This Law shall regulate public relations arising in connection with mandatory insurance of the civil liability of tour operator or travel agent, and it shall establish the legal, economic, and organizational grounds of its implementation.
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LAW No. 513 OF 31st DECEMBER 2003 OF THE REPUBLIC OF KAZAKHSTAN.
CONCERNING THE MANDATORY INSURANCE OF CIVIL LIABILILTY OF TOUR OPERATORS AND TRAVEL AGENTS
AMENDMENTS AND ADDITIONS INTRODUCED BY: 1) Law No. 116 of 10th January 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Division of Authority Between the Level of the State Administration. (Article 5). Effective January 1, 2006; 2) Law No. 125 of 31st January 2006 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues Entrepreneurship. (Article 5). Effective date n/a; 3) Law No. 244 of 7th May 2007 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning the Obligatory Types of Insurance. (Article 7-1 introduced). Effective date n/a; 4) Law No. 59 of 5th July 2008 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Tourism Industry. (Articles: 1 replaced, 5). Effective date n/a; 5) Law No. 185 of 11th July 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Legislation of the Republic of Kazakhstan Concerning Payments and Remittances of Money, Accounting and Financial Reporting of Financial Organisations, Banking Activity and Activity of the National Bank of the Republic of Kazakhstan. (Articles: 5, 7-1). Effective date n/a; 6) Law No. 234 of 30th December 2009 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Obligatory and Mutual Insurance, Taxation. (Article: 7-1 replaced). Effective date n/a; 7) Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System. (Articles: 1, 5 replaced). Effective date n/a; 8) Law No. 30 of 5th July 2012 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Organisation of Activity of the National Bank of the Republic of Kazakhstan, Regulation of the Financial Market and Financial Organisations. (Articles: 5, 7-1). Effective date n/a; 9) Law No. 227 of 3rd July 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Improvement of Criminal Legislation. (Articles: 19, 20). Effective January 1, 2015; 10) Law No. 269 of 29th December 2014 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of the Cardinal Improvement of Conditions for Business Activity in the Republic of Kazakhstan. (Articles: 9, 12, 20). Effective January 1, 2015; 11) Law No. 311 of 27th April 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Insurance and Islamic Financing. (Article 7-1). Effective date n/a; 12) Law No. 376 of 29th October 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Entrepreneurship. (Article 5). Effective January 1, 2016; 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan. (Articles: 1, 2, 3, 4 replaced, 5, 7-1, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22). Effective January 1, 2016; and 14) Law No. 479 of 29th March 2016 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Reduction of Permissive Documents and Simplification of Permissive Procedures. (Article 17). Effective date n/a.
CHAPTER 1. GENERAL PROVISIONS
Article 1. The Fundamental Definitions Used in this Law
Introduced by 4) Law No. 59 of 5th July 2008 of the Republic of Kazakhstan. Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Concerning Issues of Tourism Business. Amended by 7) Law No. 461 of 15th July 2011 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Improvement of the Permissive System; and 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
The following fundamental definitions have been used in this Law:
1) beneficiary shall mean a person who in accordance with this Law is the recipient of insurance compensation;
2) travel agent shall mean a physical person or legal entity which performs entrepreneurial activity on the promotion and realization of a touristic product formed by the tour operator;
3) tour operator shall mean a physical person and (or) legal entity carrying out entrepreneurial activities, which obtained in accordance with the procedure established by the legislation of the Republic of Kazakhstan a license for the right to be engaged in activities associated with the formation of a touristic product, its promotion and sale to travel agents and tourists, as well as with the promotion and sale of the touristic product formed by a non-resident of the Republic of Kazakhstan;
4) civil liability of a tour operator or a travel agent shall mean the obligation, as established by civil legislation of the Republic of Kazakhstan, of the tour operator or travel agent to compensate for harm inflicted on tourists when rendering touristic services;
5) insured event shall mean an event in which occurrence a contract of obligatory insurance of civil liability of a tour operator or a travel agent provides for carrying out of insurance compensation to the insurant (beneficiary);
6) insured amount shall mean an amount of money for which the object of insurance is insured and which represents a limiting scope of liability of the insurer in the occurrence of insured event;
7) insurance premium shall mean an amount of money which the insurant shall be obliged to pay to the insurer for undertaking by the latter of the obligation to make insurance compensation to the insurant (beneficiary) in the amount as determined by a contract of obligatory insurance of civil liability;
8) insurance compensation shall mean an amount of money to be paid by the insurer to the insurant (beneficiary) within the amount of insurance amount in the occurrence of insured event;
9) insurer shall mean an insurance organization which received a license for the right to perform the insurance activity and is obliged in the occurrence of insured event to make insurance compensation to the insurant or other person in which favor the contract was executed (beneficiary), within the limits of the amount (insured amount) determined by the contract);
10) insurant shall mean a tour operator or travel agent which executed with the insurer a contract of obligatory insurance of civil liability of the tour operator or travel agent;
11) franchise shall mean exemption of the insurer from compensation of damage not exceeding a certain amount.
Article 2. Legislation of the Republic of Kazakhstan on Mandatory Insurance of Civil Liability of Tour operator and Travel agent
Amended by 13) Law No. 422 of 24th November 2015 of the Republic of Kazakhstan Concerning the Introduction of Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Issues of Non-Performing Loans, and Assets of Second-Tier Banks, Provision of Financial Services and Activity of Financial Organisations and of the National Bank of the Republic of Kazakhstan.
1. Legislation of the Republic of Kazakhstan on mandatory insurance of the civil liability of the tour operator or the travel agent shall be based on the Constitution of the Republic of Kazakhstan and shall consist of the Civil Code of the Republic of Kazakhstan, this Law, and other regulatory legal acts of the Republic of Kazakhstan.
2. Should an international treaty ratified by the Republic of Kazakhstan establish the rules other than those provided for by this Law, the rules of the international treaty shall apply.
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