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April 30, 2008

Gordian Iii

Gordian Iii

Argentina: Student Tourism

Argentina: Student Tourism

Aramburu and Santiago
Gonzalo Casanova Ferro

For students more

There are several theories that explain the origin of Tourism. Some of them spring from an anthropological fate, others speak of a psychic motivation and finally others try to impose a historical reading.

From this latter trend also other Spring variants, two lines cross the theoretical framework of those who dare to cast a hypothesis in this sense: there are those who identify themselves among the first tourists the ancient pilgrims who sought to contemplate some of the seven wonders of the world, those who identify medieval peoples who sought to visit places sacred and, finally, those who say that, currently, we should consider that the first tourists were students. Strictly speaking: "graduates". They wished, therefore, the seventeenth century upper middle-class London, people who, once they have completed their studies, they have begun initiated a return of the most important capitals of Europe, a history of the "Grand Tour". It was not entertainment or fun related activity, but a means to supplement their training, it consisted of knowing the people and their markets later in the face of professional a better way.

No matter how, here and throughout the world, tourism as we know it today, emerged in the twentieth century.

At first tourist trips could have been a product of the eccentricity of some rich man. A privileged elite connected with the need for adventure, free time or a simple way to alleviate boredom upper classes. But from the years 30, it did not take long to enter a period that spread like a working class right, the right assisted by the so-called welfare State Y based sun and beach "products (season and rigid packaging, for uninformed people). And he eventually became the NTE (Tourism New Era), which combines and exceeds the two stages (segmentation of the mass market, specialty products, systems protection of tourists, sustainability consciousness, etc..)

The paradox involves the recovery of tourism history, the old European habit will revive as a class legal and market such a southern landscape, we might even say that in more equitable terms, it would not be free of light and shadow.

We therefore propose to analyze what is meant by studying Tourism in Argentina, who are its actors and what is its role, through the most difficult cases and possible solutions.

Unlike our country, in the rest of the expressions of the world tourism "student" or "student Voyage "may represent:

A) A student trip lead by teachers and education with character
B) to certain services, organizations of a segment of the university (including teachers, too) willing to travel anywhere, normally abroad and more generally to study reasons;
C) the one made by groups of students, organized by specialized people, when they decide to visit historical sites, museums, parks, monuments, important natural areas, beaches, mountains, grasslands, etc. and allows them to know places in close collaboration and the activities they have hardly known through explanations of course;
D) one organized by youth scholars, who receive information via the Internet, who are motivated to life in a globalized world and combine their experiences Adventure Travel, study, work and rest. They travel to be part of an international touring;

What is meant by "student Tourism in Argentina?

According to the dictation of the law early 25599, it is understood as such under the art. 2nd holding that:

"For the effects of the current law, the student travel must be understood as:

a) Study tours: Training Activities Integrated proposal for school curricula, which are organized and supervised by the authorities and teachers of the institution concerned;
b) Graduate Travel: Tourism activities to celebrate the completion of a level of education or career, which are held with the parents or guardians of students to participate, to recreation and entertainment, independent of the proposal curriculum of schools and without prejudice to the completion of minimum days of attendance by the school calendar for each jurisdiction education. "

Needless to say that the previous definition was the subject of severe criticism. On the one hand, it seems excessive to include without any warning study tours, for a stricter interpretation of the standard would require school trip should be mediated by a travel agent, regardless of length or distance. On the other hand, the analysis of the second clause, it is said that the guardians of the formula "The participation of parents or students" becomes too open, giving rise to confusion or ambiguity. Anyway, this is not our intention to resolve here, but only to state that perhaps this particular standard requires reconsideration of some.

Anyway Regardless, the "Student Tourism" category is a legislative creation adjustment for Argentina, as in other countries may be mistaken or for "Youth Tourism", to cover for vacation this segment, or "tourism exchange students, that is to say, students of different nationalities who move from one place to another to get the experience of a foreign language disorders or different educational system. What we call the "Student Tourism" on the other hand, implies a very rare, if it includes the study and graduates travel, is associated with the latter category, with the winter season and focused on one destination: Bariloche.
For decades, the fate of the "Student Tourism" was San Carlos de Bariloche, Province of Rio Negro. Nowadays nobody doubts his position in regard to student travel, mainly for the second cycle (polimodal or secondary) of our education system. This, without prejudice to the future of the market economy or currency reasons, to lose its leadership, if new destinations for this segment has shown.

