OSAGO on restIn June of last year the requirement about obligatory presence of financial guarantees for tour operators has started to operate. The majority of them was preferred by civil liability insurance, instead of guarantee reception in bank as this variant was cheaper and easier. After a year and tour operators, and insurers recognise that the law operates, though demands some completion - for example, regarding differentiation of the size of an insurance covering. Definition of game rules in the market has forced tour operators to approach more responsibly to work, experts consider.
amendments to the federal law “ About bases of tourist activity “ providing introduction of financial guarantees for tour operators, have been accepted on January, 17th, 2007. According to the document, the obligatory financial guarantee for the tour operator working in the exit market, was established at a rate of 5 million roubles. The majority of tour operators was received by financial guarantees through the insurance companies, and some large players have used bank guarantees. It is logical: for reception of a bank guarantee it was necessary to present pledge or money under a guarantee, and reception of the insurance more cheaply and does not demand pledge.
rules of insurance of a civil liability for default or inadequate execution of obligations under the contract on realisation of a tourist product have been co-ordinated by the letter Federal Agency of insurance supervision. In the appendix the size of the insurance tariff has been established: for operators of the international tourism - 2,4025 %, internal - 2,0530 %, also can be applied as lowering (0,4 - 1,0), and raising (1,1 - 5,0) factors. Tariffs are applied depending on terms of realisation of tourist`s camera activity and its volumes, the countries with which the tour operator, presence last years claims of tourists, and also other factors influencing degree of risk works.
according to experts, approximately 95 - 97 % from the Russian Federations registered in the official register tour operators have preferred to bank guarantees acquisition of the policy of assurance of responsibility. According to calculations of Association of tour operators of Russia (ATOR), last year insurers have received from tourist industry for financial guarantees of an order of $10 million, thus, that expenses of the insurance companies on insured events have made only 0,6 % from this sum. “ insurance of responsibility of tour operator can be compared to the car insurance: you pay money and you receive calmness on a case of any incident, - the director for Joint-Stock Company tourism " speaks; Agency ` Irida ` “ Dmitry Volohotjuk. - In general to responsibility became more - travel agencies try to avoid any negative cases as if there are problems in the future it will be impossible to receive a place in the register of tour operators “.
Since June, 2008 the size of financial maintenance for tour operators in sphere of the international tourism has increased to 10 million roubles. And all tour operators are obliged to present to Federal agency on tourism of data on increase in the size of a financial guarantee not less than three months prior to the expiry of the term of action of the previous contract, differently they will be excluded from the Uniform register of tour operators. It is especially important on the threshold of a hot summer season.
now two companies are excluded from the register only: Petersburg “ Alea “ and Moscow “ Gadgets of Ejr “. Cases with these travel agencies were, perhaps, the loudest for the last year: so, “ Alea “ simply was gone in the middle of August, having left tourists before closed dvermi. Then “ the Moscow insurance company “ the insured responsibility of tour operator, declared that is ready to pay off with the deceived tourists. “ Has withdrawn “ from the market and “ Gadgets of Ejr “. Tour operators were afraid that similar cases can lead to growth of cost of service of financial guarantees for tour operators.
as a whole last year has shown that the new legislation is quite efficient, as the first payments have already been made, but definitively to do conclusions about its efficiency while early. “ Obligatory insurance of responsibility of tour operators, as well as any other kind of insurance, has memory term about three years and then it will be possible to bring the first results “ - the director of the Center of insurance of the citizens leaving abroad Open Society SK " marks; Russian world “ Gajane Kalendzhjan. The main achievement of the new law, according to the chief of department of the Center of insurance of responsibility ROSNO Boris Kuzina that it protects tourists from not qualified, and in some cases simply roguish actions of tour operators is. “ even presence of the diligent and qualified tour operator does not protect the tourist from nonprofessional actions of subcontractors of tour operator, - Boris Kuzin marks. - in similar situations the law in force gives to the tourist necessary protection in the name of the insurance company “.
Thus representatives of tourist industry are assured that the law protects not only tourists, but also travel agencies. “ in the presence of the insurance the travel agency is more protected from possible swindle from tourists as at the insurance companies the legal base is stronger and they spend careful checks to pay money only on valid to insured events “ - the director for Joint-Stock Company tourism " marks; Agency ` Irida ` “ Dmitry Volohotjuk. While, however, it is marked not so many cases when tourists show unreasonable claims intentionally. “ it is impossible to name it swindle: more likely it is connected by that, unfortunately, among tourists while there is no accurate understanding, in what cases it is necessary to address in the insurance company that is considered insured event “ - the head of department of insurance of tourists of Severo - the Western battalion of group " explains; the Renaissance insurance “ Oleg Petrov.
so, for example, in company ROSNO tell that for expired period with the written requirement about payment of insurance compensation in connection with default or inadequate execution by tour operator of obligations under the contract on tourist`s product realisation 17 references have arrived. Thus the great bulk of references is connected with claims of tourists to execution by tour operator of the obligations on rendering of services entering into the permit. First of all, it is claims on placing in the hotels, connected with their replacement after the arrival in the rest country. According to the tourists, the valid level of hotels and quality of services in them did not correspond to the information received at purchase of round. From here there was a requirement to return money for the spoilt rest. “ the majority of such cases are connected with value judgment by tourists of the services rendered to it and does not find documentary acknowledgement “ - mister Kuzin explains, underlining that payments in the company for expired period on the declared tourists to requirements were not.
