Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
7 October 1999 [shall come
into force on 3 November 1999];
24 January 2002 [shall come into force on 20 February
2002];
27 February 2003 [shall come into force on 21 March
2003];
16 February 2006 [shall come into force on 21 March
2006];
11 June 2009 [shall come into force on 14 July
2009];
12 June 2009 [shall come into force on 1 July
2009];
10 December 2009 [shall come into force on 13 January
2010];
14 June 2012 [shall come into force on 19 July
2012];
17 December 2015 [shall come into force on 1 February
2016];
22 November 2017 [shall come into force on 1 January
2018];
30 January 2020 [shall come into force on 25 February
2020];
8 October 2020 [shall come into force on 2 November
2020].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Tourism Law
Chapter I
General Provisions
Section 1. Terms Used in the Law
(1) The following terms are used in this Law:
1) active tourism - a type of tourism the main
objective of which is active recreation and physical activities
during the trip;
2) nature tourism - a type of tourism the objective of
which is to discover nature, view typical landscapes, biotopes,
observe plants and animals in natural conditions, as well as to
educate oneself regarding issues of nature conservation;
3) [7 October 1999];
4) [22 November 2017];
5) package - a combination of at least two different
tourism services within the same trip which conforms to one of
the following requirements:
a) it is combined by one service provider, including upon
request of the traveller or according to the choice made by the
traveller before a single contract for all services is entered
into;
b) regardless of whether separate contracts are entered into
with service providers, tourism services are: purchased at one
point of sale of tourism services and the traveller has chosen
these services before agreeing to pay; offered, sold, or one
inclusive or total price has been requested for them; advertised
or sold under the words "package" or a similar term; combined
after entering into such contract by which the service provider
grants the traveller the right to choose from the offer of
different types of tourism services; purchased from individual
service providers using linked online booking processes if the
service provider with which the first contract was entered into
sends information regarding the given name and surname, payment
details, and electronic mail address of the traveller to one or
more service providers and a contract with the last service
provider or service providers is entered into not later than 24
hours after confirmation of the booking of the first tourism
service;
6) [10 December 2009];
7) culture tourism - a type of tourism the main
objective of which is getting to know the cultural environment:
cultural heritage, traditions and lifestyle, as well as current
processes of culture and art;
8) resort - an administrative territory of a local
government or a part thereof to which the status of a resort has
been granted in accordance with the procedures laid down in laws
and regulations;
9) recreational tourism - a type of tourism the
objective of which is to renew a person's physical and mental
potential, making rational use of natural and artificial
recreation and recuperation resources;
10) sports tourism - competition in the best or fastest
performance of individual skills of active tourism, as well as
competition in set categories of difficulty in the completion of
tourism routes;
11) international tourism - tourism of aliens in the
territory of Latvia (export of tourism services) or the tourism
of residents of Latvia in foreign states (import of tourism
services);
12) tourism - a person's activities that are related to
travelling and residence outside one's place of permanent
residence for spending free time, completion of practical
transactions or for another objective for not longer than one
year;
13) tourist - a natural person who travels outside his
or her permanent place of residence for not longer than one year,
stays in a public or private accommodation for not less than one
night, and does not carry out paid work in the place visited;
14) travel agent - a person who is not a tour operator
but on behalf of or assigned by a tour operator offers for sale
or sells the packages combined by the tour operator;
15) [16 February 2006];
16) tourism infrastructure - the aggregate of services
of the tourism industry or other sectors related thereto
(transport, trade, communications, culture, health protection
etc.) which ensures the activity of the tourism industry;
17) tourist accommodation - part of a building a
building, group of buildings, or arranged place (territory) in
which a merchant or a performer of economic activity ensures
daily accommodation and servicing of tourists;
18) tourism industry - an economic sector the task of
which is the development and provision of tourism services;
19) tour operator - a person who combines and offers
for sale or sells to travellers packages directly or with the
intermediation of another service provider, or together with
another service provider, as well as a service provider who sends
the data of the traveller to another service provider in
accordance with Sub-clause "b" of Clause 5;
20) tourism service - a purposeful activity for the
