Argentina: Student Tourism

Argentina: Student Tourism

Santiago Aramburu and
Gonzalo Casanova Ferro

For ever and students

There are several theories explaining the origin of Tourism. Some of them emerge from anthropological fate, others speak of a psychological motivation and finally, others try to impose a historical reading.

This last trend other variants also spring, two major lines pass by the frame theorist who dare to launch a hypothesis in this sense: there are those who identify the first tourists among the ancient pilgrims who sought to see some of the seven wonders of the world, those who identify medieval villages trying to visit the holy places and, finally, who claim that in fact today, we consider that the first tourists were students. Strictly speaking, "graduates". It is understood, therefore, the seventeenth century, upper middle class people in London who, upon completion of their studies, which began a round trip starting the most important capitals of Europe, a history of the "Grand Tour". It was not a leisure or entertainment activities, but a means to complete their training, but consisted of knowing people and markets their later be responsible for professionally in a better way.

No matter what, here and around 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 a wealthy man. The privilege of an elite linked with the need for adventure, leisure or simply a means to relieve the boredom of the upper classes. But from the 30s onwards, it was not long to go in a period that extended as a right kind of work, assisted by law called the welfare state and focused on the "sun and beach" products (season and rigid packages, so ill-informed people). And what eventually became the NTE (Tourism New Era), which combines and exceeds the two-stage (segmentation large market, niche products, systems of protection of tourists, sustainability awareness, etc.).

The paradox involved in the recovery background of Tourism, the old European custom will give life to a legal category and market, south of such a scenario, one might even say that in a more just, there would be exempted from the light and shadow.

We propose, then, to analyze what is meant by student Tourism in Argentina, that their actors are and what their role, through the most difficult cases and possible solutions.

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

A) Any place travel by teachers and students with teaching character;
B) Some service organizations for a segment of the university (also including teachers) ready to travel anywhere, usually in the abroad and in general to study reasons;
C) by groups of students, organized by specialized people, when they decide to visit historical sites, museums, parks, monuments, important natural environments, beaches, mountains, grasslands, etc and allowing them to closely know the places and activities that have barely known through explanations of conferences;
D) organized by the youth learned, obtaining information through the Internet, which are motivated for life in a globalized society and combine their experiences in adventure travel, study, work and rest. They travel to be part of an international community that travels;

What is meant by "Student Travel" in Argentina?

In accordance with the dictates of the law of hasty 25,599 shall qualify as such a figure the emergence of art. 2nd holding that:

"For the purposes of the current law, tourism student shall read:

a) Study trips: integrated training activities to schools in the curriculum proposal, organized and supervised by the authorities and teachers of the institution;
b) Graduate Travel: Tourism activities aimed at celebrating the completion of an educational level or race, organized by the parents or guardians of students to participate, for recreation and fun, regardless of the curriculum of schools and subject to the fulfillment of the minimum attendance of days according to the timetable school education in each jurisdiction.

Needless to say, the above definition has been subject to heavy criticism. On the one hand, it seems excessive to include study no travel warning because a stricter interpretation of the standard school trip would be mediated by a travel agent, regardless of its length or distance. One the other hand, when analyzing the second clause, which says that the guardians of the phrase "parental involvement and students' becomes too open, resulting in confusion or ambiguity. Anyway, it is not our intention to settle here, but only to explain that maybe this particular standard, requires reconsider certain.

Anyway, the "Student Travel" category is a form of legislative creation of Argentina, as in other countries can be mistaken for either the "youth tourism", intended to cover holidays for that segment, or "for tourism exchange students, ie, students of different nationalities who move from place to place to get experience abroad or Langauge a different educational system. What we call "tourism student, by contrast, involves a very unusual phenomenon, although it includes the study and postgraduate travel is closely associated with the last category, with the winter season and focused on a single destination: Bariloche.
For decades, the fate of "Student Travel" has been de San Carlos Bariloche in the province of Black River. Today no one doubts his position in regard to student travel, mainly for the second cycle (polymodal or secondary) of our educational system. This, notwithstanding, in the future for the market economy or currency reasons, lose his leadership if new destinations for this segment of the today.

