Outbound tourism: questions and answers

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The system guaranteeing the citizens' rights in the field of outbound tourism needs to be expanded, according to NCE

During the past year, the National Chamber of Entrepreneurs "Atameken" held a series of meetings on the problems of the system of guaranteeing the rights of citizens in the field of outbound tourism. Discussions were held with representatives of the National Bank of Kazakhstan, the Department of Tourism Industry of MID RK, tour operators, associations, insurance companies.

Representatives of the tourist market have formed a set of issues that require urgent solutions for normal operation in the field of outbound tourism. All questions of representatives of tourist industry, "Atameken" sent to the Ministry of Investment and Development of Kazakhstan for answers and explanations.

So, the question coverage of sales is not yet clear. The bulk of tourists who may suffer from unfair actions of tour operators - these are the tourists who bought tour packages, but do not have time to go to the resort on time. In this regard, according to NCE, consideration should be given to the depth of sales within the existing instruments.

The response of MID RK states that "according to the norms of the law of RK "On tourist activity in the Republic of Kazakhstan", at the first stage the beneficiaries of the system of guaranteeing the rights of citizens of the Republic of Kazakhstan in the field of outbound tourism are citizens of Kazakhstan, who are tourists. Subsequently, when the sufficient funds will accumulated on the special account, there will be considered cases of protection of Kazakhstani citizens' rights, who have bought a tourist voucher, but did not redeem it".

"Atameken" also raised the following issue. On the tourist market, there are tour operators that work in the direction of the CIS and offer only ground service (trips to resorts, tours, etc.), or offer tour packages with travel by train, bus or scheduled flights. These tour operators do not carry risks such as tour operators, who are selling massive routes with charter air travel. In this regard, NCE has offered to consider the cancellation of bank guarantees for tour operators, working on "narrow" directions.

As explained MID RK, "the system of guaranteeing the rights of citizens in the field of outbound tourism is aimed at protecting the rights of citizens, who are tourists, regardless of the country (location) of a tourist".

Also, in accordance with sub-clause 20) of the Article 1 of the Law "On tourist activity in the Republic of Kazakhstan", "tourist product – is a set of tourist services, sufficient to meet the needs of tourists during the trip",- says the answer of MID RK.

Furthermore, according to sub-clause 13) of the Article 1 "tourist services – are services necessary to meet the needs of tourists, provided during their travel in connection with their trip (accommodation, transportation, meals, excursions, services of instructors tourism guides (guides -translator) and other services under contract to the tourist service provided, depending on the objectives of the trip)."

Accordingly, the tourist product includes transportation, regardless of the mode of transport.
Cancellation of bank guarantee for tour operators in the CIS, is considered inappropriate, as tour operators may at any time make use of air charter services, and they use this right. For example, in August 2016 were detained departures of aircraft airline “Skybus”, which made charter flights from Georgia to Georgia".

In addition to these questions, they were sent proposals to change legislation in the sphere of tourism and insurance of civil liability of tour operators and travel agents, improve the functioning of mechanisms "Turistіk Kamkor", and also the offers of ALE "Kazakhstan Tourist Association". The answer to these proposals were not provided.