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Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Contract for the provision of tourist services
What is a contract for the provision of tourist services?
A contract for the provision of tourist services (tourist service, or DTO) is an agreement under which one party undertakes to organize a complex of tourist services for the other party for a fee. The parties to these agreements are a tour operator (or travel agent) and a tourist. The contract defines the rights and obligations of each party, the terms of services, the cost of the tourist product and other important aspects of the trip. The procedure for its conclusion and content is regulated in accordance with the provisions of the Law of Ukraine “On Tourism” and the Civil Code of Ukraine.
What are included in tourist services?
Tourist services are a diverse complex in the field of tourist services, which is provided to tourists and covers various aspects. According to the Law of Ukraine “On Tourism”, they may include:
- basic ones for transportation, accommodation (all types of transportation, including air flights, railway and bus tickets, transfers; accommodation in hotels, hostels, apartments; organization of meals in restaurants, cafes and other establishments during vacation);
- additional ones for organization of excursions, entertainment, medical insurance (for example, visiting museums, historical sites, amusement parks, theaters, concerts, festivals, sporting events, SPA centers, medical support during travel, etc.), guides-translators, visa support, ticket booking, etc.
Tourist services (tour product) can be provided comprehensively (a package that includes several types of services - flight, accommodation, meals), or separately from each other (for example, only hotel accommodation). The list and scope of services provided by a specific travel agent are determined by the DOT. That is why it is important to carefully approach its conclusion with the counterparty in order to avoid the risk of falling into tourist fraud schemes.
What are the essential terms of a contract for the provision of tourist services?
The DOT is the main document that regulates the relationship between the tour operator and the tourist, therefore it has a number of essential terms and characteristics:
- firstly, the parties are the tour operator (a company or individual entrepreneur who provides the relevant service) and the client (as a rule, an individual who orders tourist services for personal consumption);
- secondly, it is necessary to specify the rights and obligations of the parties, the dates of the start and end of the service, the characteristics of the means of transport, their type, category (if tourist transportation is provided), the name and category of the hotel for accommodation, types and methods of providing meals, a detailed description of the route, excursions, activities, etc., information about the insurance company that provides tourist insurance, the total cost of tourist services, the method of payment, and the liability of the counterparty.
It is worth noting: each party may require amendments or termination of the agreement due to changes in essential conditions (tariff increase, currency exchange rate change, etc.).
When concluding the specified agreement, special attention should be paid to the description of the parties' obligations and responsibilities, providing for liability:
- for the travel agency - for improper execution;
- for the tourist - for failure to comply with the rules of conduct and stay in the country of visit, payment terms.
Typical errors when concluding an agreement for the provision of tourist services and assistance from a lawyer in its development
Concluding a DOT is an important stage in organizing your trip. Your comfort, safety and the ability to protect your rights in the event of problems depend on the correctness and completeness of this document.
Typical errors when concluding the specified contract are as follows:
- absence of essential terms of the contract (such as the duration of stay, service program, payment procedure);
- unclear wording or ambiguity in the terms of the contract, which can lead to different interpretations and disputes;
- absence of a clause on the tour operator's liability or its incorrect description (for non-fulfillment or improper fulfillment of obligations).
A professional lawyer from the Law Firm "Prikhodko & Partners" can assist you not only in checking the finished contract, but also in its development. Turning to our lawyer at the stage of developing the contract has its advantages, because the lawyer will be able to take into account your interests, ensure legal clarity when formulating the essential terms of the contract, and protect your rights in the event of disputes with the counterparty.
Thus, a contract for the provision of tourist services is a legally significant document that regulates the relationship between the tour operator and the tourist, and determines the volume, quality and terms of services. When concluding such an agreement, the lawyers of “Prikhodko & Partners” recommend, firstly, to pay attention to the clarity and unambiguity of the wording, secondly, to make sure that all essential terms of the agreement are present by law, and thirdly, to seek legal assistance to analyze the agreement and protect your rights.
Contacting a lawyer to draft a contract for the provision of tourist services is a guarantee of your safety and comfort during the trip. To find out the cost of legal assistance, fill out the form below.
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