fill with tourists during the period specified in the contract. At the same time, it guarantees payment of 30-80% of the allocated quota of seats, even if they are not used. The firm has the right to cancel the rest of the quota within the established time limits. Under this agreement, the company receives prices for hotel rooms that are lower than normal rates.

*Agreement on a quota of seats without a guarantee of filling. Under this agreement, the company does not assume any guarantee that the quota of places allocated to it will be filled. Therefore, the usual rule for the cancellation of seats not used within the established time period applies. The company pays the hotel at the usual rates.

* Agreement on the firm purchase of seats with full payment. Under such an agreement, the company guarantees the hotel full payment for the allocated quota of places, regardless of whether they are filled. Under such conditions, the company negotiates lower prices for hotel accommodation than usual * Current Booking Agreement. This is the most typical contract for travel companies, especially those involved in the organization of individual tourism. Under the contract, the company does not receive any quota of places from the hotel. When a client applies, she sends a booking request to the hotel and only after receiving confirmation from her does the sale of hotel services. Under such an agreement, the usual rates for hotel beds apply. In addition, it is important to pay attention to guarantees, which our partner is a service provider (for example, does the hotel guarantee the promised accommodation). In relations with service providers, it is necessary to provide (fix in the contract) the condition on the impossibility of a reverse price increase(prices can be increased only for unsold services) and work out a mechanism for fulfilling this condition. 2.Contract withcatering company

Such an agreement is concluded with a separate catering company, if the catering is organized outside the tourist accommodation facility and is not included in the contract with the hotel company. This can take place on route, thematic tours (meals on the way), etc. 3. Agreement with a motor transport company

4. Agreement with the airline (three types - dog-r for a quota of seats on regular flights (hard and soft); - agency agreement with the airline; - charter (aircraft rental, booking for small firms according to the scheme - hard, soft and combined. blocks 5. Doctors with museums, excursion company, railway, etc.

After identifying providers based on:

■ purposes of the planned tour;

■ the needs of the focus group members;

■ the level of competition in the market;

■ experience and market opportunities of the tour operator;

■ contractual base and personal connections of the tour operator's employees;

■ financial capabilities of the operator;

The tour operator decides on possible schemes for mutual cooperation in organizing the tour with the suppliers identified by him. Examples of such schemes can be:

Travel Service Provider Possible schemes of mutual work of the supplier of tour services and the tour operator
Airline 1. Sale of tickets for regular flights. 2. Organization of a charter flight. 3. Organization of charter programs. 4. Sole or Equity Participation in Charter Programs
Hotels 1. Hotel rental. 2. Purchase of a block of seats on the terms of a commitment. 3. Purchase of a block of seats on the terms of the elotment. 4. Irrevocable booking. 5. Priority booking. 6. Work on the terms of an increased commission. 7. Work on the terms of the standard commission for one-time applications.
Railways 1. Trade in railway tickets. 2. Formation of tourist trains. 3. Formation of trailer cars
Shipowners Charter of a water vessel (sole or shared)
Automobile enterprises 1. Bus rental (sole or shared)
Tour offices 1. Organization of individual (group) excursions. 2. Organization of excursions on your own transport or transport of the tour desk

Any schemes of cooperation with service providers chosen by the tour operator as the most suitable for organizing the planned tour must be documented well in advance of the season, since the joint work of the operator and the tour service provider is a special legal event, leading to the emergence of new rights and obligations for both parties. .

Documentation is most often carried out in the signing of agreements (contracts) on the joint work of the tour operator and a certain provider of tour services.

The essential elements of these agreements are:

■ full name, form of ownership, legal and actual addresses, bank details and contact numbers of the parties;

■ place and time of conclusion of the cooperation agreement (the place of conclusion can be both the hometowns of the operator and the supplier of tour services, and neutral territory, for example, the venue of a tourist exhibition);

■ the subject of the contract (which briefly gives the concept of the goals for which the contract was concluded, for example, “Based on the mutual desire for cooperation, the parties agreed on the following: the OPERATOR recruits and sends groups and individual tourists to Italy, the FIRM organizes their stay in Italy »);

■ terms of the contract - a detailed description of the schemes for further cooperation (forms of work - facsimile, electronic; document flow - application form, application confirmation and voucher; payment forms; deadlines for submitting applications and their confirmation, forms for verifying work performed);

■ rights and obligations of the parties;

■ the total cost of the contract, the procedure and terms of the final settlement (for example, when purchasing blocks of seats, ordering a charter or chartering a vessel);

■ liability of the parties (usually expressed as a percentage of the contract value);

■ identification of contact and responsible persons;

■ force majeure circumstances;

■ duration of the contract and terms of its extension;

■ stamps and signatures of the parties.

Contracts between the tour operator and tour service providers are signed in two (or more) copies, having the same legal force. With a foreign supplier of tourist services, the contract is concluded in two languages ​​(parallel translation may be used in the text of the contract).

It should be noted that the tour operator is obliged to have contracts with suppliers of absolutely all services involved in the tour package. Otherwise, the certification of the quality of this tour by the relevant state authorities may be refused.