Regulations Regarding the Rights and Duties of Tourism Operators, Tourism Agents and Clients, the Procedures for the Preparation and Implementation of a Package Tourism Service, the Information to be Provided to a Client and the Procedures for Deposition of Security Guarantee of Money

Issued pursuant to
Section 11, Paragraph five and Section 16,
Paragraph four of the Tourism Law

I. General Provision

1. This Regulation prescribes the procedures for the registration of tourism agents and tourism operators in the database of tourism agents and tourism operators, the procedures for the preparation and implementation of package tourism services (hereinafter - service) and the provision of information to a client, as well as the rights and duties of a tourism operator, a tourism agent and a client and the procedures for the deposition of security guarantee of money.

II. Database of Tourism Agents and Tourism Operators

2. Tourism agents and tourism operators shall be registered in the database of tourism agents and tourism operators (hereinafter - database). The database is a State information system supervised by the Ministry of Economics, which is developed and maintained and registration ensured by the Ministry of Economics (hereinafter - registrar).

3. The registrar shall:

3.1. register tourism agents and tourism operators; and

3.2. accumulate and update information regarding the tourism agents and tourism operators that are on the market, as well as regarding ensuring the security guarantee of money deposited by clients of tourism operators.

4. A tourism agent and a tourism operator shall, within a week after commencing commercial activity, submit an application (Annex) to the registrar in printed form or electronically.

5. The submitter of information shall be responsible for the completeness and veracity of the information submitted to the registrar.

6. The registrar shall, within 10 days after receipt of an application, ensure registration of a tourism agent or a tourism operator in the database, assigning a registration number.

7. A tourism operator shall, within 10 working days after registration in the database, on the basis of an application, submit information to the registrar regarding the security guarantee of money deposited by clients, indicating the issuer of the guarantee, the term of validity and the insured sum. The registrar shall ensure updating of the information within three working days after receipt thereof.

8. A tourism agent or a tourism operator shall, within 10 days after occurrence of the relevant changes, on the basis of an application, inform the registrar regarding any changes to be included in the database. In such cases the registrar shall ensure updating of the included information within five working days after receipt of the notification.

9. The registrar is entitled to update information included in the database on the basis of publicly available information received from other State information systems and shall, within three working days, also inform the particular tourism agent or tourist operator thereof in writing.

10. The following information shall be included in the database:

10.1. the firm name of the merchant or the firm name of the branch of the merchant, if it differs from the firm name of the merchant, trademark, registration number of the merchant, legal address, contact information, year of foundation, information regarding the sales points of the service; and

10.2. the issuer of the security guarantee of money deposited by the client, the date of issuance and term of validity, the sum of the guarantee.

III. Informing of a Client Regarding a Service

11. If a programme of services is being provided to a client, the following information shall be indicated therein in writing:

11.1. the final destination of the travel and duration of the visit;

11.2. the services to be provided;

11.3. the characteristics of the type, category and level of comfort of the means of transport (vehicles);

11.4. the classification of the tourist accommodation in the relevant country, the location (region, city) and the characteristics of the level of comfort;

11.5. the planned meals, which are included in the service price;

11.6. the travel itinerary;

11.7. the price of the service and the procedures for payment;

11.8. the documents necessary for travel (passport, visa) and other requirements related to the entry into the relevant country and exit therefrom;

11.9. health formalities related to the travel and the stay in the relevant country;

11.10. the time period until which the merchant shall inform the client regarding the cancellation of the travel where a certain number of participants in the travel is required and such is not sufficient; and

11.11. other information regarding the service.

12. The programme of services shall be binding on a tourism operator and a tourism agent, except the cases, if:

12.1. the client has been notified in writing regarding changes in the programme of services prior to entering into the contract, and such changes are included in the programme unequivocally; and

12.2. changes in the programme of services are made in accordance with a written agreement between the parties to the contract.

13. A tourism operator or a tourism agent prior to entering into a contract shall provide the following information in writing or in any other way acceptable to a client (for example, by using e-mail):

13.1.the passport and visa requirements in the countries to which the provision of the service is related to, and the time period for the receipt of the visas;

13.2. health formalities related to the journey and the stay in the relevant country;

13.3. the expenditure that arises if the client withdraws the service.

