About the contract for excursion service (+ contract template)

The excursion is a purposeful, visual process of learning about the surrounding environment. This process is built using pre-selected objects that are in natural conditions and takes place under the guidance of a qualified specialist tour guide according to a pre-determined theme.

Today, there is an increase in demand in the world in the field of tourism to the territory of Ukraine. More and more people want to get to know Ukrainian culture and Ukrainians personally. Some tourists want to visit not only UNESCO World Heritage sites , such as the Kyiv-Pechersk Lavra , St. Sophia Cathedral and the historical center of Lviv , and feel the adrenaline by visiting a country that is in a state of war.

Such tourism makes a great contribution to the functioning of the country's economy, which needs support in these "dark" times.

That is why travel agencies continue to work and provide tourists with all the necessary travel products.

In the context of service provision of a tourist product, an excursion is designed to satisfy the spiritual, aesthetic, and informational needs of a person, implementing the cognitive function of tourism: broadening one's horizons, organizing cultural leisure, recreation, and communication. Excursions contribute to the spread of scientific knowledge and are an important means of patriotic education, studying the history of the country or area, the heroic past of its people, traditions, and the development of culture and art. Excursions as an effective form of learning are used in the pedagogical process. their pedagogical tasks are to build an excursion based on the maximum activity and independent mental activity of the excursionists, to form in them the skills of independent observation and analysis of visual information and visual impressions. Thus, excursions perform educational and educational functions.

The process of organizing excursions for both local and foreign tourists on the territory of Ukraine or abroad is subject to legal regulation by the state.

Tourist activity is a licensed activity, and the state is responsible for ensuring that every tourist feels safe during the excursion, given that he is on the territory of a foreign country, because the safety of foreign tourists is the image of the country.

All provisions of legislation in the field of tourism are also aimed at ensuring safety and comfort for domestic tourists.

Let's consider in more detail the specifics of concluding a contract for excursion services.

What is excursion service?

Excursion service is one of the conditions included in the contract for tourist services. It can be included in the contract for tourist services or not (for example, when a tourist on the spot decides to participate in an excursion).

In such cases, together with the tourist, it is necessary to conclude a contract for excursion services, as well as take out mandatory insurance for tourists (medical and accident).

According to the contract for excursion services, one party (entity carrying out tourist activities) undertakes to provide services at the order of the other party (tourist) for a fee established by the contract, the essential part of which is the services of a tour guide (guide-interpreter) with a total duration of no more than 24 hours that do not include accommodation services.

An excursion service contract is concluded according to the rules defined by civil law, including by issuing a voucher. (Part 1, Article 21 of the Law on Tourism No. 324/95-VR dated 10/16/2020).

Voucher for excursion service

Voucher - a form of written contract for tourist or excursion services, which can be used in accordance with this Law. ( Part 1, Article 23 of the Law on Tourism ) .

The voucher for excursion service must contain information about the following:

• name and location of the subject of excursion activity, license number for the relevant type of activity, legal address;
• surname, first name (patronymic) of the tourist (in the case of a group trip, surnames, first names (patronymic) of group members);
• terms of providing and type of excursion, its total cost;
• name, address and location of the excursion object;
• information about the place of collection, time of collection, time of departure;
• information about the duration of excursions, etc.

The procedure for issuing a voucher and its use is approved by the central executive body, which ensures the formation of state policy in the field of tourism and resorts (clause 10, Article 23 of the Law on Tourism ).

Who are the parties to the contract?

The parties to the tour service contract are the travel company (executor) on the one hand and the tourist (customer) on the other.

The executor can be both legal entities and natural persons-entrepreneurs who are registered in accordance with the procedure established by law and have a license to carry out tourist activities.

According to the structure of the classification of types of economic activity for physical entities - entrepreneurs, this activity refers to item 79 "Activities of typical agencies, typical operators, provision of other services of understanding and related activities".

This activity is allowed for FOP of the 2nd and 3rd groups.

As for the customer, they can be natural persons, legal entities and natural persons-entrepreneurs.

What is the subject of an excursion service contract?

The subject of an excursion service contract is a legal relationship, according to which the executor undertakes to provide the customer with excursion service services on the terms specified in the contract, and the customer to pay and accept the services on time and in full, according to the invoice provided by the executor.

The contract must specify the date of service provision, the type and subject of excursion service, cost and payment procedure, duration of service provision, the minimum number of persons in the group (if group services are provided) and the terms of informing the customer that the services will not be provided in connection with insufficient group selection, tour guide qualification and other conditions.

Essential terms of the contract

The general provisions on the contract for the provision of services apply to the contract for excursion services, unless otherwise provided by law and does not contradict the essence of the obligation (Part 3 , Article 21 of the Law on Tourism ).

The essential terms of the contract include provisions on the procedure for providing services and their scope.

The contract should include all details regarding the excursion, namely:

• place and time of collection, time of departure;
• the vehicle and its characteristics on which the transportation is carried out are indicated;
• features of customs clearance and necessary documents, in case a border crossing is planned;
• arrival schedule at facilities, time of stay at facilities, tourist's free time;
• information about the tour guide and his contact details;
• service cost, service payment methods, etc.

As for the legislation, in clause 4 of Art. 21 of the Law on Tourism states that the person who provides excursion services is obliged to provide the excursionist with the necessary and reliable information about the excursion service, its types and features, the qualifications of the tour guide, the order and terms of payment for excursion services, before concluding a contract for excursion services , as well as provide the tourist with other information on excursion service at his request.

The responsibility of the parties for non-fulfillment, improper fulfillment of obligations in accordance with the contract for excursion services, the procedure for terminating the contract for excursion services are determined in accordance with civil legislation and legislation on the protection of consumer rights ( paragraph 5 of Article 21 of the Law on Tourism ).

In this contract, for fruitful cooperation and avoiding disagreements in the process of concluding the contract, it is desirable for the parties to provide for the following:

• indicate whether the services include tourist accommodation;
• settle cases of non-appearance of the tourist at the meeting place at the appointed time;
• provide for the possibility and terms of refusal to participate in the excursion and the conditions for the return (non-return) of payment;
• specify the item on personal insurance, how and at whose expense it will be carried out;
• draw up a list of persons with profile and contact information who will be part of the excursion group and other conditions.

Thus, it can be concluded that excursion activity is an important area of work of tourist enterprises. Many organizations combine several functional roles in organizing tourist services.

Creating an excursion is a complex process that requires great creative efforts from the organizer of the excursion business.

For the tourist, the excursion process should be as safe and comfortable as possible.

In order to meet all the tourist's needs and to anticipate possible issues, the travel company should conclude a detailed contract with the tourist specifying all points related to this service and information useful to the tourist.

You can draw up and download a template of an excursion service contract using the link . Or use the extended functionality of the system in terms of keeping a register of counterparties, generate a contract, deed, account filled with data, and sign with a qualified electronic digital signature.