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THE LAW ON
TOURISM AND HOSPITALITY
(Official Gazette of Montenegro 2/18, 04/18, 13/18 and 25/19) I. BASIC PROVISIONS Subject Article 1 This Law shall regulate the conditions for the performance of tourism and hospitality activities and other matters of importance for tourism and hospitality. Entities Article 2 (1) Tourism and hospitality activities may be performed by business entities, other legal entities and entrepreneurs that comply with the conditions regulated by this Law. (2) Natural persons who are not registered as entrepreneurs may offer tourism and hospitality services under the conditions regulated by this Law. Principles Article 3 The performance of tourism and/or hospitality activities shall be based on the following principles: The planning and implementing of tourism development policy; Sustainable development of tourism based on the compatibility of the interests of economic development and the need to protect the environment and its resources, with adjustment to climate change by the continuous mitigation of the negative consequences of climate change; Integrated development of tourism and related activities, as factors of overall economic and social development, which ensures the implementation of mutually aligned plans and programmes in accordance with the law; Increased efficiency and accountability in the fields of utilization, management, protection and improvement of the area of tourism; Ensuring uniform standards for the provision of services in tourism; Protection of the users of tourism products and providers of tourism services; Partnership between the private and public sectors and civil society in planning, shaping and placing tourism products on the market; Ensuring unique, public and electronic records of registered and recorded data in the field of tourism and hospitality and the electronic exchange of data in conducting business activities. Meaning of Terms Article 4 Certain expressions used in this Law shall have the following meanings:
- Ecotourism means responsible travelling and visiting ecologically preserved and relatively preserved natural areas, with a beneficial impact on the environment and preservation of the wellbeing of the local population;
- Hotel means a business facility performing hospitality activities with the aim of providing services of accommodation, the preparing and serving of food, drinks and beverages, with a reception, lobby, restaurant with a kitchen and accommodation units;
- Hotel operator (operator) is a legal person under whose brand a hospitality facility operates;
- Excursion means a combination of a minimum of two individual services consisting of transport and tourism/hospitality services that lasts less than 24 hours without including an overnight stay, and is offered for sale and sold by a travel agency at a predetermined price;
- Excursionist means a natural person who stays in another place which is not his place of residence for less than 24 hours, not including an overnight stay or accommodation;
- Excursion grou p means an organized group of tourists/excursionists for which excursion is organized based on an itinerary prepared by travel agency in advance;
- Integrated hotel (combined) means a type of a hospitality facility composed of a number of buildings, or parts thereof, which are combined and offered on the market as a single tourist product;
- Single functional unit means developed and equipped premises that comply with the conditions for providing hospitality services specified under this Law;
- Simple hospitality service means the delivery of simple meals, non-alcoholic drinks and beverages which can be rendered outside of the hospitality facility as well;
- Camp means a hospitality facility with a minimum of 10 accommodation units in which guests are offered the services of: camping (accommodation in a developed outdoor area – in a camping site and/or camping parcel); accommodation in camping lodges, bungalows, other tourist consumption services; and the possibility to take part in sports or other forms of outdoor recreation in the camp;
- Classic hotel unit means an accommodation unit in a hotel, and in a hotel operating based on the combined model of operation which complies with the minimum technical requirements in respect of equipment and space set out in this Law and which may not be subject to sale;
- Tourist service user means a natural person, tourist, traveller or a consumer who directly uses tourism or hospitality services;
- House for rent to tourists means an architecturally and functionally detached building with its own garden, which is rented solely as a unit to an individual or to a group of tourists for a specific period of time;
