Puzyreva, A.N. Topical issues of classification of contracts between the tour operator and tour agent

Abstract: The article is devoted to topical issues of classification of contracts between the tour operator and tour agent. The author presents key positions of the Russian legal scholars towards the legal nature of the model contract between the tour operator and tour agent, she also analyzes the norms of current legislation, as well as judicial practice and business documents on this issue. The author studied the types of contract used (sale of tourist product, provision of tourist services for remuneration, franchise (commercial concession), mandate contract, commission contract, acquisition contract, agent contract), showing their strong and weak points. She also evaluates the possibility to use these contracts in the relations between tour agent and tour operator. The author also attempts to find the most acceptable model for the regulation of relations between the said subjects. The author also proposes to improve legislation regarding qualifying such a contract as an agency contract by amending the Federal Law “On the Fundamentals of Tourism Activities” and the Civil Code of the Russian Federation.

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