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Home / RLA / Article 1. The basic concepts used in this Law Chapter 1. The main provisions of the Law on Tourism activities in the Republic of Kazakhstan

Article 1. The basic concepts used in this Law Chapter 1. The main provisions of the Law on Tourism activities in the Republic of Kazakhstan

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 1. The basic concepts used in this Law Chapter 1. The main provisions of the Law on Tourism activities in the Republic of Kazakhstan

      The following basic concepts are used in this Law:  

     1) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective after ten calendar days after the date of its first official publication); 1-1) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective after ten calendar days after the date of its first official publication);  

     2) tour guide – an individual operating in the Republic of Kazakhstan as an individual entrepreneur or an employee, professionally trained to provide information and (or) organizational services to tourists;

     2-1) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective after ten calendar days after the date of its first official publication); 2-2) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective after ten calendar days after the date of its first official publication); 2-3) excluded by the Law RK No. 34-VII dated 30.04.2021 (effective ten calendar days after the date of its first official publication);       3) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective ten calendar days after the date of its first official publication);  

     3-1) tourist operator activity in the field of inbound tourism is the entrepreneurial activity of individuals or legal entities licensed for this type of activity to form a tourist product, promote it and sell it to tourists who do not permanently reside in the territory of the Republic of Kazakhstan, including through travel agents;

     3-2) insurance certificate – a document certifying the availability of valid insurance coverage for the insured and containing information on the conditions of insurance coverage for insurance risks accepted for insurance, issued by the insurer in confirmation of the concluded insurance contract (insurance policy);

     4) tour - a complex of tourist services, including travel along a certain route within a certain time frame;  

     5) tourism is a temporary stay of a tourist on a trip that is not related to a change of permanent residence.;

     5-1) tourism infrastructure – a set of organizations, a complex of facilities and networks of industrial, social and recreational purposes intended for the functioning of the tourism sector and meeting the needs of tourists;

     6) a tourism instructor is a professionally trained individual operating in the Republic of Kazakhstan as an individual entrepreneur or an employee who has the appropriate qualifications and experience in traveling tourist routes.;

     7) tourist - an individual who visits the country (place) of temporary stay for a period of twenty-four hours to one year and spends at least one night in it (in it) for recreational, educational, professional, business, sports, religious and other purposes without engaging in paid activities;

     7-1) touristic map – territories at the national and regional levels that are of interest to tourists;

     8) tourist accommodation facilities - hotels, motels, campsites, tourist bases, guest houses, holiday homes, boarding houses and other buildings and structures used for tourists' accommodation and services;

     8-1) a travel agent (hereinafter referred to as a travel agent) is an individual or legal entity engaged in travel agency activities.;

     9) travel agency activity (hereinafter referred to as travel agency activity) is the entrepreneurial activity of individuals or legal entities to promote and sell a tourist product formed by a tourist operator of the Republic of Kazakhstan on the basis of an agency agreement for the sale of a tourist product without the right to add additional services, as well as activities to provide tourists with services that are not a tourist product;

     10) tourist voucher - a document confirming the tourist's right to the services included in the tour and the fact of their payment;  

     11) excluded by the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective ten calendar days after the date of its first official publication);  

     11-1) tourist code – a unique number assigned to a tourist by a tour operator in the field of outbound tourism, guaranteeing the obligations of the tour operator within the framework of organized outbound tourism;

     12) tourism activity - entrepreneurial activity of individuals or legal entities providing tourist services;  

     13) tourist services – services necessary to meet the needs of a tourist, provided during his trip and in connection with this trip (accommodation, transportation, meals, excursions, services of tourism instructors, guides, and other services provided by the contract for tourist services, provided depending on the purpose of the trip, as well as services, aimed at ensuring equal (barrier-free) access to tourism infrastructure for all tourists, including people with disabilities and people with limited mobility (inclusive tourism);

     13-1) compensation of tourist services – reimbursement by the employer of the employee's expenses for tourist services rendered in the territory of the Republic of Kazakhstan;

     The footnote. Article 1 is supplemented by subparagraph 13-1) in accordance with the Law of the Republic of Kazakhstan dated 30.04.2021 No. 34-VII (effective after the date of the relevant amendments and additions to the Code of the Republic of Kazakhstan "On Taxes and Other Mandatory Payments to the Budget" (Tax Code)).  