- Quality of services means an appropriate level of meeting the demands of tourists, or compatibility between the provision of services and tourists’ demands;
- Volume limiter means an electronic regulator that is installed on a device playing music/a musical show so as to limit the volume within/originating from a hospitality facility to a prescribed limit value;
- Healing factors means thermal or mineral water, air, gas or medicinal mud, whose healing properties have been examined and scientifically proven;
- Tourist resort means a type of hospitality facility which represents a unit of a functional and business character and in which tourism activity is performed in an area ranging from 5 ha to 150 ha, with a minimum of one hotel of at least four-star category with a capacity of 60 accommodation units in the northern and central regions, except for the Capital City, and a capacity of a minimum of 120 accommodation units of at least five-star category in the coastal region and in the Capital City, and with tourist villas, with a diverse structure of
- Room for renting to tourists means a part of a residential/business facility or a part of a family residential/business facility (house) in which accommodation services are provided to tourists;
- Flat for renting to tourists means a part of a constructed building unit which is occasionally used for renting to tourists;
- Standard means a set of conditions and benchmarks for setting up and equipping a facility, the quality of the provision of services and the conditions regarding maintenance of the facility;
- Tourist attraction means a particularly attractive landmark of a tourist destination, of a natural or social character within a tourist area;
- Tourism infrastructure means bathing areas, beaches, skiing trails, Alpine or Nordic ski slopes or slopes for alternative activities, cable cars, thematic or amusement parks, tourist information centres, reception centres for tourists and visitors, leisure areas or viewpoints next to the road, golf courses, tennis courts, artificial accumulations of water for bathing areas, swimming pools, wellness establishments, entertainment or recreational trails or roads (fitness trails, viewpoints, panoramic roads, cycling, hiking or snowmobile trails), developed riverbanks or lake shores, structures for observing natural rarities or structures for adventure activities;
- Tourism development zone means an area representing a functional and sustainable unit with tourism infrastructure and suprastructure, which ensures an efficient use of resources and an improvement in tourism development;
- Tourist signposting means adequate symbols or signs of tourist or traffic signposting, which mark a tourist attraction or the contents of a tourist offer;
- Tourism suprastructure means hospitality facilities, galleries, exhibition and congress facilities, nautical tourism facilities and outdoor or indoor sports recreational facilities, as well as any other facilities which are closely linked with hospitality facilities or sports and recreational facilities, or which constitute a single complex therewith;
- Tourist apartment means a hospitality facility intended to provide accommodation services to tourists, which includes a living room, one or more bedrooms, a kitchen and a bathroom;
- Tourism product means a set of interdependent elements which are organized in practice as a special-value chain that includes material products and services, natural values or cultural resources, tourist attractions, tourism infrastructure and tourism suprastructure;
- Tourist destination means a populated area that contains natural, cultural, historical or other landmarks of importance for tourism, the utility, transport or tourism infrastructure, as well as facilities and other amenities for the accommodation and stay of tourists;
- Tourist region means a spatial and functional unit designated by spatial planning documents, where an integrated tourism offer can be formed;
- Hospitality facility means a functionally connected, specially developed and equipped space, which complies with the prescribed minimum technical conditions for providing hospitality services, or for performing hospitality activities;
- Manager (management company ) means a business entity or other legal entity which provides overall management and maintenance of hotels or other primary hospitality facilities;
- High-end tourism means tourism in hospitality facilities of four stars or more;
- Common parts of a hospitality facility whose accommodation units may be subject to individual sale means any area, except the net surface of accommodation units and related parking places per accommodation/residential unit;
- QR code (abbreviation for Quick Response) means a matrix code which stores addresses and other information.