Offers the same attractions than any other urban center: good housing, gastronimy varieties options places of dancing, etc., but combined with stunning natural scenery. Founded in 1902 and with imporved design by architect Alejandro Bustillo in years 30, the city has grown up surrounded by the beauty of the Nahuel Huapi National Park, geography chain of forested mountains and natural lakes that are ideal for skiing, climbing, hiking and similar activities.
In the early 60s the city abandoned its Bavarian Alps styleimprinted on it by the architect German Hacker and vertical development began7. The 70 and 80 were responsible for placing this variety of sports to reach the middle class helped by large carriers who saw an opportunity to travel to higher education. His leadership reamins since then, despite intervals because periods of rising economies in which we compete with international destinations (especially Brazil) or in times of crisis, as the time current, where the options of a second, like Villa Carlos Paz, Cordoba are taken into account. Despite this, Bariloche is now overwhelmed during the winter (June / July), coinciding with school holidays in most countries.

Applicants and their roles

There are five applicants who participate rental of "Journey to the Development of Students'

Schools
Students (and their legal representatives, parents or tutors)
Service back to sleep / renderers
Agencies authorized to operate with the Student Travel "
National Secretary of Tourism
The local tourism

Schools deal with general travel graduates as an issue that requires special treatment.

At one extreme, and in order not to share responsibilities, not only developers are not allowed to enter the facilities, but pupuils also parents and informed that the provision of services is their own responsibility and risk even more, the participation of teachers is discouraged and if travel coincides with days (outside the winter period and holidays) absenteeism is recorded.

positions Moderate try not to intervene in the negotiation, but to control the trajectory of the Agency / s offering instead. They suggest not to participate teachers but also parents or supervisors, as well as assistance to the group of students traveling.

Finally, as an exception, there institutions which contradicts s.1 of Act 18,829 Travel Agents and 118/05 s.18 of the resolution, to organize their own trips graduates, usually by underhand methods or through a teacher who "covers" Forthe institutional offense. 118/05 Reslution envisages only an exception in Article 17 and it is proposed that the trip should take one day and he does not spend the night.

Since the payment of these kinds of trips are made in installments for a year, students begin to plumb cantract organizations during this period. In this sense, the experience Graduates of the year before is usually high, but not determinig. Some groups say yes and others to reach consensus with their parents. In Argentina, the age of consent is 21 and exceptionally some acts are allowed to 18. The average age at which students normally consider traveling under that age, and therefore their parents or legal guardians will be those who will eventually sign contracts with the agencies. In addition, in the case of some HTE educational travel age allowed is less than 14 years.

Service back to sleep are the direct service providers, managers of the hotel carriers, foodies, skii instructors, trainers, fotographers, etc. The agency maintains a business relationship with them, almost permanent, as it allows finance costs of a better way OT provides a volume and continuity. When the term "optional" calls (everything is sold and address of the student) is an important part of the company. Needless to say, in many cases, the economic situation (types of currencies particular) may determine to go back to sleep on the local market of neglect, create distortions or weaknesses in the agencies of Argentina working in the segment of the student.

For the travel agency to be able to operate in Argentine territory, it must obtain a temporary or permanent, which must meet certain requirements:
A) have the functional structure, ie phisical facilities and at least one competent registered contract (a PHB Tourism), who will be responsible for technical aspects of the Agency.
B) To have the relevant permit precarious and provisional license.
C) he or holders of the company have no criminal record or commercial prevent them from trade.
D) To establish a Guarantee Fund generally consisting of a fidelity bond depanding the tipe of the agency and location.
E) and, finally, that the holder is registered as a Trader if there is a single operator, or activity described in the object, if it comes to a partnership.

The Travel Agency which also seeks to organize graduate must first travel obtain a "certificate of authorization for national tourism organizations of students, which also means they must give a life, accident body, a public liability insurance, and another for comprehensive medical care for each member of each contingent of students, which covers risks from the beginning to the end of travel. On the other hand, they must also submit an annual affidavit with the following information:

a) the office staff – the main and branch offices, who will wait in this environment,
the field of tourism student, with data staff and the specific function;
b) date of birth name, identification number and address of people who will take resposibility, coordinate and control the execution of compromise in travel destinations. They must also give the address of each place where they will complete their activities.
c) the programs available. A summary Sinthesi services they provide, giving the name and address of the service back to sleep different
Hotels, airlines and tour managers, giving the exact amount of Palca a contract with each of them. flyers and equipment should be attached;
d) A list of persons responsible for the coordination of destinations and the coordinator of the group must be over 21, giving name, ID number and address, schooling, years of service in the business;
e) A list of sponsors of each company, the name, they must be over 18, the identification number and address, schooling, years of service in the business;
f) persons authorized to sign contracts.
g) The holder of the Agency must make a certified copy of the model contract that they will use for the sale of services;
h) insurance policies for liability, personal accident and medical aid;
i) Quantity services scheduled for the current year, sold or reserved, indicating the expected date of departure of troops, school they belong, destination, hotel where they will be accommodated in the transport they use and all services included with their certificate of qualification issued by CNRT. They must clearly specify the quality, type and category of different services. Similarly, unless it is a question of year activities begin, they must submit a report with statistical information from the previous year activities.

8 Although the resolutions talk about categories according to the organizers or traders, this is not strictly like that since the categories must be interpreted in conjunction with an edict of the law that regulates 2182/72 18 829, which takes into account three types of organizations: Tourism and Travel Company (TTC) Tourism Agency (TA) and the Agency for tickets (TA).
9 The regulations do not take into acount some limitations that belong to the insurance legislation related to minors and the operation of trade conditions.
As mentioned previously, the method of trade is to advance slightly and documented in the act, which generally standardized model can be downloaded from Internet10.

In terms the National Tourism and National Student Law11 Law12 Tourism, the national secretary of tourism is the enforcement authority. He is responsible to establish national policies for the activity under the Federal Strategic Plan for Sustainable Tourism. It is to this institution that require travel agents license it, the agency that handles files and acts as a controller, able to impose sanctions for violations and / or non-compliance with standards that govern the activity, the extent of the power to immediately revoke certificates issued to violators.

The local tourism often more able to act as the controller of the tourist destination and acts in some provinces, they have the largest department. This is Therefore, in many jurisdictions are inspectors htemselves local authority and control not only, but also the hotel, food, local dance and other sleep again. In the good case of the mayor of San Carlos de Bariloche three standards governing:

• 1396-CM-04, which organizes modulated terms and scope of services of a "Student Tourism Certificate" It provides businesses borrower.
• 39-I-06 modulator which requires an affidavit suppliers and customers.
• 1026-I-06 modulator which calls for a registry entry in the AFIP.

Far everything seems to be reviewed and controlled; nevetheless market situation can sometimes lead to surprises: the companies that close their doors for reasons uncertain and leave hundreds of tourists stranded or on travel.

Strict agencies and relatively speaking, when the collapse because of fraud or bad Directors are not so much. Over three thousand eight hundred registered organizations, only two hundred and fifty eight13 are qualified to trade "Tourism students' 14 and out of an average of two per year in the lat five years of record sharp drop for the reasons mentioned above, yet the feeling of impunity and cause such distress No society, in collaboration with the media multiplier effect, creating a sort of public outrage, while understandable.
We will describe, then, four cases (probably the most notable), where the civil administration seems to have learned to solve the crisis caused by different organisms that have stopped working unexpectedly. Thus, preventive measures on the
society, respect Course and about to leave, passengers, coordination with
directly back to sleep and local authorities, negotiations with other agencies, etc. are

10 www.turismo.gov.ar
11 Ley 25997
12Ley 25.599
13 The figures in January 2006 provided by the Secretaria de Turismo de la Nación (Argentina).
14 Bulletin No. 196 of Cámara Argentina de Turismo (CAT) cited a report 12.10.2005 Secretaría de Turismo de Rio Negro, stating that "business leaders earlier, those of Rio de la Plata and El Rápido Argentino did not survive the economic crisis and today, companies that bring Most students (Bariloche) are Rock and Flecha Bus Travel, which will take and render services to 40% of students.

Non optimized not because the regulations providing for them as a tool or a retaining wall adjustment for these kinds of situations, but because the phase of the Tourism and continuity as state policies have enabled. Our concern, then, is that these prodeedings did not correlate normative and therefore "the solution" was more operational than institutional.

The Río de la Plata Inc. Case

Río de la Plata Inc. were two companies: Rio Transporte Inc. of La Plata and Río de la Plata Tourism Inc. both had a travel agency license, however, from 1997 the first was withdrawn and that he was running. Río de la Plata Tourism Inc. not only the prestige of being long in the market but also she had an infrastructure which enabled it to cover transport and hotel services with their own units and housing.

