The parties agreed on the need to introduce changes to legislation in the field of outbound tourism

At the site of the National Chamber of Entrepreneurs of Kazakhstan "Atameken" was held a meeting on insurance of civil liability of tour operators and travel agents, and compatibility of the insurance system with the activity of the fund "Kamkor Turistіk". The meeting was attended by representatives of the Department of Tourism Industry of the Ministry of Investment and Development of Kazakhstan, the National Bank of Kazakhstan, Association of Insurers, Association of Financiers and tourist business community. The moderator of the meeting was Deputy Chairman of NCE Yuliya Yakupbaeva.

"We are considering the abolition of insurance for travel agents, as they are, in fact, only sellers of tourism products and the risks associated with the formation of tourism products should be put on the tour operators. Together with the National Bank we are working on a comprehensive list of risks, which is covered by insurance. For travel agencies, working in the field of tourism, we also want to cancel the ICL - it is also a measure of support", - said the deputy director of DIT Temirgali Tyrmyshev.

Director of the Department of the Insurance Supervision of the National Bank of Kazakhstan Zhanat Kurmanov, in turn, noted that civil liability insurance for travel agents and tour operators should be voluntary.

"We have studied the international experience and suggested another approach that should be discussed with the market and the government – change of the concept of the draft law with the transition to the insurance of travelers directly. The idea is that when we insure civil liability of tour operators, it is not very clear for tourists. Risks are not defined, the insurer's liability is limited, regardless of how much tourists does the tour operator send. In this respect, if the amount is large enough, it is necessary to increase the liability of the insurer, which affects the cost of insurance", - he said.

 After the speeches of the officials, the floor was given to the market representatives. They briefly and clearly expressed their position and proposals.

"With regard to the abolition of insurance for civil liability of travel agencies - it's a good idea, the market supports it. This should be on a voluntary basis. With regard to the abolition of civil liability, I think it's premature. This item should remain ", - said Aigul Satzhanova from "Helios" company.

The representative of the travel agency “Eurasian Express” Natalia Zhulanova spoke in favor of voluntary insurance of civil liability of travel agencies and tour operators. "Now, really, is the rare case when tourist market and insurers have found a consensus. And they both want very speedy abolition of compulsory insurance", - she said.

Kanat Eleusizov representing the Independent association of businessmen, supported the voluntary insurance of tour operators. "If something happens, the tourist does not go to a travel operator, he will go to the travel agent, and it will make a complaint. It is necessary to protect the travel agent in the first place. A tourist will say: I gave you money, not the tour operator, he can sue and it will be correct", - he said.

Eleusizov drew attention to the issue of early booking. "Fraudulent acts are committed here, when huge amounts of money are collected and then they cheat population". And the tourist firm disappears abroad. Here you need to consider carefully how to protect the market from fraud", - he said.

Summarizing the discussion, Yakupbaeva noted that all parties agreed on the abolition of compulsory insurance of civil liability of travel agents and the gradual transition to voluntary insurance, and insurance of tourists.

"We still have a lot of questions for bank guarantees. We held meetings at the site of the regional Chamber and KTA. At present, we do not have a single form of a bank guarantee, a single regulation. Do we need it? "- she asked the audience during the meeting.

The representative of the Association of Financiers of Kazakhstan Yerlan Burabayev replied that each bank has a separate standard form. "Here the question whether it meets expectations of the Fund "Turistіk Kamkor", - he added.

Yuliya Yakupbaeva stressed that it is important, whether these bank guarantees satisfy the competent authorities - the Ministry and the National Bank, which will check the activities of the Fund. "I think it is necessary to work with the banks, to inform tour operators on the cost of the guarantees. The second - in general, which banks provide these services, which - not. The third - what should this guarantee contain so that it really works, and it is not a formal one", - she stated.

The representative of “ForteBank” Isaykin Alexander described the situation in terms of the banking community. "We have a number of questions to the issuance of the guarantee: it is not defined in the enforcement of which obligations, a bank provides a bank guarantee, not identified cases and the order of execution of these guarantees. In addition, the law stipulates that the original or a certified copy of the guarantee is provided to the Fund. The bank may return the guarantee, if the principal provides the original of the guarantee. Accordingly, we can close it, and the Fund will think that the guarantee is still in effect. We think it should be regulated by law, on what basis should we grant these guarantees", - he said.

Yakupbaeva fully agreed with the arguments of the speaker. "For the issue of a bank guarantee, we should have a separate legal act, in which everything has to be regulated. To do this, we need to make a reference in the law", - she said.

On 2^nd of December this year is scheduled meeting on outbound tourism, which will be chaired by the Deputy Prime Minister of Kazakhstan Askar Mamin, at which NCE is planning to announce the need for changes to legislation in the field of outbound tourism, with the need to improve the mechanism of functioning of the system of guaranteeing the rights of citizens (on the proposals of the tourist market), as well as the improvement of security mechanisms.