Use of Gender-Sensitive Language Article 5 The terms used in this Law that refer to natural persons of masculine gender shall also include such persons of female gender. II. TOURISM ACTIVITY Definition Article 6 (1) Tourism activity means the provision of services by: tourist agencies, tourist guides, tourist escorts, event organizers or representatives in cultural, nautical, rural/country, health, religious, congress, sport, youth, hunting, fishing, sports, recreational or adventure tourism, ecotourism or other forms of tourism, in bathing areas or on ski slopes, as well as the provision of other services under this Law. (2) A tourist means a natural person who spends at least 24 hours or stays for at least one night, but no longer than one year without interruption, in a place outside of his place of residence for the purpose of holiday, leisure, entertainment, sports and recreation, culture, religion, ecology, engagement in business communication, participation in sports competitions, cultural and art events, as well as for the purpose of travelling by boat or by some other vessel. Obligations of Entities Article 7 (1) While performing tourism activities, business entities, other legal entities, entrepreneurs and natural persons shall: Visibly display the conditions, contents and individual prices for every service and provide services in accordance with the displayed conditions, contents and prices; Issue to the user a receipt and/or other adequate document in electronic or written form in accordance with the law for every service provided; Keep a book of complaints, as prescribed, in the facility in which the services are provided and respond to complaints within three days of the day the complaint was filed; Provide tourism services in accordance with the principles and practices of the sustainable development of tourism, while preserving the natural and cultural heritage and minimizing the negative effects of tourism activities on the environment. (2) The form and manner in which the book of complaints is kept shall be prescribed by the state administration authority responsible for tourism (hereinafter referred to as the "Ministry"). Advertising and Promotion of Tourism and/or Hospitality Activities Article 8 (1) Advertising and/or promotion of tourism and/or hospitality activities may be done only for tourism or hospitality facilities which hold a licence or permit for the performance of activities, or a decision on entry into the Central Tourism Register. (2) The advertising and/or promotion referred to in paragraph 1 of this Article may be performed in electronic and printed media, on digital platforms (booking.com, Tripadvisor, Airbnb, etc.), in social media and by displaying advertisements and promotions in the windows of business premises and in other means of communication.
- Organizing and acting as an agent in the selling of services of nautical, cultural, religious, rural, health, congress, sports, youth or other forms of tourism;
- Providing car rental services;
- Booking, procuring and selling tickets for all types of events, sports and entertainment shows, manifestations, as well as for museums, fairs, etc.;
- Renting and/or acting as an agent in the renting of means of transport/vehicles;
- Acting as an agent in the provision of vessel navigating services by sailors (skippers);
- Providing tourist information and promotional material;
- Acting as an agent in the conclusion of travel and luggage insurance contracts; and
- Other services in accordance with this Law. (2) The services referred to in paragraph 1 item 14 of this Article may be provided by a tourist agency only if the conditions referred to in Article 59 paragraph 2 item 3 of this Law are met. Types of Tourist Agencies Article 11 (1) According to the type of services provided, a tourist agency may be:
- A tourist agency travel organiser (tour operator) which organizes tourist package tours and sells them directly, implements them or offers them for sale via an agent, organizes excursions or offers other services that are usual in tourism; or
- A tourist agency agent (subagent) which sells tourist package tours designed by the travel organizer and/or which offers other agency services under the law. (2) A tourist agency may offer for sale or sell services to travellers via the internet in accordance with the law regulating electronic trade and electronic operations and if the conditions set out in this Law are met. Scope of Services of Tourist Agencies Article 12 (1) A tourist agency travel organizer may provide the services referred to in Article 10 paragraph 1 of this Law. (2) A tourist agency agent may provide the services referred to in Article 10 paragraph 1 items 3 to 20 of this Law. (3) A tourist agency that offers and sells a tourist package tour designed by a travel organizer who does not have a registered office in Montenegro shall be considered a travel organizer and must comply with the conditions set out in this Law. Obligations of a Tourist Agency Article 13 (1) A tourist agency shall:
- Display visibly at the entrance to the office or branch office the company name and head office, or the name and address of the tourist agency;
- Display the working hours at the entrance to the office and branch office and abide by them;
- Display in a visible place in the office, or in the branch office, the licence to perform the activities of a tourist agency;
- Inform the service user about the capacity in which it acts, and the scope of its powers if it represents another tourist agency;
- Publish the conditions, contents and price of every individual service it provides, and provide services in accordance with such conditions, contents and prices;
