LEGAL ACTS IN ENGLISH
 
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Legal Acts in English
Group: COMPANIES, BUSINESS
Issue: LAW ON TOURISM
Published in the Službeni glasnik RS, No. 17/19 of 14 March 2019
Contents
Section: I GENERAL PROVISIONS
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  • 1. Scope of Regulation
    • Article 1

      This Law shall regulate: conditions and method of tourism planning and development; tourism promotion organisations; travel agencies; tourism services; Tourism Register; other issues of significance for development and furthering of tourism.

  • 2. Principles
    • Article 2

      Regulation of relations in the field of tourism shall be based on the principles of:

      1) integral development of tourism and supporting economic activities, as factors of overall economic and social development, which ensures execution of mutually compatible plans and programs in accordance with the law;

      2) sustainable development of tourism as a harmonized system of technical and technological, economic and social activities, based on economic development, preservation of natural and cultural resources, as well as maintenance and development of local communities;

      3) raising efficiency and responsibility in the fields of utilization, management, preservation and promotion of tourist areas;

      4) ensuring unique service provision standards in tourism;

      5) protection of national economy, tourism product consumers and professions in tourism;

      6) partnership between private and public sector and civil society in planning, shaping and presenting of the tourist products in the market;

      7) provision of single, public and electronic records of registered and recorded data in the field of tourism;

      8) respect of human rights and dignity of persons with disabilities, equality and non-discrimination in tourism in compliance with regulations preventing discrimination of persons with disabilities;

      9) which are included in the Code of Ethics for Tourism of the United Nations World Tourism Organization;

      10) planning and realization of tourism development policy in compliance with the tourism development strategy of the Republic of Serbia.

  • 3. Notions
    • Article 3

      Individual terms used in this Law shall have the following meanings:

      1) administrative costs are the costs of a travel agency related to drawing up of agreements o travel organisation and other documentation handed over to a traveller by a travel agency, which pertain to such traveller and to such tourism trip;

      2) active knowledge of a foreign language is a higher intermediate level of foreign language proficiency for a language other than Serbian, which, in accordance with the CEFR international standard for language proficiency level assessment, corresponds to B2 level of language competence;

      3) activity of a travel agency means organisation, offer, sale and realisation of tourism trips, excursions and provision of other services normally provided in tourist turnover;

      4) Destination Management Company (DMC) shall mean a company or other legal person, specialized for a specific destination, i.e. region, with the adequate knowledge of tourist resources, with adequate staff capacities for creating, organization and realization of tourist programs and trips, mediation in the provision of stay, accommodation, entertainment, excursions, tourist guide services, transfer and other services, while connecting with all of those providing services at such destination, and all for the purpose of providing professional, high quality tourist services;

      5) Destination Management Organisation (DMO) shall mean a company or other legal person established for the purpose of managing a tourist destination (planning, organization, marketing and management), whose founders can be from public or from private sector;

      6) electronic sale shall mean the sale of tourism trips, excursions, as well as other services in tourism through internet, without direct contact with clients;

      7) sign language shall mean a demonstration language and it shall designate the visual method of communication among the deaf, particularly by using the agreed, i.e. standardized signs made by hands and fingers, with or without mimicking, with its own grammar and syntax, by means of which thoughts, concepts, intentions and notions are transferred;

      8) local tourist guide shall mean a natural person who has passed the professional examination for tourist guides and who, based on the program of the local self-government unit, has specialized in provision of services of guiding, showing and expert explanations of natural, cultural and historic, archaeological, ethnographic, commercial and other sights at a certain destination;

      9) excursion shall mean a combination of two or more tourist services (transportation and other tourist services), determined by the travel agency independently or at the request of the travellers, of the duration not exceeding 24 hours, which do not include overnight stay and which are sold by the travel agency at a single price;

      10) holiday resort (resort) shall mean a part of a tourist area, tourist place that is an integrated and functional whole of establishments and other amenities for accommodation and stay of tourists, with no permanent residents, with constructed facilities of tourism infrastructure and tourism suprastructure;

      11) relevant register shall be the status register maintained with the competent authority and in which companies, entrepreneurs, associations and other legal entities are to be registered;

      12) certificate of travel shall mean the document handed over by a travel agency at purchasing of a tourism trip to the traveller and representing proof of concluded agreement. A certificate of travel may additionally be a written document on an announcement, application, booking of a tourism trip, etc.;

      13) representative on tourist destination shall mean a natural person, who, on the basis of a contract concluded with the organiser of a tourism trip, provide notifications and instructions to the travellers relating to the realisation of travel program and perform other activities for the purpose of protecting the travellers' interests;

      14) priority tourist destination shall mean a spatial whole with the tourist resource basis for development and commercialisation of tourist products, potential and existing tourist attractions, tourism infrastructure and tourism suprastructure;

      15) reception and transport of travellers shall mean transport of travellers organized by a travel agency relating to the realisation of tourism trip or an excursion;

      16) sale of tourism trips and other services in tourism shall imply direct sale, offering, as well as any other activities of offering, announcing, marketing, promotion, etc., that finally result in the sale of a tourism trip and/or provision of a service in tourism;

      17) selling price shall mean the agreed total price of a tourism trip and/or an excursion, presented as a single amount, which shall, in addition to the services from the travel program and/or special requests of the travellers, include all the other additional costs, including taxes, duties, as well as other costs, which are, as an inseparable part, necessary for realisation of the trip;

