ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of April 8, 2020 No. 461

About approval of Rules of return to tourists and (or) other customers of the sums of money paid by them for tourist product from money of fund of the personal responsibility of tour operator

According to part five of article 11.8 of the Federal law "About Bases of Tourist Activities in the Russian Federation" Government of the Russian Federation decides:

Approve the enclosed Rules of return to tourists and (or) other customers of the sums of money paid by them for tourist product from money of fund of the personal responsibility of tour operator.

Approved by the Order of the Government of the Russian Federation of April 8, 2020 No. 461

Rules of return to tourists and (or) other customers of the sums of money paid by them for tourist product from money of fund of the personal responsibility of tour operator

1. These rules establish procedure and terms of return to tourists and (or) other customers of the sums of money paid by them for tourist product from money of fund of the personal responsibility of tour operator in the field of outbound tourism (further respectively - fund of tour operator, tour operator) in case of adoption by the Government of the Russian Federation of the decision on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with approach of the circumstances connected with acceptance by foreign state of the decision on restriction of entry of tourists into the country (place) of temporary stay or emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and is equal to danger of damnification to their property, or appeal of the citizen who signed the agreement on realization of tourist product on military service on mobilization in the Armed Forces of the Russian Federation, or its revenues to military service under the contract during the period since February 24, 2022, or the conclusion it the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022.

The list of such countries (places) of temporary stay with indication of effective date of restrictions is posted by the Ministry of Economic Development of the Russian Federation on the official site on the Internet.

2. The tour operator within one month (if other is not established by the Government of the Russian Federation) from the date of acceptance by the Government of the Russian Federation decisions, the stipulated in Article 11.8 Federal Laws "About Bases of Tourist Activities in the Russian Federation" (further - the Federal Law), sends to merging of tour operators in the field of outbound tourism (further - consolidation) the return note to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator.

3. The tour operator creates the register of requirements of tourists and (or) other customers about return of the sums of money paid by them for tourist product of fund of tour operator (further respectively - the requirement about return, the register of requirements) within 6 months from the date of the direction of the notification specified in Item 2 of these rules in case of adoption by the Government of the Russian Federation of the decision on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with acceptance by foreign state of the decision on restriction of entry of tourists into the country (place) of temporary stay or emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and is equal to danger of damnification to their property.

In case of adoption by the Government of the Russian Federation of the decision on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with appeal of the citizen who signed the agreement on realization of tourist product on military service on mobilization in the Armed Forces of the Russian Federation, or its revenues to military service under the contract during the period since February 24, 2022, or the conclusion it the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022 the tour operator creates and sends to consolidation the register of requirements together with the notification on insufficiency of own means at such tour operator no later than 5 calendar days from the date of submission of each requirement about return by such tourist or the member of his family.

The intermediate accounting (financial) reports for date of submission of the specified notification in the form approved by the Ministry of Finance of the Russian Federation shall be attached to the notification on insufficiency of own means at tour operator.

The requirement about return joins in the register of requirements tour operator proceeding from date and time of receipt of such requirement by tour operator from the tourist and (or) other customer.

The register of requirements does not join requirements of the tourist and (or) other customer for the agreement on realization of tourist product to which changes in part of terms of making of travel were made.

The tour operator posts on the official site on the Internet information on terms and procedure for forming of the register of requirements.

4. The tourist and (or) other customer or their representatives during term, stipulated in Item 3 these rules, impose on tour operator requirement about return to which the documents provided by subitems "v" - "д" Item 6 of these rules are attached.

The citizens who signed the agreement on realization of tourist product who were called up for military service on mobilization in the Armed Forces of the Russian Federation or which enlisted under the contract during the period since February 24, 2022, or signed the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022 or members of their families about return attach to the qualifying standard also the documents provided by subitems "e" and "zh" of Item 6 of these rules.

The form of the requirement about return affirms consolidation and is subject to placement on its official site on the Internet.