- If it organizes a tourist package tour, prepare an itinerary and travel conditions for every tourist package tour;
- Conclude a tourist agreement with the traveller;
- Issue a travel confirmation, ticket or other appropriate document in electronic or written form to confirm receipt of payment;
- Provide the services defined by the agreement to the traveller, in accordance with the itinerary and travel agreement;
- If it organizes an excursion, prepare the excursion itinerary which, when advertised or sold, must clearly contain information on the excursion price, type, category and the characteristics of the means of transport, tour itinerary for the location, duration of the excursion, etc.;
- Keep a book of complaints on the premises in which it provides services, in accordance with Article 7 of this Law;
- If it entrusts the provision of services under the itinerary or excursion itinerary to third parties, it shall conclude agreements with such persons and keep records of concluded agreements with supporting documents;
- Clearly indicate the name and head office of the tourist agency, or the name and address of the entrepreneur, and the licence number and QR code in any marketing and promotional material, as well as in all the business documents;
- Keep as a business secret any information about the traveller and not disclose the traveller's identity, address, place or time of travel, stay, excursion or the price paid, or identity of his fellow travellers, without the traveller's consent, except in cases specified in the law;
- Familiarize the traveller with and offer to the traveller travel cancellation insurance, insurance that covers the costs of assistance and the return of the traveller to the place of departure in case of an accident or illness, injuries, death and damage/loss of luggage during his travel and stay, and about the need for health insurance during his travel and stay in the country and abroad;
- Familiarize the traveller with the contents of the applicable security interest agreement related to package tours and excursions;
- Keep records of concluded travel agreements, or records of organized excursions in the country and abroad, on a daily basis, in an orderly and accurate manner. (2) The form, content and manner of keeping of the records referred to in paragraph 1 item 17 of this Article shall be prescribed by the Ministry. Acting as an Agent in the Provision of Services in Hospitality Facility Article 14 A tourist agency that organizes tourist package tours or acts as an agent in the provision of accommodation, food and/or drinks shall provide accommodation, food and/or drinks in a hospitality facility that complies with the conditions to perform the activities set out in this Law. Conditions for Issuing a Licence to a Tourist Agency Article 15 (1) The licence to perform tourism activities (hereinafter referred to as the "licence") shall be issued to the tourist agency if it:
- Is entered into the Central Register of Business Entities (hereinafter referred to as the "CRPS") for providing predominantly the services of a tourist agency travel organizer or a tourist agency agent;
(4) The amount of the security interest referred to in paragraph 3 of this Article, after the expiry of the previous security interest, shall be calculated as the percentage of total revenue stated in the official balance sheet and income statement for the previous year. (5) The tourist agency shall provide the security interest referred to in paragraphs 3 and 4 of this Article continuously for the entire duration of the licence. (6) The manner of activating the security interest and manner of calculating the amount of the security interest referred to in paragraph 4 of this Article shall be prescribed by the Ministry. Minimum Technical Conditions for Business Premises Article 18 (1) The office or branch office of a tourist agency must comply with the minimum technical conditions in terms of equipment and space organization. (2) In addition to the conditions referred to in paragraph 1 of this Article, the office or branch office must comply with other conditions governed by separate regulations in order to perform the business activity. (3) The monitoring of compliance with the conditions referred to in paragraph 2 of this Article shall be performed by the competent inspectors. (4) The minimum technical conditions shall not apply to a tourist agency providing services exclusively online. (5) The minimum technical conditions referred to in paragraph 1 of this Article shall be prescribed by the Ministry, depending of the type and manner of provision of services. Conditions concerning Staff Article 19 (1) In every office or branch office a tourist agency must have at least one employee – a full- time manager who:
- Has at least: Completed level four of qualifications, sublevel IV1 of the National Qualifications Framework; and Three years of work experience in the tourist industry for a tourist agency travel organizer or one year for a tourist agency agent;
- Knows at least one foreign language at a minimum of level B1 on the CEF scale. (2) Other persons employed in the office who are in direct contact with clients must have completed level four of qualifications, sublevel IV1 of the National Qualifications Framework and must know at least one foreign language. (3) The provisions of paragraphs 1 and 2 of this Article shall also apply to the tourist agency that provides services via the internet. Office Article 20 (1) A tourist agency must have an office to be able to provide the services referred to in Article 10 of this Law. (2) Premises intended for residence, business premises where another business activity is performed or other premises outside of the office or branch office shall not be considered to be an office.