     14) contract for tourist services - an agreement between a person engaged in tourist activities and a tourist for the provision of paid tourist services;  

     15) persons engaged in tourism activities - travel agents, tour operators, tourism instructors, as well as guides and guides providing tourist services on their own;  

     16) excluded by the Law of the Republic of Kazakhstan dated December 29, 2014 No. 269-V (effective from 01.01.2015);

     17) a tourist route is a tourist's route to meet his needs, which is developed by the tourist operator and includes visits to tourist sites with detailed regulations for such visits (used transport, stopping places, visiting sites, overnight accommodations, medical care in emergency cases, and other conditions);

     18) the state register of tourist routes and trails is a document accounting for tourist routes and trails;  

     19) tourist operator activity (hereinafter referred to as tour operator activity) is the entrepreneurial activity of individuals or legal entities licensed for this type of activity to form, promote and sell a tourist product in the field of outbound tourism through travel agents and a tourist product in the field of inbound and domestic tourism to tourists, including through travel agents;

     19-1) a tourist operator (hereinafter referred to as a tour operator) is an individual or legal entity engaged in tourist operator activities, tourist operator activities in the field of domestic, inbound or outbound tourism;

     20) a tourist product is a set of all necessary tourist services sufficient to meet the needs of a tourist during a trip;

     21) promotion of a tourist product - a set of measures (advertising, participation in specialized exhibitions and fairs, organization of tourist information centers for the sale of tourist products, publication and distribution of catalogs, booklets) aimed at providing tourist services;  

     22) tourist resources - natural, climatic, historical, socio-cultural, recreational facilities, including tourist display facilities, as well as other facilities capable of satisfying the spiritual needs of tourists, contributing to the restoration and development of their physical strength;  

     23) tourist market - circulation of goods (works, services) and money in the field of tourist activity;  

     24) tourism industry is a branch of the economy, the main area of activity of which is the provision of tourist services, the creation of a tourist product, their promotion and sale on domestic and international markets;  

     25) an emergency with a tourist is the non-return of a tourist from a trip, as well as an event in a certain territory during the trip that occurred as a result of an accident, disaster or catastrophe that caused or may cause the death of a tourist or harm to his health.;

     25-1) tour operator-charterer – a tour operator who has concluded a chartering (charter) agreement with an air carrier (charterer) on the transfer to its use of the entire capacity or part of the capacity of one aircraft (or several vessels) with a crew for one or more flights for the carriage of passengers and baggage in accordance with the legislation of the Republic of Kazakhstan on the use of airspace Republic of Kazakhstan and aviation activities;

     26) authorized body - the central executive body performing the functions of public administration in the field of tourism activities;

     26-1) tour operator activity in the field of outbound tourism is the entrepreneurial activity of individuals or legal entities licensed for this type of activity to form a tourist product, promote and sell it through travel agents to tourists, as well as to promote and sell through travel agents to tourists a tourist product formed by a non–resident of the Republic of Kazakhstan;

26-2) tour operator activity in the field of domestic tourism is the entrepreneurial activity of individuals or legal entities licensed for this type of activity to form a tourist product, promote it and sell it to tourists permanently residing in the territory of the Republic of Kazakhstan, including through travel agents;

     27) tourist - an individual who visits tourist resources for educational purposes in the country (place) of temporary stay for no more than twenty-four hours.;  

     28) excursion - a visit by an individual to tourist resources for educational purposes in the country (place) of temporary stay for no more than twenty-four hours;  

     29) excursion activity - entrepreneurial activity in organizing visits to tourist resources for educational purposes in the country (place) of temporary stay, which does not provide accommodation (overnight stay) for tourists and covers a period of no more than twenty-four hours.;  

     30) tour guide – an individual operating in the Republic of Kazakhstan as an individual entrepreneur or an employee, professionally trained to provide sightseeing services to tourists to explore tourist attractions in the country (place) of temporary stay.

 

 

The Law of the Republic of Kazakhstan dated June 13, 2001 No. 211.

This Law defines the legal, economic, social, and organizational foundations of tourism activity as one of the sectors of the economy of the Republic of Kazakhstan.  

 

President    

Republic of Kazakhstan     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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