In August 2002, an incident presaged collapse of one of the largest operators in the tourism student. A group of parents, pupils and teachers have taken ownership of a building in Rio Plate society inBuenos Aires in response to the notice they would not be able to travel the next day because of a broken bus.

Twenty-four hours later, the problem has been resolved, but doubts were already there.

In November 2002, and specifically two hotels in Rio (Austonia Austonia Inn and III), the union workers went on strike, causing a series of violations of the student who were already at the destination. Reports were immediately given to the City of San Carlos de Bariloche and the National Secretary of Tourism (Hotels, since execution is local expertise and travel agencies is federal). The strikers have threatened to block access roads Rio for buses.

The decision by the company of a sudden change in the management and closure of several branches caused initiaion administrative proceedings in December of that year, in January 2003, it was quite obvious that the company would not be able to cope services, so that the Secretary of Tourism has issued a measure15 precausionary: living functioning without prejudice at the request of the Agency to carry of all functions, but to restrict it to operate in the future. In the meantime, suspicions of fraud were evident for everyone and criminal courts as intervened16.

The media and society in the issue of wealth in facts than in the atmosphere national policy, to enter not only the agenda of several members, but also in the President (Mr. Eduardo Duhalde) and since it was convened by the Council of the City Council in Bariloche manage17 resolution of conflict with workers in the Rio de la Plata, which had the city in their power.

Passengers who had not yet made have been assisted by other agencies, in some cases accepted some payments precedents, and in other cases had to be negotiated for days of stay or the amount of services or both.

15 79/03 College.
16 N º 31 ICC Secretary No. 119.
17 Resolution No. 004-PCM-2003.
In November 2003 auctions were launched hotel directed by the Board of Rio Negro18 work, but it was not until 19th September 2005 bankruptcy was petitioned19.

The LAPA Estudiantil Inc. cases – Air Generation

LAPA is a unique company, but composed of two different Coporation, LAPA LAPA Estudiantil Inc. and Inc.

Early Roumors 2003 on the financing of airlines were absolutely alarming labor protests have been escalating. Some reasons members Council were in the air and fuel prices, Beet said, the taxes levied on it, the taxes left this and other airlines very far from the line profitabiliy (already difficult enough to achieve any aerospace company).

The responses agencies of this situation were dissimilar. The Secretary of Transportation, Shich was perhaps the appropriate body to offer an alternative remained calm, while the Secretary Tourima instead chose deferthe renewal of the allowance for operation in tourism student (a method prevention for these cases).

In May the documents dramatically announced "Privatization and directors of the company disappeared without explanation – LAPA could leave 1,200 children without their diploma Journey "20. None of them were exactly like that, nor the directors have disappeared, nor that the graduates left without their trip, in fact, in October of that year (paying a $ 85 difference and with arrangements made by the Secretary of Tourism), the last contingent travelled21, however prior to obtaining these results, the comings and goings between the tragic and oscilated grotesque.

Parents protest outside the office of tourism Scretary, licensees and consumers of the Council of the legislature of Buenos Aires, negotiation and demanding a solution to the National Executive Power, by offering Aeroandina (main shareholder of the company) to reinvest and renew the flights, if and only if the government blocked fuel prices (U $) $ 85 by LT., which enables them to increase the scale of rates at a 20 22%, stay preventing their license23 for a long sequence of irregularities committed by society, journalists who took the proceedings irreparably insolvency24 for bankruptcy, the uncertainty of those who paid a portion and fears the trustee would claim the rest, and the opening of a criminal case eternal.

18 Nair Marco Aguilar and others with Automotores Transportes SA Río and another without records.
19 N Court Domestic Trade No. 25 Secretary 50.
20 newspapers Clarín, 24/05/2003, Constanza Durán.
21 newspapers Clarín 02.10.2003 Otra Empresa hizo cargo is 800 chicos
The Graduates who have not been taken by Travel LAPA.
22 daily tours Messenger Feliz domingo para todos June 9, 2003
23 Order 487/03 of the Secretaria Turismo de la Nación
24 It was not until March 2004 that the 8th National Court of Commerce No. 14 28 Secretary dictated the company `s bankruptcy.
All this causes a huge waste of effort and provisions and answers that are out because of a complaint and civic good will of some officers.

Case No. 5 Five areas

The same as the previous Cinco SRL Areas (Five Areas limited liability company) is a company specialized in organizing trips for technical graduates.

It worked normally, and has not have criminal records too which leads us to predict what happened later. Moreover, the paradox is that managers of the company had six reports made against the various organizations that seek to make them meet the current regulations tourism.