14. A tourism operator or a tourism agent prior to the provision of the service shall provide the following information in writing or in any other way acceptable to the client (for example, by using e-mail):

14.1. the time and place of intermediate stops and transport connections, the means of transport means by which movement will be performed, and, where possible, the place that will be occupied by the client and the type thereof in the relevant means of transport;

14.2. the name and telephone number of the representative of the tourism operator or the tourism agent (if such exists) in the relevant country, to which the client may turn for assistance in an emergency;

14.3. the telephone number with which in case of an emergency it shall be possible to contact the tourism operator and the tourism agent (if such exists) 24 hours a day, if there is no representative of the tourism operator and the tourism agent in the relevant country;

14.4. possibilities of contacting the minor or the parents (guardian) of the minor, or his or her authorised person, if the client is a minor;

14.5. possibilities of acquiring an insurance policy, in order to cover the expenditure related to medical services (also repatriation in the event of an accident or illness), as well as the procedures for using the policy;

14.6. information regarding possible risks that may endanger the health of the tourist;

14.7. other requirements (also the most important norms of public order) that should be observed when travelling in the relevant country and staying therein; and

14.8. information regarding the security guarantee of money deposited by a client in relation to repayment of the money deposited and delivery of the client to the country where the journey began (if another country has not been indicated in the contract), if prior to the declaration of the insolvency proceedings the tourism operator cannot completely or partially fulfil the contractual obligations to the client or the fulfilment of the programme of services indicated in the contract is not possible due to the insolvency of the tourism operator.

IV. Contract

15. A tourism operator and a client shall enter into a contract regarding a service.

16. A contract shall specify:

16.1. the name, address and registration number in the database of the tourism operator;

16.2. the name, address and registration number in the database of the tourism agent (if such exists);

16.3. the name, address and contract number of the insurer or guarantor of the money deposited by the client, as well as the person to be contacted while travelling, if prior to the declaration of the insolvency proceedings the tourism operator cannot completely or partially fulfil the contractual obligations to the client or the fulfilment of the programme of services indicated in the contract is not possible due to the insolvency of the tourism operator;

16.4. the final destinations of the travel;

16.5. the time for the provision of the service, as well as specific dates of the places of stay according to the itinerary;

16.6. the time period until which the tourism operator or the tourism agent shall inform the client regarding the cancellation of the travel where a certain number of participants in the travel is required and such is not sufficient;

16.7. the travel itinerary, as well as the time and point of departure and return;

16.8. the type and the level of comfort of the means of transport (vehicles);

16.9. the classification of the tourist accommodation in the relevant country, the location (region, city) and the characteristics of the level of comfort;

16.10. excursions and other activities included in the price of the service;

16.11. the price of the service (possible changes shall be indicated), as well as information regarding taxes, fees and other payments that are not included in the price of the service;

16.12. provisions for payment for the service;

16.13. the date until which cancellation of the service is possible, and the percentage retention from the paid sum;

16.14. the type of insurance chosen by the client;

16.5. the special requirements of the client which he or she has communicated to the tourism operator (with or without a tourism agent as an intermediary) when making the booking, and which both parties to the contract have accepted;

16.16. the time period specified in the regulatory enactments regarding consumer protection during which the client is entitled to submit a claim regarding provision of a service not conforming to the contractual provisions, as well as the addressee to which the claim is to be submitted; and

16.17. the procedures for entering into effect of the contract.

17. An integral part of a contract shall be information regarding the procedures for repayment of the money deposited by a client, as well as delivering of the client to the country where the journey began (if another country has not been indicated in the contract), if prior to the declaration of the insolvency proceedings the tourism operator cannot completely or partially fulfil the contractual obligations to the client or the fulfilment of the programme of services indicated in the contract is not possible due to the insolvency of the tourism operator.

18. If a programme of services is being provided to a client, a description thereof shall be an integral part of the contract. A tourism operator is entitled not to specify repeatedly in the contract the information included in the programme of services.

19. A tourism operator is entitled to make a reservation and enter into a contract with a client at the last moment prior to the commencement of the provision of the service, if it can provide the client with information regarding all conditions of the contract prior to entering into the contract.