satisfaction of the interests and needs of tourists which
are:
a) the carriage of passengers;
b) accommodation which is not intrinsically part of the
carriage of passengers and which is not intended for provision of
a permanent place of residence;
c) rental of motor vehicles;
d) any other tourism service which is not an intrinsic part of
the service referred to in Sub-clause "a", "b", or "c" of this
Clause;
21) tourism resources - an aggregate of natural or
man-made factors and stages that attract the emotional,
spiritual, physical and recuperative interests of tourists;
22) domestic tourism - the tourism of residents of
Latvia in Latvia;
23) rural tourism - a type of tourism the objective of
which is, on the basis of local social, cultural and nature
resources, to offer tourists the opportunity for recreation or
the use of the tourist accommodation in rural territory;
24) eco-tourism - sustainable, environmentally friendly
tourism the main objective of which is to facilitate the
ascertainment of nature and cultural values and environmental
protection, as well as to improve the environmental education and
awareness of the general public;
25) [10 December 2009];
26) natural curative resources - mineral waters,
thermal waters, surface waters, curative mud, clay, sand,
forests, parks, climate and other natural resources, which, based
on their properties proved by scientific research and practice,
are used for improvement of the general condition and well-being
of the body, as well as for prophylaxis, medical treatment and
rehabilitation;
27) health tourism - a type of tourism the objective of
which is improvement of the general condition and well-being of
the body, prophylaxis, diagnostics, medical treatment and
rehabilitation, using also natural curative resources;
28) medical treatment institution of a resort - a
medical treatment institution in which prophylaxis, medical
treatment and rehabilitation is performed, using natural curative
resources;
29) package travel contract - a contract regarding a
package as a whole or, if a package is offered according to
separate contracts, all contracts covering the tourism services
included in the package;
30) traveller - a natural person or a legal person who
wishes to enter into a contract regarding the provision of a
package travel or linked travel arrangement or who has the right
to travel on the basis of a contract regarding the provision of a
package travel or linked travel arrangement;
31) the point of sale of a tourism service - any retail
premises, whether movable or immovable, or website or similar
online sales facility, including retail websites or online sales
facilities which are offered to the traveller as a single
facility, including as a telephone service;
32) linked travel arrangement - at least two different
tourism services purchased within the framework of one trip which
do not constitute a package, and separate contracts regarding
them have been entered into with service providers, and the
service provider facilitates the traveller to choose separately
and pay separately for each tourism service in one visit to a
point of sale of tourism services or during one time of contact,
or purposefully facilitates the purchase of at least one
additional tourism service from another service provider, if a
contract with that service provider is entered into not later
than 24 hours after confirmation of the booking of the first
tourism service;
33) repatriation of a traveller - the return of a
traveller to the place of departure or to another place agreed
upon by the contracting parties.
(2) Within the meaning of this Law a combination of tourism
services which contains not more than one of the tourism services
referred to in Paragraph one, Clause 20, Sub-clause "a", "b", or
"c" of this Section and one or more of the tourism services
referred to in Sub-clause "d" is not considered to be a package,
if the tourism services referred to in Sub-clause "d" do not
represent a significant part of the value of the combination of
tourism services, and are not advertised or otherwise presented
as a significant feature of the combination of tourism services
or have been selected and purchased only after the start of the
provision of the tourism service referred to in Sub-clause "a",
"b", or "c".
(3) Within the meaning of this Law one of the purchased
tourism services referred to in Paragraph one, Clause 20,
Sub-clause "a", "b", or "c" of this Section and one or more of
the tourism services referred to in Sub-clause "d" purchased in
addition thereto is not considered to be a linked travel
arrangement, if the tourism services referred to in Sub-clause
"d" do not represent a significant part of the value of the
combination of tourism services, and are not advertised or
otherwise presented as a significant feature of the combination
of tourism services.
[7 October 1999; 24 January 2002; 16 February 2006; 10
December 2009; 14 June 2012; 22 November 2017; 8 October
2020]
Section 2. Purpose of this Law
The purpose of this Law is to create a legal basis for the
development of the tourism industry in Latvia, to specify the
procedures by which State administrative institutions, local
governments, and merchants operate in the area of tourism, and to
protect the interests of tourists.