Offers the same attractions as any other urban center, good accommodation options gastronimy varieties, dance halls, etc., but combined with a natural landscape. Founded in 1902, with an imporved design by architect Alejandro Bustillo in the 30s, the city grew up surrounded by the beauty of the Park Nacional Nahuel Huapi, geography, natural lakes covered mountains and forests that make it ideal for skiing, climbing, hiking and similar activities.
In the early 60s the city abandoned its styleimprinted Bavarian Alps in him by the German architect of hackers and their vertical development began7. From 70 to 80 were responsible for placing this variety of sports on the middle class come to the aid of large companies that were there the opportunity for postgraduate travel. His leadership reamins since then, despite the intervals, due to increased periods of economy in which we had to compete with international destinations (especially Brazil) or periods of crisis, like the times where options are considered seconds as Villa Carlos Paz, Cordoba. However, Bariloche is flooded during the Winter (June / July) to coincide with school holidays in most parts of the country.

Plaintiffs and their functions

There are five claimants taking part in the car "trips of development services for students":

Schools
Students (and their legal representatives, parents or guardians)
Rendors rendering service
Agencies authorized to operate the "student tourism"
National Secretary of Tourism
Local authorities Tourism

Schools in general agreement with the graduate travel issue as a problem that requires special treatment.

In one end, and not share responsibilities, developers not only not allowed to enter the premises, they are also parents and reported that the provision pupuils the service is its own responsibility and risk, moreover, it discourages the participation of teachers and whether the trip coincides with the working days (not period winter break), absenteeism is registered.

Moderate positions do not try to intervene in the negotiation, but to monitor the trajectory of the agency / S offered by the site. They suggest no involvement of teachers, but parents or supervisors, as well as assisting the group of students who went abroad.

Finally, as an exception, there are institutions that contradicts art.1 of Law 18,829 travel agencies and art.18 of Resolution 118/05, of arranging travel Graduate own, usually by underhand methods or by some intermediary teacher "covers" Forthe institutional violation. 118/05 Reslution only provides an exception in his art.17, which is that the package offered should have only one day and that does not include overnight.

Since the terms of payment of such travel is made in installments over one year, students begin to delve into cantract bodies during this period. In this sense, the experience of the graduates of the same previous year is usually important to them, but not determinig. Some groups say yes and others arrive at a consensus with their parents. In Argentina the age of consent is 21 and only exceptionally some acts are allowed 18. The average age that students consider traveling normally at this age, and therefore their parents or legal guardians will be those who end up signing contracts with agencies. Moreover, in case of HTE some trips under the legal age is 14 years.

Rendors Service are direct service providers, hotel managers, carriers, gourmet, SKII trainers, coaches, fotographers, etc. The agency maintains a relationship trade with them, which allows almost permanent finance its expenditures in a better way to OT with a volume of supply and continuity. When calls "optional" (all what is sold and that the management of student) is an important part of the company. Needless to say, in many cases the economic situation (in particular the type currency) may determine to rendors negligence on the local market, creating distortions or weakness in the Argentine agencies working in the segment of students.

For the travel agency to be able to operate in Argentine territory must obtain a temporary or permanent license must meet certain requirements:
A) have a functional structure, ie, physical facilities and at least one registered competent contract (Tourism PHB), which is responsible for the technical aspects of the Agency.
B) that the Permit Precarious and corresponding provisional license.
C) the holders or the Company has no criminal record or that impede trade trade.
D) to establish a Guarantee Fund generally made by an insurance bond in tipe depanding agency and location.
E) And finally, that the holder is registered as an operator if it is a sole trader, or activity described in the social order, in the case of an association.