20. Prior to travel, a client may notify regarding the transfer of the service to another person up to the time period specified by the contract. The client and the person to whom the service has been transferred shall be jointly liable for payment of additional expenses related to the transfer.

21. A tourism operator is not entitled to revise the price specified in the contract, unless the contract provides for such right and states the procedures by which the difference in price is to be calculated. The price of a service may be revised in the case if there is a change in:

21.1. costs related to the utilisation of a means of transport (for example, the cost of fuel);

21.2. fees, taxes or similar payments chargeable for certain services (for example, airport charges, port charges and other taxes); and

21.3. the exchange rates specified for the relevant service.

22. The price specified in the contract shall not be increased later than 20 days prior to the beginning of the travel, except for the case referred to in Paragraph 30 of this Regulation.

V. Rights and Duties of a Tourism Operator

23. The separate billing of various components of the same service shall not release the tourism operator from the duties and liability specified in the contract and regulatory enactments in relation to the provision of package tourism services.

24. Tourism operators shall ensure a sufficient guarantee in relation to the money deposited by a client in relation to repayment thereof and delivering of the client to the country where the journey began (if another country has not been indicated in the contract), if prior to the declaration of the insolvency proceedings the tourism operator cannot completely or partially fulfil contract obligations to the client or the fulfilment of the programme of services indicated in the contract is not possible due to the insolvency of the tourism operator.

25. The security guarantee of money deposited by a client shall only be issued to such tourism operators which are registered in the database.

26. The security guarantee of money deposited by a client shall be ensured for a period of time which is not less than a year, and it shall be sufficient to fulfil the requirements referred to by Paragraph 24 of this Regulation, but shall not be less than LVL 20 000.

27. A tourism operator shall be liable for the provision of services in compliance with the contract, except for the cases where failure to perform or improper performance of the contract is not attributable to the tourism operator and the contract is not being fulfilled due to:

27.1. the fault of the client;

27.2. unforeseeable or unavoidable activity of a third party (unrelated to the provision of the services provided for in the contract);

27.3. exceptional (unusual, unforeseeable and uncontrollable) circumstances; or

27.4. such circumstances, which the tourism operator could not foresee or forestall, while exercising all due care.

28. A tourism operator and a tourism agent have a duty to provide the necessary assistance to a client in the cases referred to in Sub-paragraphs 27.2, 27.3 and 27.4 of this Regulation.

29. There may be no exclusion by means of a contractual clause from the provisions of Paragraph 28 of this Regulation.

30. If prior to the provision of a service a tourism operator is constrained to alter significantly any of the essential terms of the contract, it shall notify the client thereof without delay and enable him or her:

30.1. to acquaint with the additional provisions of the contract and to accept them;

30.2. to request a substitute service of equivalent or higher quality (where the tourism operator is able to provide it). The client and the tourism operator shall mutually agree regarding the procedures by which the customer shall pay (covering the difference in price) for a service of higher quality. If the service offered is of lower quality than it was intended, the tourism operator shall refund the relevant difference in price to the client; or

30.3 to withdraw from the contract unilaterally. In such a case the tourism operator shall refund all the sum of money paid by the client, as well as documentarily certified direct expenditures of the client that have occurred due to the arrival at the place of the commencement of the service.

31. A client shall immediately notify the tourism operator or the tourism agent of a decision taken regarding using any of the possibilities referred to in Paragraph 30 of this Regulation.

32. If in the course of the performance of the contract the tourism operator fails to provide any of the services referred to in the contract or will not be able to provide them, the duty of the tourism operator shall be to offer an appropriate alternative service to the customer, without requesting additional payment from the customer, and to compensate the difference in price to the customer, if the price of the alternative service provided is lower than the price of the substituted service.

33. If in the course of a contract the tourism operator does not provide a significant part of the services referred to in the contract or will be unable to provide it and is unable to offer the alternative services referred to in Paragraph 32 of this Regulation or they are not accepted by the client, the tourism operator, upon the agreement with the client, shall provide the client, at no extra cost, with equivalent transport back to the place of departure, or to another return-point to which the client has agreed, as well as shall compensate the client for the unused or partially used service.