[24 January 2002; 16 February 2006]
Section 3. Tasks of Tourism
Industry
The main tasks of the tourism industry are as follows:
1) to provide free and equal opportunities for tourism, to
increase its economic effectiveness, and to create new jobs, and
also to promote welfare of the population;
2) to support integration of Latvia into the international
tourism trade;
3) to support the development of domestic tourism and the
export of tourism services;
31) [8 October 2020];
4) by facilitating the development of sustainable tourism, to
promote the preservation, rational use and enhancement of the
social, economic, cultural environment, cultural and natural
heritage and qualitative landscape throughout Latvia;
5) to ensure and promote rational use of natural curative
resources for improvement of the general condition and well-being
of the body, prophylaxis, medical treatment and rehabilitation,
as well as to ensure the development of resorts conforming to the
environmental protection requirements and promoting the internal
consumption and export of resort services;
6) to increase the competitiveness of those merchants which
provide tourism services;
7) to promote the granting of reliefs for tourism services
directed towards ensuring the interests and needs of pensioners,
persons with disabilities, young persons and children;
8) to provide comprehensive and precise information regarding
tourism resources and tourism services in Latvia and foreign
countries;
9) to support the raising of the quality of tourism services
and the qualifications of those employed in the tourism
industry;
10) to ensure harmonised development of tourism according to
nature and cultural environment protection so that tourism does
not come into conflict with nature and cultural environment
protection.
[24 January 2002; 16 February 2006; 14 June 2012; 8 October
2020]
Chapter II
Tourism Policy
Section 4. Objective of Tourism
Policy
(1) The State shall form a tourism policy in order to ensure
the rational use and protection of tourism resources and to
specially promote the development of local and international
tourism.
(2) Tourism development policy planning documents shall be
developed for the establishment and implementation of tourism
policy.
[16 February 2006]
Section 5. State Means of
Implementing Tourism Policy
For the support of tourism development, the State, taking into
account social, economic, cultural and regional development
strategy, shall use:
1) a long-term, stable fiscal policy that is supportive of
tourism development;
2) State financial and credit policy;
3) local and foreign investments;
4) local and international tourism development programmes and
projects;
5) international agreements on co-operation in the field of
tourism;
6) a visa regime and border-crossing procedure that is
supportive of tourism development.
[27 February 2003]
Section 6. Government Competence in
Provision of Tourism Development
(1) The Ministry of Economics is the leading (highest)
institution in the tourism industry. Its functions shall be
determined by the Cabinet.
(2) The main tasks of the Ministry of Economics in the field
of tourism are as follows:
1) to develop tourism development State policy and to organise
and co-ordinate the implementation thereof;
2) to develop draft laws and regulations;
3) to represent the State's interests in the tourism
industry;
4) to plan State aid to the tourism industry;
5) [24 January 2002];
6) [16 February 2006];
7) to prepare and implement international agreements regarding
co-operation in the field of tourism, as well as to co-ordinate
the development of international projects;
8) to ensure the process of granting and cancellation of the
status of a resort.
(3) The State policy for tourism development shall be
implemented by the Investment and Development Agency of Latvia
under the authority of the Minister for Economics.
(4) [17 December 2015]
[7 October 1999; 24 January 2002; 27 February 2003; 16
February 2006; 14 June 2012; 17 December 2015; 8 October
2020]
Section 6.1 Resort and
Granting of the Status Thereof
(1) A resort is a territory which has been granted the status
of a resort in accordance with the procedures specified in this
Law and which conforms to all of the following conditions:
1) natural curative resources are available therein;
2) at least one medical treatment institution of a resort is
operating therein;
3) natural curative resources are used in order to ensure the
operation of the medical treatment institution of a resort
located in the relevant territory;
4) the environmental quality indicators conform to the
requirements specified in laws and regulations;
5) an appropriate tourism infrastructure has been established
therein;
6) the development thereof is planned purposefully.
(2) The status of a resort shall be granted to the relevant
territory and cancelled by the Cabinet.
(3) The Cabinet shall decide on granting of the status of a
resort to the relevant territory on the basis of an application
of the local government submitted in accordance with the
procedures stipulated by the Cabinet. Concurrently with the
application the local government shall submit:
1) a decision of the local government council according to
which it is requested to grant the status of a resort to the
relevant territory;
2) spatial development planning documents which confirm the
boundaries of the territory of the resort and development
prospects of the resort in the administrative territory of the
local government;
3) documents confirming the conformity of the relevant
territory with Paragraph one of this Section;
4) development planning documents of the resort which confirm
that the relevant local government has planned the development of
the resort in at least medium-term.
(4) The relevant territory shall acquire the status of a
resort from the day when the Cabinet has taken a decision to
grant the status of a resort to the territory.
(5) The relevant local government shall, not less than once in
two years according to the procedures stipulated by the Cabinet,
provide a report on the development of the resort provided for in
the spatial development planning documents and the environmental
quality indicators.