(3) Notwithstanding paragraph 2 of this Article, a tourist agency that provides services exclusively via the internet may provide services at the residential premises of the registered residence of the manager. Designation Article 21 (1) The designation "tourist agency" must be used in the name of a tourist agency as the closest designation of its business activity. Revocation of Licence Article 22 (1) The licence shall be revoked from the tourist agency if: It ceases to comply with the conditions for the issuing of the licence as set out in this Law; It fails to provide the services in the office/branch office at the registered address for which the licence was obtained; A measure has been imposed on it involving prohibition to providing services in accordance with this Law; It has been issued with a licence on the basis of false data or forged documents; It fails 30 days before expiry of the security interest period to provide the Ministry with the amount of security interest in accordance with this Law, or fails to provide a new security interest after the payment of funds on the basis of the previously issued security interest on the day of the payment of funds; It offers or sells trips: tourist package tours or excursions without an agreement or contrary to the agreement concluded with third parties entrusted with the provision of services specified in the trip itinerary (transport, number of beds in a particular establishment, etc.), cancels the trip or fails to reimburse to the travellers the funds paid within the legally defined period; It fails to provide accommodation for travellers during the contracted trip; It fails to ensure the return of travellers or keeps travellers on a trip longer than envisaged in the itinerary without a justified reason. There occur severe consequences for the life and health of travellers as a result of an omission in the operation of the tourist agency. Decision on Revocation of the Licence Article 23 (1) The licence shall be revoked by the decision of the Ministry. (2) A tourist agency whose licence is revoked shall reimburse the funds paid for previously agreed trips within seven days of the day of the revocation of the licence. (3) The decision referred to in paragraph 1 of this Article shall be entered into the Central Tourism Register. Expiry of the Licence Article 24 (1) The licence shall cease to be valid: At the request of the licence holder; By deletion of the tourist agency from the CRPS. (2) The tourist agency shall be deleted from the Central Tourism Register based on a decision, on the day of expiry of the licence.
Rights and Obligations of Tourist Agency Agent Article 29 (1) A tourist agency agent that is offering for sale or selling the package tour of a travel organizer shall indicate in the itinerary and in the travel confirmation the capacity in which it is acting, the licence number of the travel organizer and QR code and shall give an itinerary to the traveller either in person or electronically, simultaneously with the issuing of the travel confirmation. (2) The travel agency agent may offer for sale or sell only package tours of the tourist agency travel organizer with which it has signed agreement on acting as an agent. (3) The tourist agency agent shall draw up an itinerary of the trip/excursion in writing (either in electronic or in printed form). (4) The itinerary referred to in paragraph 3 of this Article shall be given by the tourist agency agent to the traveller either in person or electronically, simultaneously with signing the trip/excursion agreement and issuing the confirmation of trip/excursion. (5) The traveller shall confirm receipt of the trip/excursion agreement, itinerary of the travel/excursion or travel/excursion confirmation with a signature, either in person or electronically. Information prior to Travel Article 30 Prior to concluding an agreement, a tourist agency shall provide the traveller, in writing or in some other appropriate form, with basic information about: The required travel documents and conditions for obtaining visas and the time needed to obtain them; The conditions for health protection and stay at the destination; The time and location of stopovers, and transportation connections at the destination; The booked place of accommodation of the travellers in all means of transport; The location, address and telephone number of a representative of the tourist agency or the tourist