34. If a client has complaints regarding a service:

34.1. the tourism operator or the representative thereof (if such exists in the relevant country) has a duty to eliminate the relevant deficiencies immediately;

34.2. the tourism operator or the representative thereof and the client shall draw up a document, in which the date, place, time and objections regarding the service, the number of the contract and the paragraph of the contract on the basis of which the objection is being raised, the given name and surname of the client, the name and registration number of the tourism operator or its representative shall be indicated. The document shall be certified by both parties with a signature; and

34.3. the client shall be entitled, in accordance with the procedures specified in the regulatory enactments regarding consumer rights protection, to submit a claim to the tourism operator regarding the non-compliance of the service with the terms of the contract.

35. If the client does not observe the service payment procedures specified in the contract, the tourism operator has the right to refuse to perform the contract, if such right has been provided for in the contract.

VI. Rights and Duties of a Client

36. If a tourism operator cancels a service before the specified date due to the reason independent of a client, the client has the right to choose one of the following choices:

36.1. to request the substitution of the service with an equivalent or higher quality service (if the tourism operator is able to offer such). The client and the tourism operator shall mutually agree regarding the procedures by which the customer shall pay, covering the difference in price, for a service of higher quality. If the service offered is of lower quality than it was intended, the tourism operator shall refund the relevant difference in price to the client; or

36.2. to be repaid all sum of money paid.

37. A client has the right to be compensated by the tourism operator for losses caused due to non-performance or improper performance of the contract, except for the following cases:

37.1. the service is being cancelled within the period of time indicated in the contract due to an insufficient number of participants; or

37.2. the service is being cancelled due to exceptional (unusual, unforeseeable and uncontrollable) circumstances or events, which could not have been foreseen or forestalled by the tourism operator, even if all due care had been exercised.

38. If on the day of departure the client does not arrive at the specified place of departure on time or in any other way does not use the services specified in the contract due to his or her fault, he or she does not have the right to request compensation for the non-used service.

39. A client has the following duties during travel:

39.1. to observe the requirements specified for a person in the regulatory enactments regarding the procedures for crossing borders;

39.2. to arrive at the time and place specified in the contract, as well as observe the provisions for the use of hotels, means of transport and other services;

39.3. to communicate any failure during the performance of the service, without delay in writing or in some other acceptable form to the tourism operator or the representative thereof;

39.4. to inform without delay the representative of the tourism operator specified in the contract, if the client intends not to join the group during the provision of the service; and

39.5. to ensure that while travelling the contract entered into regarding the provision of the service, which serves as evidence of commitments, is available.

VII. Closing Provisions

40. Cabinet Regulation No. 67 of 23 January 2007, Regulations regarding the Procedures for the Preparation and Implementation of a Package Tourism Service, Information to Be Provided to a Client, and the Rights and Duties of a Package Tourism Service and a Client (Latvijas Vēstnesis, 2007, No. 16; 2008, No. 95; 2009, No. 53) is repealed.

41. Until the day of coming into force of this Regulation the security guarantee of money deposited by a client shall be in force until the end of the term of validity.

42. Tourism agents and tourism operators, which have commenced commercial activities prior to the day of the coming into force of this Regulation, shall within three months after the coming into force of this Regulation register in the database.

This Regulation shall come into force on 14 June 2010.

Informative Reference to European Union Directive

This Regulation contains legal norms arising from Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours.

Prime Minister V. Dombrovskis

Minister for Economics A. Kampars

Annex
Cabinet Regulation No. 353
13 April 2010

Application for Registration in the Database of Tourism Agents and Tourism Operators

Date of application _____(day)________(month)_________(year)

I confirm that the information indicated in the application is complete and true.

Registered in the electronic data base ____(day)_____(month)______(year) _____________

Signature______________________

Notes.

1. * To be indicated, if the firm name of the branch differs from the firm name of the merchant.

2. The details of the document "signature" and "place for seal", and service remarks shall not be completed if the electronic document has been drawn up in conformity with the regulatory enactments regarding the drawing up of electronic documents.

Minister for Economics A. Kampars

Translation © 2010 Valsts valodas centrs (State Language Centre)