(6) The Cabinet shall decide on cancellation of the status of
a resort if at least one of the following conditions has set
in:
1) the local government council has taken a decision according
to which it is requested to cancel the status of a health report
for the relevant territory;
2) natural curative resources are not available in the
territory to which the status of a resort has been granted, or
they are not used in order to ensure the operation of medical
treatment institution of the resort located in the territory;
3) an appropriate tourism infrastructure has not been
established in the territory to which the status of a resort has
been granted;
4) the relevant local government does not submit the report
referred to in Paragraph five of this Section within the
specified time limit;
5) the relevant local government does not ensure the
development of the resort provided for in the spatial and resort
development planning documents;
6) the environmental quality indicators do not conform to the
requirements of laws and regulations.
(7) The procedures by which the status of a resort shall be
granted and cancelled for the territory, as well as information
to be included in an application for granting of the status of a
resort shall be determined by the Cabinet.
[14 June 2012; 8 October 2020]
Section 7. Competence of the
Investment and Development Agency of Latvia in the Field of
Tourism
In the field of tourism, the Investment and Development Agency
of Latvia shall:
1) ensure the implementation of Latvian tourism development
policy;
2) implement measures promoting tourism in Latvia and
abroad;
3) introduce State and private partnership tourism development
projects;
4) attract financial resources for tourism development;
5) create and maintain the Latvian tourism information
systems;
6) [17 December 2015];
7) participate in the implementation of intergovernmental
co-operation agreements in the field of tourism;
8) carry out research into the local and international tourism
market;
9) perform introduction of the quality management in the field
of tourism, the conformity assessment of Latvian tourism and
providers of services related thereto, as well as of
merchants.
[12 June 2009; 14 June 2012; 17 December 2015; 8 October
2020]
Section 8. Competence of Local
Governments in the Field of Tourism
In the field of tourism, local governments shall:
1) determine prospects of tourism, including resort,
development and territories of resorts, in the spatial
development planning documents;
2) in conformity with the spatial development planning
documents provide measures for tourism, including resort,
development, and also provision of comprehensive and precise
information in Latvia and foreign countries regarding tourism
opportunities, natural curative resources, and services of
resorts;
3) in conformity with the spatial development planning
documents, ensure the preservation and sustainable development of
tourism objects and opportunities to use them for tourism
purposes;
4) participate in the development and financing of tourism
information centres, points, and stands;
5) fosters cultural and educational activities in the field of
tourism and the promotion of a healthy and active lifestyle;
6) promotes and develops a productive environment for private
commercial activities.
[16 February 2006; 14 June 2012; 8 October 2020]
Section 8.1 Competence of
the Consumer Rights Protection Centre in the Field of Package
Travel and Linked Travel Arrangements
(1) The Consumer Rights Protection Centre shall perform the
following functions:
1) issue a special permit (licence) to a travel agent and tour
operator, as well as suspend and renew or revoke the operation of
the issued special permit (licence);
2) ensure creation and maintenance of a database of travel
agents, tour operators and tour service providers which
facilitate linked travel arrangements, and updating the data
entered therein, as well as the publication of information on the
website of the Consumer Rights Protection Centre;
3) perform the tasks intended for central contact points
specified in Article 18(2) of Directive (EU) 2015/2302 of the
European Parliament and of the Council of 25 November 2015 on
package travel and linked travel arrangements, amending
Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the
European Parliament and of the Council and repealing Council
Directive 90/314/EEC;
4) supervise the activities of the tour operator, travel agent
and tourism service provider which facilitate linked travel
arrangements and their conformity with laws and regulations that
regulate the field of package travel and linked travel
arrangements.
(2) The procedures by which the Consumer Rights Protection
Centre shall implement the functions specified in this Section,
the requirements for a travel agent and tour operator in order
for it to receive a special permit (licence), the cases in which
a special permit (licence) is suspended, renewed, or revoked, the
procedures by which a travel agent, a tour operator, and a
tourism service provider which facilitates linked travel
arrangements shall be registered and suspended in the database
shall be determined by the Cabinet.
[22 November 2017; 8 October 2020]
Section 9. Latvian Tourism Advisory
Council
(1) The Latvian Tourism Advisory Council is a consultative
body established by the Cabinet the purpose of which is to
promote the development, implementation and evaluation of a
harmonised tourism policy.
(2) The by-laws of the Latvian Tourism Advisory Council shall
be approved by the Cabinet.
[8 October 2020]
Section 10. Tourism Fund
[10 December 2009]
Part III
Tourism Services
[16 February 2006]
Section 11. Tourism Service
Providers and the Types of Activities Thereof
(1) [22 November 2017]
(2) The following types of tourism services and activities of
the following tourism service providers are governed by this
Law:
1) tour operator;
2) travel agent;
21 a tourism service provider which facilitates
linked tourism arrangements;
3) [10 December 2009];
4) tourist accommodation;
5) tourism information office, centre, point;
6) tourist guide.