agency travel organizer or tourist agency agent, for the purpose of providing assistance in the event of an emergency; The possibility of establishing contact with the child or with the person responsible for the child at the place where the child is residing in the event of minors travelling or staying abroad; and Security interest in case of a potential termination of the trip by the traveller or the costs of the assistance provided, including the necessary costs of transport of the travellers (repatriation) in case of an accident or illness. Agreement on a Tourist Package Tour Article 31 (1) Prior to the signing of agreement on tourist package tour, a tourist agency shall provide the traveller with a copy of the agreement so that he is able to familiarize himself with the contents thereof. (2) The agreement on the tourist package tour shall be concluded in writing or in electronic form and must include: The destination and the period of the stay at the destination; The date, time and place of departure and return; The types, characteristics and categories of transportation means that will be used;
The locations, types and categories of accommodation facilities that will be used, the number of permits for such facilities and the number of daily meals; The company name and head office, or name and address of the tourist agency travel organizer; The name of the bank that provides the security interest for the package tour/excursion; The excursions, tours and other services included in the package tour, which are included in the price; The manner in which changes are made to the price under this Law, the amount of the fee for individual services which are not included in the price of the package tour (tourist fees, boarding and disembarkation fees in airports and other ports); The method and time of payment of the price of the package tour; Special requests made by travellers at the time of booking the trip, which are accepted by the organizer; The minimum number of travellers needed to organize a package tour and the deadline for informing travellers in case of cancellation of the package tour; The period within which the traveller is obliged to file a complaint in case of failure to execute agreement, or partial and incomplete execution of the agreement. (3) The travel organizer shall issue to the traveller a confirmation either in writing or in electronic form to confirm that the tourist package tour has been concluded. (4) If the tourist package tour is implemented by the tourist agency agent, it must include the company name and head office, or the name and address of the tourist agency agent, with a note stating that the tourist package tour is being implemented with the agent’s intermediation. (5) With respect to the rights and obligations of the tourist agency agent, the provisions of this Law which are applicable to the tourist agency travel organizer shall apply. (6) The provisions referred to in paragraphs 1 and 2 of this Law shall not exclude the possibility of making a subsequent booking or entry into agreement at the last minute. Changes to the Contents of Agreement prior to Travel Article 32 (1) If the tourist agency is forced to change substantial elements of the agreement prior to the beginning of the trip, the agency shall inform the traveller thereof without delay and give the traveller the opportunity to: Withdraw from the agreement without having to pay penalties; or Accept amendments to the agreement. (2) The traveller shall notify the tourist agency travel organizer of his decision within two business days of the day of receipt of the proposed changes to the agreement. (3) If the traveller does not agree with the changes referred to in paragraph 1 of this Article or if the tourist agency cancels the package tour prior to the agreed date of departure for any reason, the traveller may: Accept a substitute for the package tour of equal or higher quality without supplementary payment, if the tourist agency can offer such a package tour, or if the offered package tour is of a lower quality, the tourist agency shall reimburse the difference in price; or Request that the tourist agency reimburse the amount paid within eight days. (4) In the cases referred to in paragraphs 1, 2 and 3 of this Article, the tourist agency shall pay damage compensation to the traveller due to its failure to fulfil its contractual obligations in accordance with separate regulation.