It has seven branches across the country, which implies a more or less solid, in order to mobilize every year, and even they do, a large number of students. And according their back to sleep, he was not the amounts of money.

Thus, on time, he came to the unexpected, one weekend the main office is located Ciudad Autónoma de pensions. As. and seven offices in the Branch allocated for cities: Gran Bs. As., Córdoba, Salta and Mendo had been completely emptied without warning.

In December 2005, Monday 19 all newspapers mentioned the disappearance of managers Cinco areas without leaving Trace and after leaving their offices completely empty. For students, parents, sleep again, the authorities and very surprised employees, who feared reprisals, managers of the company has disappeared, leaving more than 850 children stranded in San Carlos de Bariloche city and with no possibility of return. This added to the passengers on the next point of travel, and some other 1200 approx. Who had already begun to pay the installments of the trip would 2006.

The same day, the new appearance, the national secretary of tourism has corroborated the above mentioned situation with a record of inspection, and declared the revocation of license of the company for its lack of operating structure (Resolution No. 156/03), trying to manage the situation.

What later happened was continuous and the parents and student complaints, particularly in the province of Córdoba, since most students have been injured from there.

In less than a week later, students who were in the city of Bariloche and those who were about travel have seen their dream. Some tourism companies, national secretary of tourism and tourism Agency of Córdoba (province entity in charge of tourism) combined, interceded for the implementation of contracts Areas Cinco after negotiation with the rendors25.

25 daily Clarín Thursday 22 December 2005 Platia Marta.

Until now, there was still a problem to solve, that of those who started paid in 2005 are planning to travel the first half of 2006. Once again, some have decided to close the negotiations to abandon the price and / or services, and other conversations continued trying to improve their situation.

The cycle repeats itself. On the one hand, administrative complaints before the imposition of quotas controller made by several damaged, as well as by the verycompany of emloyees.

On the other hand, the question legal relationship with the criminal reports (during treatment), launched in different parts of the country against the holders of the company under alleged fraud.

And, finally, the real solution, ie, different alternatives to the injured party will have and, as the context time and the will of those they negotiate.

If Zaiga Travel

Tours and Travel LLC, was created as a company oprating family under the trade name of Zaiga Travel. They focused on the student travel for many years, apparently without problems at all, in fact, in AHD 2005 inspections were made and the agency was in order and in accordance with the regulations. One day before the official announcement of the company informed its tenants that they would not give further payments, since they were not able to meet the expectation of compromise due to problems Financial. The affliction spread over the 6000 which involved gradually consciousness.

Most of them saught a response from the authority Authority: The National Secretary of Tourism and others have urged the Government itself.

After meetings between the National Secretary Tourism and many local businesses, it was announced tha Fleachabus Travel Business and Tourism in collaboration with their back to sleep service would provide programs Travel news specially designed to care for the well-known situation. 256 troops damaged, the majority accepted the new offer.

In regarding administrative procedures, they were initiated March 15, 2006, and was dictated by Rule 453/06 of the National Secretary Tourism, the stay of the agency operations and the opening of administrative records, for alleged violation of Art. 8a of the Act Travel Agents (18 829), which would end with the cancellation of the license. The same day, criminal cases were opened for Crime and reform Bureau, and the Court 19 ° was chosen, where 13.888, with the District Attorney N30.

Synthesis

From experiments mentined above criteria can be drawn:
A) From a legal perspective: the case of work will be maintained as long as it has proceeds with the case of Rio, there are many. If, however, a discharge takes place as in the case Cinco areas, it will be maintained, but there will be no payment. If trade will surely end up in bankruptcy, and the administrative procedure eventually fined and closed. In criminal matters, on the other hand, will be in dalayed time because it is usually very difficult to prove fitness for a criminal nature.
B) From the perspective damaged: Whatever their situation, they will be subject to affliction or uncertainty peculiar to those who endure malicious maneuver. In fact, those who had not travelledend up hiring another company, giving up any part of the previous earnings, comfort, days tours or a combination of the foregoing.
C) market and the political point of view: the time between event and the different solutions for each Applicants weakens the whole system. Then, through charges between institutions, companies and holders are the perfect setting for things unchanged.