(3) [7 October 1999]
(4) [16 February 2006]
(5) [22 November 2017]
(51) [22 November 2017]
(52) [22 November 2017]
(53) [22 November 2017]
(6) [10 December 2009]
(7) A merchant and a performer of economic activities shall
ensure that the foreigners accommodated in tourist accommodation
personally complete and sign a declaration form and prove their
identity, presenting a valid identification document. This
provision shall not apply to the spouse, minor children of the
abovementioned foreigner, and members of a tourist group. The
declaration form for foreigners who travel in tourist groups
shall be completed and signed by the tourist group leader. The
sample of the declaration form, the procedures and the time
periods for the completion, signing, and storage thereof, as well
as the procedures by which they shall be transferred to law
enforcement authorities shall be determined by the Cabinet.
[7 October 1999; 24 January 2002; 16 February 2006; 12 June
2009; 10 December 2009; 14 June 2012; 22 November 2017; 8 October
2020]
Section 12. Obligations and
Liability of a Tourism Company (Enterprise)
[7 October 1999]
Section 13. Mandatory Requirements
of Tourist Accommodation
[24 January 2002]
Section 14. Providers of Tourism
Information
(1) The division of providers of tourism information in Latvia
is as follows:
1) [17 December 2015];
2) tourism information centre - an association, State or local
government institution, an institution established by a local
government or several local governments which provides
information regarding tourism objects, services and assists in
the use of tourist services;
3) tourism information point - an association, local
government institution, an institution established by a local
government or several local governments which provides
information regarding tourism objects and services in the
relevant administrative territory and assists in the use of
tourist services;
4) tourism information stand - information equipment or stand
which contains information regarding tourism objects and
services.
(2) Conformity assessment and certification of tourism
information centres and tourism information points shall be
voluntary.
(3) Conformity assessment and certification of tourism
information centres and tourism information points in conformity
with Latvian national standards shall be performed by
certification institutions accredited in accordance with the
procedures laid down in laws and regulations.
[16 February 2006; 17 December 2015]
Section 15. Activity of Guides
[7 October 1999]
Section 15.1 Tourist
Guide as a Provider of Tourism Services
(1) A tourist guide is a professionally prepared person who
provides detailed information regarding tourism objects, as well
as conducts a trip of local or foreign tourists according to
previously developed routes.
(2) A relevant local government has the right to determine
those tourism objects, as well as sightseeing places included in
the tourism routes (historical centres, cultural and historical
objects, culture monuments, places of activity of famous persons,
etc.), within public outdoors of the administrative territory
thereof regarding which detailed information may be provided by
the guide who has certified his or her vocational
qualification.
(3) A local government has the right to specify the
requirements for professional qualification of tourist guides,
the procedures by which tourist guides shall be certified,
tourist guide services shall be provided and the supervision and
control of their professional activities shall be implemented,
the authority which shall certify tourist guides, as well as
those tourism objects and sightseeing places located in the
public outdoor space, regarding which the information may be
provided by tourist guides who have confirmed their professional
qualification. The local government has the right to, in
compliance with the provisions of the Administrative Liability
Law, provide in binding regulations administrative liability for
non-compliance with the determined requirements or
procedures.
[10 December 2009; 14 June 2012; 30 January 2020 /
Amendments to Paragraph three shall come into force on 1 July
2020. See Paragraph 3 of Transitional Provisions]
Section 16. Provision of Package
Travel and Linked Travel Arrangements
(1) A tour operator may organise and provide packages, but a
tour operator and a travel agent may offer for sale or sell
packages if it has been registered in the Commercial Register,
the Register of Associations and Foundations, or the Register of
Taxpayers and has received a special permit (licence) in
accordance with the procedures laid down in laws and regulations.
The special permit (licence) shall be issued for an indefinite
period of time. The tour operator and the travel agent shall pay
the annual State duty for the special permit (licence).
(2) A tour operator must register in the database referred to
in Section 8.1, Paragraph one, Clause 2 of this Law
and must provide a security for the reimbursement of all those
payments which have been made by or on behalf of travellers,
insofar as the operator is unable to fully or partially fulfil
its obligations and provide the relevant services due to the
liquidity problems thereof. In the event of repatriation of a
traveller, the traveller may be offered a continuation of the
package according to the contract entered into.