The requirement about return shall contain the following data:

surname, name, middle name (in the presence) and the residence of the tourist and if the agreement on realization of tourist product was signed with other customer, also surname, name, middle name (in the presence) and the residence of other customer - physical person, identification taxpayer number, the primary state registration number of the individual entrepreneur and the residence of other customer - the individual entrepreneur, or the name, identification taxpayer number, the primary state registration number and the location of other customer - the legal entity;

agreement number about realization of tourist product (in the presence) and date of its conclusion;

period of tourist trip (period of the actual provision of services);

total price of tourist product according to the agreement on realization of tourist product;

the size of the sum of money which is subject to return;

the list of the services rendered to the tourist which are part of tourist product (if such services were rendered);

bank account details of the tourist and (or) other customer or their representatives for transfer of the sum of money which is subject to return from fund of tour operator.

The representative of the tourist or other customer is understood as person which is acting on the basis of the properly the drawn-up power of attorney.

The sum of money paid for tourist product which is subject to return from money of fund of tour operator is understood as the expenses incurred by the tourist and (or) other customer according to the agreement on realization of tourist product.

5. Return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator is performed by consolidation under following conditions:

the contract on realization of tourist product between tour operator and the tourist and (or) other customer or their representatives is signed before adoption by the Government of the Russian Federation of the decision on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with approach of the circumstances connected with acceptance by foreign state of the decision on restriction of entry of tourists into the country (place) of temporary stay or emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and is equal to danger of damnification to their property, or within 3 years from the date of entry into force of the agreement on realization of the tourist product concluded not earlier than September 1, 2021 in case of acceptance by the Government of the Russian Federation decisions on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with appeal of the citizen who signed the agreement on realization of tourist product on military service on mobilization in the Armed Forces of the Russian Federation, or its revenues to military service under the contract during the period since February 24, 2022, or the conclusion it the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022;

the tourist and (or) other customer performed payment of tourist product according to the agreement on realization of tourist product completely or partially;

the period of the actual provision of tourist services according to the agreement on realization of tourist product completely or partially matches with the period of action of restrictions on entry of tourists into the country (place) of temporary stay specified in the list of the foreign states which limited entry of tourists into the country (place) of temporary stay, and the countries (places) to which departure of tourists in connection with emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and also danger of damnification to their property posted on the official site of the Ministry of Economic Development of the Russian Federation on the Internet or the period of passing of military service in the cases provided by part fifteen of article 10 of the Federal Law is limited;

the cash amount specified in the requirement about return cannot exceed the cash amount which is actually paid by the tourist and (or) other customer under the agreement on realization of tourist product;

the total amount of the money specified in the requirements about return included in the register of requirements provided by tour operator to consolidation shall not exceed the actual size of fund of tour operator;

availability at tour operator including on whom the decision on release from financial provision of responsibility of tour operator in the field of outbound tourism and payment of fees in fund of tour operator, financial provision of responsibility of tour operator in the field of the outbound tourism operating within 120 days after end date of forming of the register of requirements is made;

the tour operator shall not be in process of reorganization, liquidation, concerning it insolvency proceeding is not entered, activities of tour operator shall not be stopped according to the procedure, stipulated by the legislation the Russian Federation.

In case of adoption by the Government of the Russian Federation of the decision on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in connection with approach of the circumstances connected with acceptance by foreign state of the decision on restriction of entry of tourists into the country (place) of temporary stay or emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and it is equal to danger of damnification to their property, return of the sum of money paid for tourist product is performed less the cost of the services which are actually rendered to the tourist which are part of tourist product.

In case of return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund of tour operator in case of adoption by the Government of the Russian Federation of the decision specified in Item 1 of these rules connected with appeal of the citizen who signed the agreement on realization of tourist product on military service on mobilization in the Armed Forces of the Russian Federation or its revenues to military service under the contract during the period since February 24, 2022, or the conclusion it the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022, return of the sum of money paid for tourist product is performed in the amount of, paid for the relevant agreement on realization of tourist product.