“ the domestic tourist`s industry is still young, the Russian tourists - in the majority people unsophisticated, badly owning the foreign languages, not guided in environment unfamiliar to them, - Oleg Petrov marks. - Our people meanwhile have not learnt to demand from travel agencies of detailed written transfer of the services promised to it, and also to make out the given list as a component of the contract of purchase of round “.
However, as a whole on the payment market nevertheless were. So, according to madam Kalendzhjan, for the past year some tens references from tourists on whom the various sums were paid, and large payments have been fixed while have not been fixed. In the company “ the Renaissance Insurance “ tell that the first large payment of the company under the contract of responsibility of tour operator has occurred in February, 2008. The sum of 2,3 million roubles was is paid clients of one of capital tour operators which could not carry out undertaken of - for swindle from the partner - a receiving party in Arab Emirates. Now the agreement according to which the tour operator will pay an insurance premium for replenishment of the insurance sum subscribes. According to the director of branch OSAO “ RESO - the Guarantee “ St.-Petersburg Dmitry Bolshakova, on all Russian insurance market on tourist`s guarantees for a year has made volume of payments of an order of 5 million roubles.
at the same time insurers consider that in the law on tourism there is a number of the norms contradicting legislative norms of higher order - in particular, in those positions by which it is established that the insurer is responsible for deliberate actions (what responsibility is insured) which have led to insured event approach. Thus, Dmitry Bolshakov marks, under the Civil code insurance of wrongful interests is not supposed. “ It is necessary to exclude these contradictions as, for example, insurance of a situation with deliberate disappearance of a management of travel agency together with the collected money is an insurance of wrongful interests “ - it explains.
some notice that the law is insufficiently accurately registered. “ modification of insurance rules Is required: first of all, it is necessary to formulate accurate definition - that the obligation under the contract " is an essential sign of inadequate execution; - madam Kalendzhjan speaks. “ Dim definition of insured event under the contract of insurance of responsibility of tour operator - one of the basic problem points of the legislation on financial guarantees, - agrees Oleg Petrov. - not clear there was a question that is concrete should to occur during period of validity of the contract of insurance: Event which has caused to the tourist a real damage, or the fact of an establishment of a duty of tour operator to indemnify the given loss “. As a result of discussion of this point in question within the limits of working group with participation of representatives of Rosturizma specifications have been brought that a starting point is the moment of causing of a damage. Therefore even if the tour operator after contract period of validity was insured in other insurance company, all the same the former insurer bears responsibility on the insured event which has come earlier.
an important question on - former there is a size of a financial guarantee. To 10 million roubles since June, 2008 insurers consider increase of the sum justified. “ even in work of tour operator with an average turn there can be insured events with mass claims of tourists the total sum on which can exceed 10 million roubles “ - mister Kuzin from ROSNO notices.
However this size of a covering seems to some insurers not sufficient to indemnify a possible loss. So, it was said that members ATOR are ready to increase voluntary the size of a financial guarantee to 50 million roubles. Smaller firms, on the contrary, consider the size overestimated and again bring up a question on differentiation. “ today a limit of responsibility the companies work for all tour operators identical - 10 million roubles, thus, that in the market with a different turn, and for the large companies in case of any large incident of this sum can not suffice, - Dmitry Volohotjuk speaks. - differentiation of the size of a tourist`s guarantee depending on a company turn " Therefore is necessary;. While, representatives of tourist industry mark, the size of a guarantee for large travel agencies sufficed, as there were no global incidents. Actually in 10 million roubles it is enough responsibility limit to provide compensation in full for passengers of one plane Silt - 86.
“ Before coming into force of new edition of the Law ` About bases of tourist activity in the Russian Federation ` to legislators often asked a question: why such size of a tourist guarantee has been defined and volumes of business of travel companies were not considered, - Oleg Petrov tells. Is there was enough acute problem connected first of all by that tourist business at that point in time was not transparent, data on quantity sent tourists and business volumes were meaningly underestimated by many travel agencies, therefore to lean against this data it was not represented possible “.
Thus tour operators are assured that the size of the insurance which travel agencies pay, should not increase sharply as it will inevitably lead to a rise in prices for permits. However, following the results of last year it is possible to tell that introduction of financial guarantees if was reflected in cost of rounds only for the small companies, and for large tour operators bolshee the rise in prices for aviation fuel and, as consequence, a rise in price of air tickets had value.
following the results of last year, the law has not led to sharp reduction of quantity of players in the market. In October, 2007 it was noticed that all who wanted to get to the Uniform register of tour operators, have insured the responsibility (or have got a bank guarantee) and into it have entered. Similar fears were present in the market when the norm about insurance of bank contributions was entered, but they in the same way have not justified. As a whole insurers are assured that should pass some time before practice by the given kind of insurance will work enough. And, in an ideal, responsibility of insurers on financial guarantees should be reduced to the serious insured events connected in basic with the bankruptcy or a financial inconsistency of tour operator.