(3) A tourism service provider which facilitates linked travel
arrangements shall register in the database referred to in
Section 8.1, Paragraph one, Clause 2 of this Law and
provide a security for the reimbursement of all payments received
from travellers, insofar as the tourism service provider which
facilitates linked travel arrangements is unable to fully or
partially fulfil its obligations and to provide a tourism service
that falls within the scope of the linked travel arrangement due
to its liquidity problems. Where such tourism service provider
carries out carriage of passengers, it shall also provide a
security in respect of repatriation of travellers.
(4) A travel agent must register in the database referred to
in Section 8.1, Paragraph one, Clause 2 of this Law.
It may only offer for sale or sell such a package which is
secured in the event of the non-fulfilment or inadequate
fulfilment due to liquidity problems of the tour operator.
(5) The security for the tour operator and the tourism service
provider which facilitates linked travel arrangements shall be an
insurance policy issued by an insurer or a guarantee issued by a
credit institution. The amount of security must be sufficient and
effective. When determining the amount of security, the turnover
in the field of package travel and linked travel arrangements
shall be taken into account - the total amount of money received
from travellers within a specified period for a package travel
arrangement or a service included in a linked tourism
arrangement.
(6) The expenses necessary for ensuring repatriation of
travellers and the expenses of travellers which have been
incurred due to the non-fulfilment or inadequate fulfilment of
the obligations of the tourism service provider shall be covered
in cases stipulated by the Cabinet from the resources of the
State budget for unforeseen cases. The Cabinet shall determine
the procedures for recovering the resources used for ensuring
repatriation of travellers from a tour operator, a travel agent,
and a tourism service provider which facilitates linked travel
arrangements due to the non-fulfilment or inadequate fulfilment
of the tourism service provider.
(7) A tourism service provider which facilitates linked travel
arrangements, a travel agent, and a tour operator that is not
established in the territory of the European Union, but offers
for sale or sells package or linked travel arrangements in Latvia
or who directs such business to Latvia in any way, shall register
in the database referred to in Section 8.1, Paragraph
one, Clause 2 of this Law and shall provide a security for the
reimbursement of all the payments carried out by or on behalf of
travellers, insofar as the tourism service provider which
facilitates linked travel arrangements is unable to fully or
partially fulfil its obligations and provide the respective
services. Where a package travel or linked travel arrangement
includes carriage of passengers, the tour operator or the tourism
service provider which facilitates linked travel arrangements
shall provide a security in respect of repatriation of
travellers.
(8) The requirements of this Section shall not apply to:
1) a provider of package travel or linked travel arrangements
which provides a package travel or linked travel arrangements
covering a period of less than 24 hours, unless tourist
accommodation is included therein;
2) a provider of package travel or linked travel arrangements
which offers or facilitates the sale of services only in
individual cases, without profit-making purposes and only to a
limited group of travellers;
3) a provider of package travel or linked travel arrangements
which provides services on the basis of a general contract
regarding the organisation of business trips which has been
entered into between a service provider and another natural
person or legal person who acts within the scope of his or her
economic or professional activities;
4) a provider of package travel or linked travel arrangements
established in another European Union Member State, if it has a
security for non-fulfilment of obligations or inadequate
fulfilment thereof in accordance with the legal acts of the
relevant Member State.
(9) The procedures for the preparation and provision of a
package travel and linked travel arrangements, the rights and
obligations of providers of package travel and linked travel
arrangements and travellers, the amount of the State duty for the
issuance of a special permit (licence), and the procedures for
payment, as well as the procedures for the calculation,
contribution, and payment of the security of the tourism service
provider for non-fulfilment of obligations or inadequate
fulfilment thereof shall be determined by the Cabinet.
[22 November 2017; 8 October 2020]
Section 16.1 Conformity
Assessment and Certification of Tourist Accommodation
(1) Conformity assessment and certification of tourist
accommodation shall be voluntary.
(2) Conformity assessment and certification of tourist
accommodation according to Latvian national standards shall be
performed by a certification institution accredited in accordance
with the procedures laid down in laws and regulations.
[14 June 2012]
Section 16.2 Limitations
of the Provision of Package Travel and Linked Travel
Arrangements
(1) A tour operator is prohibited from organising, providing,
offering for sale, or selling packages if, in accordance with the
procedures laid down in laws and regulations, it:
1) has not received the special permit (licence);
2) has not paid the annual State duty for a special permit
(licence);
3) has not ensured the security specified in Section 16,
Paragraph two of this Law for the non-fulfilment of obligations
or inadequate fulfilment thereof due to liquidity problems.