6. For execution of the obligations on return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund the tour operator submits to consolidation the following documents in paper form or in the form of the electronic document certified by the strengthened qualified digital signature:

a) the register of requirements signed by the head and the chief accountant (in the presence) of tour operator and under seal tour operator (in the presence), containing the following data:

full name of tour operator;

the basis for implementation of return to tourists and (or) other customers of the sums of money paid by them for tourist product from fund provided by part one of article 11.8 of the Federal Law;

date of the direction of the register of requirements;

the size of fund of tour operator for date of submission of the register of requirements;

the general size of the money which is subject to return to tourists and (or) other customers from fund of tour operator (in rubles, it is specified in figures with two signs after comma and copy-book) (taking into account the condition established by the paragraph the ninth Item 5 of these rules);

b) the requirements about return included in the register of requirements;

c) passport copy or other identity documents of tourists in accordance with the legislation of the Russian Federation;

d) copies of agreements on realization of tourist product (in case of the conclusion of the agreement on realization of tourist product on paper) or agreements on realization of tourist product in electronic form on the electronic medium of information (in case of the conclusion of the agreement on realization of tourist product in electronic form);

e) the documents confirming the fact of payment by the tourist and (or) other customer of services of tour operator according to the agreement on realization of tourist services or properly verified copies of such documents;

e) the documents confirming passing of military service in the cases provided by part fifteen of article 10 of the Federal Law;

g) for members of families of the citizens who signed the agreement on realization of tourist product who were called up for military service on mobilization in the Armed Forces of the Russian Federation, or the tasks which enlisted under the contract during the period since February 24, 2022, or signed the contract on voluntary assistance in accomplishment assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022, - the documents confirming belonging to members of the family of the specified tourists according to Items 5 and 5.1 of article 2 of the Federal law "About the Status of the Military Personnel".

7. Consolidation performs payments from fund of tour operator by money transfer on the bank account specified by the tourist and (or) other customer or their representatives in the requirement about return and informs tour operator and the Ministry of Economic Development of the Russian Federation on implementation of payments from fund of tour operator according to the register of requirements and about the amount of such payments or refuses such payment and informs tour operator on refusal in satisfaction of requirements about return with indication of the bases, stipulated in Item 8 these rules:

within 60 working days from the date of receipt of the documents specified in subitems "a" - "д" Item 6 of the these rules, in case of return to tourists and (or) other customers paid for tourist product of sums of money from fund of tour operator in connection with the decision of the Government of the Russian Federation specified in Item 1 of these rules, connected with acceptance by foreign state of the decision on restriction of entry of tourists into the country (place) of temporary stay or emergence of the circumstances testimonial of origin in the country (place) of temporary stay of tourists of safety hazard of their life and to health, and it is equal to danger of damnification to their property;

within 5 calendar days from the date of receipt of the documents specified in Item 6 of the these rules, in case of return to tourists and (or) other customers paid for tourist product of sums of money from fund of tour operator in connection with the decision of the Government of the Russian Federation specified in Item 1 of these rules, connected with appeal of the citizen who signed the agreement on realization of tourist product on military service on mobilization in the Armed Forces of the Russian Federation or its revenues to military service under the contract during the period since February 24, 2022 or the conclusion to them the contract on voluntary assistance in accomplishment of the tasks assigned to the Armed Forces of the Russian Federation during the period since February 24, 2022.

8. The bases for refusal in satisfaction of requirements about return are:

a) non-presentation (representation not in full) in combination of documents, stipulated in Item 6 these rules;

b) availability in the documents specified in Item 6 of these rules, incomplete or false information;

c) discrepancy of the requirement about return to the conditions specified in Item 5 of these rules.

9. The refusal in satisfaction of requirements about return for the bases, stipulated in Item 8 these rules, is not obstacle for the repeated address to consolidation after elimination of the circumstances which formed the basis for refusal.

10. Payment of money to the tourist and (or) other customer or their representatives from fund is performed in rubles.

 

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