He holds a certificate of acquired national professional qualification for a tourist guide in accordance with the law. (2) The association of tourist guides may, for and on behalf of its members, act as an agent in the provision of the services of a tourist guide with the obligation to issue receipts to service users in accordance with the law. (3) A tourist guide shall issue a receipt for the service provided to the service user if the service provision is not organized by a tourist agency, or if a receipt is not issued by the association of tourist guides of which he is a member. Procedure for Issuing Identification Card Article 37 (1) An ID shall be issued on the basis of an application filed with the Ministry. (2) The application referred to in paragraph 1 of this Article shall be accompanied by the following documentation: A certificate of acquired national professional qualification for a tourist guide under the law; Knowledge of the language in which the services will be provided; Knowledge of Montenegrin language which enables basic communication for a foreign natural person; A completed form for entry into the Central Tourism Register. (3) Compliance with the conditions referred to in Article 36 of this Law shall be established by the Ministry's decision. (4) The ID shall be issued by the Ministry on the basis of the decision referred to in paragraph 3 of this Article. (5) The data on issued IDs shall be entered into the Central Tourism Register. (6) While providing services, a tourist guide must wear in a visible place the tourist guide ID verifying his capacity. (7) The form and manner of using the ID shall be prescribed by the Ministry. Obligations of Tourist Guides and Tourist Agency Article 38 (1) A tourist guide shall provide tourist guide services conscientiously and professionally, in accordance with business practices in tourism and shall give accurate data to tourists when guiding, presenting or giving professional explanation of: natural sceneries and rarities, cultural and historical monuments, works of art, ethnographical and other landmarks, historical events and legends about such events and personalities, economic and political events and developments, and certain sites and areas. (2) A tourist agency shall keep records of hired tourist guides. (3) The records of hired tourist guides shall contain data on: The name and address, and number of the ID or travel document indicating the validity period and the name of the authority that issued the document; The number and date of issue of the tourist guide’s identification card; The language in which the services are provided; The time or period of hiring; and The name of the tourist site for which the tourist guide is being hired. (4) The tourist guide shall respond to an invitation for regular testing of his knowledge before the commission set up by the Ministry in respect of cultural-historic monuments, artworks, ethnographic and other landmarks, historic events and legends regarding such events and
personalities, business and political events and happenings, as well as in respect of certain places and areas. Revocation of Identification Card Article 39 (1) The identification card shall be revoked based on a decision if: It is issued on the basis of false data or forged documents; The tourist guide fails to provide services in accordance with Article 38 paragraph 1 of this Law; The commission referred to in Article 38 paragraph 4 of this Law establishes that the tourist guide does not have the appropriate knowledge for the performance of the activities of a tourist guide; tourist guide fails to appear at the testing referred to in Article 38 paragraph 4 of this Law; ex officio , if tourist guide no longer meets requirements for obtaining identification card. (2) The data on the revocation of the identification card shall be entered into the Central Tourism Register. Tourist Escort Article 40 (1) A tourist escort is a natural person accompanying a tourist group and performing operative and technical duties from the beginning of the travel to the destination and back. (2) A tourist escort may only be a person holding a tourist escort identification card. (3) A tourist agency shall issue the identification card referred to in paragraph 2 of this Article to a person who has completed at least level four of qualifications, sublevel IV1 of the National Qualifications Framework. (4) In addition, a tourist escort shall be considered to be a foreign citizen who accompanies a group of a foreign organizer, for travel that starts in a foreign country and that ends upon returning to the foreign country. (5) While providing services, a tourist escort must wear in a visible place the tourist escort identification card that confirms his identity. (6) The form and manner of use of the identification card referred to in paragraph 2 of this Article shall be prescribed by the Ministry. Tourist Event Organizer Article 41 (1) A tourist event organizer is a natural person who plans and implements entertainment, cultural, sports, recreational and other programmes to organize tourists' free time. (2) The duties referred to in paragraph 1 of this Article may be performed only by a tourist event organizer holding a tourist event organizer identification card. (3) A tourist event organizer shall also be considered to be a foreign citizen who complies with the conditions set out in this Law. Conditions for Acquiring an Identification Card Article 42 (1) A tourist event organizer identification card shall be issued to a natural person who complies with the following conditions: Possesses a certificate of the acquired national professional qualification for a tourist event organizer in accordance with the law;