(2) A travel agent is prohibited from offering for sale or
selling packages if, in accordance with the procedures laid down
in laws and regulations, it:
1) has not received the special permit (licence);
2) has not paid the annual State duty for a special permit
(licence).
(3) A tourism service provider which facilitates linked travel
arrangements is prohibited from organising, providing, offering
for sale, or selling linked travel arrangements if, in accordance
with the procedures laid down in laws and regulations, it:
1) has not registered in the database referred to in Section
8.1, Paragraph one, Clause 2 of this Law;
2) has not ensured the security specified in Section 16,
Paragraph three of this Law for the non-fulfilment of obligations
or inadequate fulfilment thereof due to liquidity problems.
[22 November 2017; 8 October 2020]
Chapter IV
Protection and Security of Rights of Tourists
Section 17. Safety of Tourists
(1) A tourist has the right to receive information on any
question that is related to his or her trip from the merchant
which provides tourism services.
(2) A merchant which provides tourism services has an
obligation to:
1) based on information provided by State authorities, inform
the tourist regarding the security situation in the place to
which the tourist desires to travel;
2) when selling packages, offer the tourist medical or another
type of insurance related to travel;
3) provide parents, guardians, or trustees with information
that would allow them to maintain contact with persons who are
travelling or for whom they are responsible;
4) [22 November 2017].
(3) In active tourism and sports tourism events, organisers of
the relevant event shall be responsible for the security of the
tourists and the fulfilment of special technical
requirements.
(4) The tourist is responsible for conformity with this Law
and other laws and regulations, as well as for the fulfilment of
obligations that are provided for in the contract entered into
between a merchant and the tourist.
[24 January 2002; 16 February 2006; 10 December 2009; 22
November 2017]
Section 18. International
Co-operation in the Field of Protection of Rights and Security of
Tourists
(1) Latvia shall co-operate with other countries in order, if
necessary, to ensure:
1) the fast delivery of the tourist to the country of
residence, if he or she has suffered trauma in an accident or
illegal activity has been committed against him or her;
2) the delivery of property stolen and later found to the
country of residence;
3) the provision of emergency medical treatment;
4) that all necessary information on the condition of health
of the victim and the circumstances in which illegal activity has
been committed against the tourist is rapidly placed at the
disposal of the country of permanent residence;
5) the delivery of his or her mortal remains to the country of
permanent residence in the event of the tourist's death.
(2) The protection of the rights of Latvian tourists in
foreign states shall be implemented by the diplomatic and
consular representative offices of the Republic of Latvia.
Chapter V
Administrative Offences in the Field of the Provision of Tourism
Services and Competence in the Administrative Offence
Proceedings
[30 January 2020 / Chapter shall
come into force on 1 July 2020. See Paragraph 3 of Transitional
Provisions]
Section 19. Administrative Offences
in the Field of the Provision of Tourism Services
For the violation of the rules for checking the information
provided in the foreignerʼs declaration form, storage or transfer
of the form, a warning or fine of up to eighty-six units of fine
shall be imposed on a natural person, but a fine of up to one
hundred and fifty-six units of fine - on a legal person.
[30 January 2020 / Section shall come into force on 1 July
2020. See Paragraph 3 of Transitional Provisions]
Section 20. Competence in the
Administrative Offence Proceedings
(1) Administrative offence proceedings regarding the offences
referred to in Section 19 of this Law shall be conducted by the
State Police.
(2) Until examination of the administrative offence case, the
administrative offence proceedings for the offences referred to
in Section 19 of this Law shall be conducted also by the State
Border Guard, but the administrative offence case shall be
examined by the State Police.
[30 January 2020 / Section shall come into force on 1 July
2020. See Paragraph 3 of Transitional Provisions]
Transitional Provisions
[24 January 2002]
1. The Cabinet shall establish the Latvian Tourism Development
Agency by 1 July 2002.
2. The Cabinet shall approve the by-laws of the Tourism Fund
referred to in Section 10, Paragraph three of this Law by 1 July
2002.
3. Section 11, Paragraph six of this Law shall come into force
on 1 January 2008.
[16 February 2006]
4. Section 11, Paragraph seven of this Law shall come into
force on 1 January 2007.
[16 February 2006]
5. New wording of Section 11, Paragraph five of this Law, as
well as Paragraphs 5.1, 5.2, and
5.3 shall come into force on 1 March 2010.