      18) professional congress organiser (PCO) shall mean a company or another legal person specialized in organisation of congresses (conferences, meetings, etc.) and management of business events;

      19) traveller shall mean a person purchasing or on behalf of whom is purchased, and/or a person using a tourism trip or an excursion, as well as other tourist services;

      20) booking shall mean the procedure whereby the accommodation service or other tourist services are provided and/or announced in advance by a travel agency, where the travel agency does not collect any charge for the service, but the user is paying directly to the service provider;

      21) Tourism Register shall mean a single, electronic, central, public database on registered and/or entered in records economic operators that are performing jobs in the field of tourism, which are registered or entered in records in compliance with the regulations, as well as on other particulars that are to be registered or entered in records in compliance with this Law;

      22) Tourism Registrar shall mean the person who maintains the Tourism Register in compliance with this Law and other regulations;

      23) actual costs are the costs incurred by a travel agency relating to the organisation and realisation of a tourism trip sold and the costs which shall not include profit, fixed costs of the travel agency (salaries, utility costs, leases, etc.), marketing costs, commissions, etc.;

      24) Strategic Master Plan shall mean a complex, research and comprehensive planning document which lays down the objectives, programs and plans for growth and development of tourism, investments in tourism, marketing and competitiveness plans, as well as their implementing measures for a specific tourist destination, based on the tourism development strategy of the Republic of Serbia;

      25) durable medium shall mean the means enabling a service provider or a beneficiary of a service to save electronic data intended for the beneficiary of a service, so that such data can be accessed and that they can be reproduced in the same form, over a period corresponding to the purpose of such data saving;

      26) transfer shall mean passenger transport realized on a shorter distance at a destination only, in relation to the realisation of a tourism trip or excursion;

      27) travel agency is a company, an entrepreneur, another legal person which pursues the economic activity of travel agencies under conditions prescribed by this Law;

      28) tourist attraction shall in particular mean the landmark of a tourist destination, of the natural or social character, within a tourist area;

      29) tourist group shall mean a guided group of 15 to 75 travellers to which a tourist service is provided by a travel agency acting as a trip organiser according to a previously determined program and/or at a request;

      30) tourist activity shall mean provision of travel agency services, services of tourist professions as well as provision of other services in compliance with this Law;

      31) tourist destination shall mean a destination of a tourism trip which, owing to its being adequately equipped, enables reception and stay of travellers;

      32) tourist suprastructure shall mean hospitality establishments as well as art galleries, exhibition, congress and amusement establishments, which are directly connected to the hospitality establishments and sport and recreation facilities or forming a single whole with them;

      33) tourism infrastructure shall mean facilities for providing information, resting, supply, recreation, education and tourist entertainment, and specifically: ski slopes, bathing sites and beaches, thematic and amusement parks, tourist information centres, tourists and visitors reception points, roadside service areas, nautical tourism establishments, golf courses, tennis courts, open space and covered recreational facilities, small artificial accumulations with bathing sites, swimming pools, wellness facilities, tracks and roads for amusement and recreation (trim tracks, health tracks, observation decks, panoramic roads, cycling routes, walking tracks, snowmobile roads, etc.), arranged river and lake banks, facilities for observing natural curiosities, tourist rest and short stay establishments, adventure activities facilities, etc.;

      34) tourist signage shall mean the adequate symbols and signs, as well as symbols and signs of tourist traffic signalization, whereby a tourist attraction and the contents of a tourist offer are marked;

      35) tourist animator shall mean a natural person who plans and realizes entertainment, cultural, athletic and recreational and other programs in order to organize tourists' leisure time;

      36) tourist guide shall mean a natural person who has passed the professional examination for tourist guide and is providing services of guidance, demonstration and expert explanations of natural, cultural and historical, archaeological, ethnographic, commercial and other significant sights;

      37) tourism cluster shall mean a sectoral or geographic concentration, of mutually related companies, other legal entities or natural persons for the purpose of connecting the mutual needs and strengthening competitiveness;

      38) tourist courier shall mean a natural person has passed the professional examination for tourist courier and who accompanies a tourist group and performs operational and technical duties, from the point of departure, to the destination and back;

      39) tourist product shall mean a set of inter-dependent elements which is in practice organized as a special chain of value comprising of material products and services, natural values and cultural resources, tourist attractions, tourist suprastructure and tourism infrastructure;

      40) tourist area shall mean a single and indivisible geographic and functional whole of natural and manmade resources and values of significance for tourism;

      41) tourist place shall mean an organisational and functional whole with a formed tourist offer, natural values, cultural resources and other sights of importance for tourism, utility, transport and tourism infrastructure, as well as establishments and other amenities for accommodation and stay of tourists;

      42) tourism trip shall mean a combination of two or more tourist services (transport, accommodation and other tourist services), determined or prepared by the trip organiser independently or at the traveller's request, the duration of which exceeds 24 hours or of a shorter duration where it includes one overnight stay, as well as one or more overnight stays which includes the accommodation service only over a specified time slot or duration of time that is sold at a single price;

      43) agreement on travel organisation shall mean the general conditions of the trip, travel program, certificate of travel, voucher, etc., that is handed over by the travel agency to the traveller directly, electronically or on a durable medium;

      44) optional service shall mean a service that may be included in the travel program and that is not a mandatory element thereof, upon which the realisation of a tourism trip is not dependent and the price of which is not included in the selling price of a tourism trip (excursions, admission tickets, various aspects of insurance, etc.).

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