In search of a solution

"The truth is never wrong … but "inevitable, as the song says. In other words can predict everything? Yes, it is possible that we can not do is to avoid it. That is to say, we have the best road legal, we can have a good signage, traffic lights and sound a good cop at every corner, and will not prevent someone from breaking speed all these precautions. Can I prevent someone from emptying a business? someone fleeing to avoid resposibility? someone maladministrating a business, it leads to bankruptcy? Certainly not, we can avoid nuts its not inconsequential, well that obviously we are faced with a negotiation between private parties and that, beyond sharing setback we are still grappling with luxury service. This does not prevent us from understanding that, as Dr. Tale26 emphasizes your travel graduates should not be treated like any other trip, but as a single episode and as such it deserves when upset courts27 guardianship.

So far, it seems that when tourism Student Agency violations of the contract (whatever the reasons), the logical thing to do would be to seek assistance from the Guarantee Fund, as the article 13 of the Act 18,829 comtemplates:

"Violation Article 6 of the Act in force shall be punished with up to stay Opara Standards the guarantee fund. The penalty is cancellation of the permit and closure of premises if the fund does not regularize in a period of six (6) months. In this case, the balance the fund should be applied to compensate for violations of contracts. "(The sentence in bold letters is ours)

Camilo 26Tale, Travel Contract Vol II. Editorial Hammurabi Aires Aires 2005
27Civil and the Chamber of Commerce. La Plata, Room II, 11/03/1993, "Lucero, Carlos y otro v. Tur Quilmes SA, JA, 1994-I-232.
But for that, there are two obstacles to solving difficult without an act Amendment: the first is the amount and its estimate, the second of its establishment way. Criteria for determining the amount of coverage are established by organization type and location, and not by
transaction volume, which gives smaller numbers are difficult to update and when it comes to compensate for a serious offense, they would not even pay for the process. Regarding the way we have already discussed the fund is normally composed by a fidelity bond which determines, as Dr. Benitez28 stresses that before the inability to determine who should travel, the Secretary of Tourism becomes the beneficiary of it and thus allows room for interpretation that it can be used to pay fines, which impedes the essence of the rule.

Beyond general complaints to reduce the terms of presales, the debate talked about looking for a definitive solution is immediately apparent. Members of Congress took command, and several projects have attracted the attention of the respective boards of tourism:

a) The project pushed sector29 by Congress and private
Heredia (PJ – FPV Córdoba) proposed to amend the Law 25,599, allowing the AAAVandT30 be that of Travel agencies categorize students and administer a Guarantee Fund ad hoc.
b) The UCR has recovered a porject previous year already
presented by Congresswoman Beatriz Leyba Martí
(Córdoba) 31 and introduced another by Silvana Giudici32
(Capital), where an "emergency fund for student travel is
created, integrated by 3% of agencies will deposit over
services and programs charged value.
c) The Tinnirello Carlos A. project and others by the social
Meeting net capital Federal33 proposed a currency board Savings
Elusive to be opened by Banco Nación for each
quota within the same time.
d) Eduardo Bernardi, MP Chubut (PJ – FPV) 34
suggested that contracts for student travel will be approved by
Client Protection secretary, to whom he
should also be subjected to questions raised by the consumption realted
offenses.
e) The ARI, on the other hand, with Ariel Gorbacz as an intermediary
proposed the establishment of a Trustee35 established in a bank
chosen by the students themselves.

But in reality, regardless of the proposed solution would not be possible unless the necessary faculties were given to the enforcement authority (As far for demanding guarantees for the taxation beyond the current year).

28 Kemelmajer de Carlucci, Aida and Benítez, Diego. Tourism Law and Regional Economics. Rubinzal – Publishers Culzoni, Buenos Aires 2003.
29 File No. 3007-D-2006 / Procedure Parlamentary 64
30 Asociación Argentina de Agencies Travel y Turismo
31 File No. 6874-D-2005 / Procedure Parlamentary
32 File No. 339-D-2006 / Procedure Parlamentary 22
No. 33 folder 2874-D-2006 / 61 Parlamentary Procedure
34 File No. 1484-D-2006 / Procedure Parlamentary 25
35 File No. 0862-D-2006 / Parlamentary Procedure 16
The ruling clearly felt the need and acted accordingly. The legislative debate in the Lower House has not proved so hard. Over 153 delegates present voted 136 in favor of the majority opinion, only 13 for the denial and 3 abstentions. In
Upper House of the procedure has been faster than the previous.

The New Law

The draft amendment to the Law on Tourism students urged by 25,599 Partido Justicialista36 sanctioned December 20, 2006 by Law 26,208 is made by only nine items that constitute the basis for access to a solution Defenition.