[10 December 2009]
6. The Cabinet shall, not later than by 1 March 2010, issue
the regulations referred to in Section 11, Paragraph five of this
Law.
[10 December 2009]
7. Amendments to Section 1, Clause 8, Section 1, Clause 28,
Section 6, Paragraph two, Clause 8, Section 6.1, as
well as amendments to Section 8, Clauses 1, 2, and 3 (procedures
for granting of the status of a resort) of this Law shall come
into force on 28 December 2012.
[14 June 2012]
8. The Cabinet shall issue the regulations referred to in
Section 6.1, Paragraph seven of this Law by 28
December 2012.
[14 June 2012]
9. The Consumer Rights Protection Centre shall fulfil the
functions specified in Section 8.1, Paragraph one of
this Law from 1 July 2018.
[22 November 2017]
10. A tour operator and a travel agent shall fulfil the
requirements specified in Section 16, Paragraph one of this Law
from 1 July 2018.
[22 November 2017]
11. A tourism service provider which facilitates linked travel
arrangements shall ensure the security provided for in Section
16, Paragraph five of this Law from 1 July 2018.
[22 November 2017]
12. Repatriation of travellers in accordance with Section 16,
Paragraph six of this Law shall be ensured from 1 July 2018.
[22 November 2017]
13. A tour operator and a travel agent which has commenced the
provision of package travel or linked travel arrangements until
30 June 2018 is entitled to organise and supply or offer the
relevant service for sale, without the special permit (licence)
specified in this Law, not later than until 30 June 2019.
[22 November 2017]
14. A tour operator which has commenced its activities until
30 June 2018 has an obligation to maintain in effect the
insurance contract or guarantee of a credit institution
throughout the period of operation thereof, in accordance with
that specified in Cabinet Regulation No. 353 of 13 April 2010,
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. Upon switching or extending an
insurance contract or guarantee after 30 June 2018, the tour
operator shall ensure the fulfilment of the requirements laid
down in Section 16, Paragraphs two and five of this Law.
[22 November 2017]
15. The obligation specified in Section 16, Paragraph seven of
this Law to provide a security regarding non-fulfilment of
obligations or inadequate fulfilment thereof shall take effect
from 1 July 2018 for a tourism service provider which facilitates
linked travel arrangements, a travel agent, and a tour operator
which is not established in the territory of the European
Union.
[22 November 2017]
16. The Cabinet shall by 1 July 2018 issue the regulations
referred to in Section 8.1, Paragraph two and Section
16, Paragraphs six and nine of this Law.
[22 November 2017]
17. Cabinet Regulation No. 353 of 13 April 2010, Regulations
Regarding the Rights and Obligations 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 (Latvijas Vēstnesis, 2010, No.
61; 2013, Nos. 27, 148; 2016, No. 79) shall be in force until 30
June 2018, insofar as it is not in contradiction with this
Law.
[22 November 2017]
18. Until 30 June 2018 the Ministry of Economics shall ensure
registration of travel agents and tour operators in the database
of travel agents and tour operators. The database shall be
maintained by the Ministry of Economics until 30 June 2019.
[22 November 2017]
19. Travel agents and tour operators which have been
registered in the database of travel agents and tour operators
until 30 June 2018 and have not re-registered in the database
referred to in Section 8.1, Paragraph one, Clause 2 of
this Law may provide the services of a travel agent and a tour
operator until 30 June 2019.
[22 November 2017]
20. Amendments to this Law regarding supplementation of
Section 151, Paragraph three and Chapter V of this Law
shall come into force concurrently with the Law on Administrative
Liability.
[30 January 2020]
21. The Cabinet shall, by 1 February 2021, issue the
regulations referred to in Section 9, Paragraph two of this Law.
Until the day of coming into force of the relevant Cabinet
regulations, but no longer than until 1 February 2021, the
Cabinet Regulation No. 666 of 25 November 2003, By-laws of the
Latvian Tourism Advisory Council, shall be applicable.
[8 October 2020]
Informative Reference to European
Union Directive
[22 November 2017]
This Law contains legal norms arising from Directive (EU)
2015/2302 of the European Parliament and of the Council of 25
November 2015 on package travel and linked travel arrangements,
amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of
the European Parliament and of the Council and repealing Council
Directive 90/314/EEC.
This Law shall come into force on 1 January 1999, but
Paragraph 16 of this Law - on 1 January 2000.
This Law has been adopted by the Saeima on 17 September
1998.
President G. Ulmanis
Rīga, 7 October 1998
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)