- Protect the interests and rights of travellers and of the tourist agency before the service provider;
- Provide information about performance of the itinerary and additional services;
- Order additional services on behalf of the tourist agency that he represents, within the scope of his authorizations;
- Act as an agent in providing additional services for travellers (sightseeing, cultural and sports events); and
- Perform other duties of importance to travellers and the tourist agency which he is representing, in accordance with the agreement. IV. TOURISM SERVICES IN BATHING AREAS Bathing Areas and the Manner of Provision of Tourism Services Article 46 (1) Developed bathing areas shall be indoor and outdoor swimming pools and beaches located alongside sea coasts, lake shores and riverbanks, which have equipment and amenities, as well as accompanying facilities. (2) Tourism services in bathing areas shall be considered to be the services of renting beach furniture (sunshades, sunbeds), water scooters, recreational kayaks, paddle boats, sailing boats, boats, sailboards, water skiing equipment, diving and fishing equipment and training for water skiing, diving, sailing in accordance with the law. (3) Tourism services in bathing areas may be provided by business entities, other legal entities and entrepreneurs on the basis of a permit to provide tourism services in the developed bathing areas (hereinafter referred to as the "permit"). (4) A receipt shall be issued in accordance with the law for the services referred to in paragraph 2 of this Article. (5) Bathing areas in the sea, rivers and on lakes where tourism services are provided must comply with the conditions concerning development and equipment, in accordance with the law. (6) More detailed conditions concerning development and equipment, types and conditions for using the bathing areas in rivers and on lakes shall be prescribed by the Ministry. Conditions for Issuing Permits Article 47 (1) A permit shall be issued to business entities, other legal entities and entrepreneurs if: They are entered into the CRPS for the provision of tourism services in bathing areas; They have proof of the rental of, or the right to use, a bathing area; They have an insurance policy in case of an accident in a bathing area. (2) The permit shall be issued by the competent local government authority within seven days of the day of submitting the complete application. (3) The data contained in the permit shall be entered into the CRPS. Procedure for Issuing Permits Article 48 (1) A permit shall be issued on the basis of a filed application. (2) The application referred to in paragraph 1 of this Article shall contain: The company name and head office, or the name and address of the applicant; The type and place of the provision of services; The period of the provision of services.
(3) The application referred to in paragraph 2 of this Article shall be accompanied by the following documentation: A rental agreement, or the right to use a bathing area; A photocopy of the insurance policy in case of an accident in a bathing area; A completed form for entry into the Central Tourism Register. (4) Proof of entry into the CRPS shall be obtained by the competent local government authority ex officio. Prohibitions Article 49 (1) The following shall be prohibited on beaches situated alongside the sea, lakes and rivers:
- Charging an entrance fee;
- Forcing the mandatory use of beach furniture;
- Renting scooters and other motor vessels, other than in places specifically designated for such a purpose;
- Keeping scooters and other motor vessels on the beach;
- The movement of motor and mechanical vessels within the waters belonging to bathing areas;
- The presence of domestic animals and pets, other than in places specifically designated for such a purpose;
- The movement and parking of vehicles;
- Restriction of access. (2) Notwithstanding paragraph 1 item 8 of this Article, access to special-purpose beaches may be restricted in accordance with a special regulation of the Ministry. V. TOURIST SERVICES IN NAUTICAL TOURISM Provision of Tourism Services in Nautical Tourism Article 50 (1) Nautical tourism shall include the sailing and stay of nautical tourists on sailing vessels, as well as their stay in nautical tourism ports or marinas and in other harbour facilities for the purpose of holiday and recreation. (2) Tourism services in nautical tourism shall be:
- The renting of sailing vessels with or without a crew, with or without the provision of accommodation services;
- The services of supplying nautical tourists (with water, fuel, supplies, spare parts and equipment);
- Navigation services for the sailing vessels of nautical tourists;
- The provision of various types of information to nautical tourists;
- Transportation of tourists in public transport by means of sailing vessels which are registered to perform passenger transport activity;
- Other services required for nautical tourism in accordance with the law. (3) The selling and booking of the services referred to in paragraph 2 of this Article may be performed directly on the sailing vessel or via a tourist agency. Application to Commence Activity Article 51 (1) Tourism services in nautical tourism may be provided by a business entity, other legal entity or entrepreneur that is entered into the Central Tourism Register.