The first section replaces section g) of Art. 5 ° 25.599 law requiring that, in the affidavit given by those who demand the corresponding certificate they report the number of scheduled services, sold or reserved, without restricting the information to the current year as previously. In addition, it requires that we clarify data not included in theoriginal text: total cost and by quotas.

The second section replacement Article 6 Law 25.599 imposes a period of 15 days working on organisms that communicate the changes to their affidavits, that the requirement to submit Assent generic art. 10 ° Law 18,829.

The third article supplies for paragraph d) of Art. 7 the Law 25,599 and warrants a rather confused. The original text stated that the student travel service contracts of sale should hold among other requirements, the following: "a reliable certification of insurance for each of the contracting parties, liability, life, accident and full medical care coverage, including details of data from insurance companies contracting. "The impossibility of taxing life insurance on minors and the lack of a product to cover complete medical care makes it impossible to meet these demands. Thus, this reads as follows: "a reliable certification of contracts for each of the tourists who are the student contingent of the personal accident insurance which covers death and total or partial, permanent or temporary disability risk for medical and Asistance farmaceutical. Explaining that regulations may require further portection instruments in all cases, they must cover the risks of phisical Biginning at the end of travel.

The fourth paper is cutting the Gordian knot by incorporating clause e) to Article 7, it must be said, forcing the agency to add their contract of accreditation have established sufficient safeguards which should correspond with the final amounts Envolved services. Thus take a census of the declarative nature of guarantees of enforcement authority may ask who are the following: a) trust, b) heritage, c) banking, d) financial, e) deposits, f) security assurance.

No. 53/06 36File

Similarly, the 5 art. Bring another innovation, the sustitution art. 10 °, which even if it takes support the authority of the National Secretary of Tourism, it is in reversewith established in Hereby decrees 1013-1002, already noted in paragraph b) of Article 10 and Articles 11 and 12 of the original text (in particular, the first jurisdiction in the granting of two customer Protection to resolve issues consume under the terms of Act 24,240 and additional rules). Hereby decrees based on the principle that the rules take precedence over general rules.
Finally, Art. 6 ° sustitutes Art. 16 ° and transforms to cancel the National Authorization certificate Student Travel Agencies "for agencies to break the law of limitation; certificate issued by a faculty on how difficult the process of closing an agency can be, and the need, even in a process of closure, some satisfaction compromises assumed. It applies the maximum penalty provided for in art. 10 of Law 18,829 and entitled to aggraviate up recurrence cases fivefold, in agreement with what was envisaged in art. 15 ° of the Regulation.

The rest of the course is related rules.

To summarize: Resolution 237/07

We still had the challenge of finding a solution that ensures student travel without impose standards that in turn produce the opposite effect. A solution that has prevented the implementation of minor risk of the operation and it back to the business environment.

This soluiton was provided by Resolution 237/07 dictated by the Secretary National Tourism which finally regulated tourism students. This involved restructuring a) the requirements demanded of these organizations who wanted to work with tourism students. B) the terms of the contract. Besides C) To establish a private trust managed by nation Trust37 D) To change the insurance plan E) To establish a new arrangement for coordinators and F) to set future obligations

A) The main changes introduced in the general conditions of a certificate for agencies who want to work with tourism students were:
• To remove the term dates, being the possibility to ask for it whenever necessary.
• Require affidavits annually update the information contained in the file of student travel.
• To submit a certificate of each contract service agreement of each back to sleep and in the case of traders compromise must be submitted by the organizer.
• Every two months a certificate of currency of the negotiations must be submitted.
• Operators must submit a copy of adherance to the Trust.
• Operators must submit a copy of the mandate of the organizer whether they can act on its behalf in their contracts.
• They must include a model of the coupon book they will use.

37 www.nacionfides.com.ar

• Must indicate whether the contracts will be concluded before 60 days since the start of the trip and whether the study tours will be done.
• Those who say the conclusion of contracts with more than 60 days anticipaction before submitting Travel:
? certificate of pre-purchase or ranked bail insurance policy and / or
? A letter of intent to register their disposal to make reference to a banker and / or
? A letter of intent delivered by a mutual guarantee company law with the authorization of the Banco Central de Argentina La Nación
save them for this type of reference

B) The contract terms require that:
• Services included: transportation, accommodation food, day trips with the exception of assets and / or adventure tourism and insurance.
• Within 30 days after the consumers the signing of the contract agreements should send the contract travel agent quota.
• The agent must enter data in the application of contract recording system with a password specified by the certificate.
• Consumers should have access to the system to check their contract.
• The agreement is to be improved in the payment of ZERO EDGE.
• slice zero must be 6% of each contract, which the coupon will be given by the agent and each passenger will be able to pay the Banco de la Nacion Argentina and Rapipago branches.38
• special installment for 2006 moves only raise the ceiling of 1.5% of the market open already signed.

C) Regarding the trustee concerned:
• It must ensure obligations for breach of contract
• Organizers must sign a contract as trustee of the private management
• The percentage of the amount of each individual contract will be 6% of it.
• The contribution shall be established in lawful money deposited in the account under the name of Fondo de estudiantil TURISMO determined by the fiduciary.39

D) The insurance system has been adjusted for the following parameters:
• Responsibility Civil
Total: one hundred thousand pesos (100,000 dollars) to a minimum.
Range: all countries Argentina (including foreign destinations where deal with them).
minimal risk: liability. Fire, lightning, explosion, electric shock, gas leakage. food supply. vehicle liability in the third.

38 www.cuotacero.com.ar
39 www.turismoestudiantil.gov.ar

• PERSONAL ACCIDENT + Additional Coverage
Total: fifty thousand ($ 50,000) minimum.
Additional Coverage: five thousand pesos ($ 5,000) medical and pharmaceutical Aid policy.
Scope: The Life and permanent or temporary disability insurance for each full or partial consumer tourism.
• TRAVELERS'ASSISTANCE
Total: Five thousand pesos ($ 5,000).
Range: emergency, registration and accreditation of prior authorization Superintendence of Health Services.

E) The group coordinators must meet the following contitions:

• over 21 years with an intermediate level or finish high school.
• criminal record and the second offense certificate issued by the national Ministry of Justice and Human Rights human
• Certificate of good conduct issued by the coordinator's home the police.

F) Finally, the travel requirements are:
• To have a coordinator every 35 or fraction of consumers.
? A complete list of the quota system-supplied IMPLEMENTATION OF TOURISM OF STUDENTS
• Copy of the contract agreed with each quota
• Personal accident cover certificate, medical and pharmaceutical aid record Travel
• Medical records completed by the family physician of each tourist

As you can see, the mission of the STUDENT OF TOURISM fund is to reimburse the consumer representatives to the difference between payments to the travel agents and services rendered by another trustee, to which the would sleep again thanked the payment made by the travel agent damaged. But for this to happen, it was necessary to establish clear reasons:
1. Trip cancellation for causes not related with consumers, force majeure or emergency wihthout
2. Travel agent manifestation of the violation of its bonds
3. travel agent defaults rights assumed with service back to sleep or cancellation of reservation services contracted
4. The facts or omissions causing the uncertainty of the presumption of the violation or travel
5. If any of the foregoing occur, and SECTUR expensive and for reasons of emergency and determine under the powers conferred by art. 37 of Law No. 25997 and other regulations effect.

Changes in regulations STUDENT'S TOURISM

Issue Date Rule
Res. 24/04/1987 135 students Tourist information in enforcement authority
Res. 159
Repealed by Res. 187 and ratified by Res. 118 12/04/1989 Extension Requirements
Law 25599 5/23/2002 National Tourism Act Student
Decree 1013 13/06/2002 Observaciones lye Nacional de Turismo Estudiantil
Res. 175
Repealed by Res. 187 and ratified by Res. 118 29/01/2003 Devicing certificate and instruction set
35 of the Act
Modernization Management and Competitiveness – Repealed by Res. 187 and ratified by Res. 118 02/24/2003 Devicing model certificate
Res. 187 repealed by new requirements 03/09/2004 118 for certificate
Res. 118
2/8/2005 certificate delivery system
Res. 987 08/24/2005 Amendment to Res. 118 fee for making submision days of application forms.
Res. 274 22/03/2006 Amendment to Res. 118 States that have asked for certificates must be issued in March 2 of each year or the next business day.
Res. 451 12/05/2006 Amendment to Res. 118 requires affidavits in submision sesrvices bound for the next year and application forms difered for 180 days.
Act 26 208 12/20/2006 Amendment to Law 25599
Res. 03/15/2007 237 Passes New Rules for tourism student

About the Author

Gonzalo Casanova Ferro – gonzalocasanova@hotmail.com

AAYN Episode 52: Group of Four Ancient Roman Imperial Denarii, Gordian III

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