The agency travel also aims to organize graduate trips must first obtain a "National Certificate of Authorization for Student Travel Agencies" it also means we must give life, personal accident, liability insurance, and one for comprehensive medical care for every member of each contingent of students, which covers the risks from the beginning to the end of the trip. Moreover, also must file an annual affidavit with the following information:

to staff) Signature – main and branch-that is to be expected, in this environment,
tourism in the area of student personal data and function specific;
b) Name, date of birth, identification number and address of individuals, which will be Resposibility, coordinate and control the commitment in fulfilling travel destinations. They must also give the address of each location to carry out their activities.
programs offered c). A and synthesis brief of the services provided, giving name and address of the different service rendors:
Hotels, operators and managers of the tours, giving clear the amount PALCEs contract with each of them. Brochures and material must be attached;
d) list of persons responsible for coordinating and destinations coordinator of the group must be over 21 years, giving name, identification number and address, school, years of service with the company;
e) promoters list of each company, the name, must be over 18 years, the identification number and address, school, years of service with the company;
f) A person authorized to sign contracts.
g) The Head of the Agency should take a certified copy of the standard contract to be used for the sale of services;
h) Any policy of liability insurance, personal accident and medical assistance;
i) The amount of services scheduled for this year-sold or reserved, indicating the planned date of departure of the troops, an educational institution which they belong, destination, hotel they will stay at the transport used and all the services included with your certificate of qualification issued by the CNRT. It should clearly specify the quality, type and category of the different services. Similarly, unless it is a matter of Year activities begin, you must attach a report with detailed statistics of the previous year, activities.

8 Although the resolutions of talking about categories in terms of the organizers or traders, this is not strictly well as that the categories should be interpreted together with the décrété 2182/72 which regulates Law 18,829, which only takes into account three types of agencies: Travel and Tourism (TTC), Tourism Agency (TA) and the Agency Entries (TA).
9 Regulations do not take into acount that belong to certain limitations related insurance legislation with minors and trade operation conditions.
As mentioned above, the method of trading is done ahead of time, fractional and documented facts, usually using the standard can be downloaded from Internet10.

In terms of the National Tourism Law11 and the National Student Law12 Tourism, the Secretary Tourism is the National Enforcement Authority. It is responsible for setting national policies of the activity under the Federal Strategic Plan for Sustainable Tourism. It is to this institution that travel agents require their license, the agency that deals with files and acts as a controller, capable of imposing sanctions for breaches and / or breach of the rules governing the activity, the extent of being able to immediately cancel the certificates issued to offenders.

Authorities local tourism often have more power to act as the controller of tourist destinations and in fact in some provinces with the rank of Minister. Therefore, in many jurisdictions, htemselves inspectors are not the local authority and control bodies, but also for hotels, cuisine, local dancing and rendors others. In the proper case of the San Carlos de Bariloche City three standards governing:

• 1396-CM-04 ordinance organizing the terms and scope of a "Tourism Certificate Student Services "that delivery to the borrower.
• 39-I-06 ordinance that imposes an affidavit to suppliers and customers.
• 1026-I-06 ordinance requires a register of the AFIP.

So far everything seems to be considered and controlled, however, is the market situation can sometimes give surprises unpleasant businesses that close for uncertain reasons and leaving hundreds of tourists stranded or that you are traveling.

Strictly speaking, comparatively speaking, agencies that collapse due to imposture or administration are not bad goals. Out of three thousand eight hundred bodies brought in, only fifty are qualified eight13 for Trade "Student Tourism" 14 and of these an average of two per year within five years of record lat sudden falls, for the reasons mentioned above, however, the sense of impunity and situations of distress and cause society n, together with the media multiplier effect, creates a kind of public outrage, totally understandable.
We describe then four cases (probably the most prominent), where the government seems to have learned to resolve the crisis caused by different agencies unexpectedly stopped operating. Thus, preventive measures on the
enterprise, in deference to the current and about-to-let passengers, coordination with
rendors direct and local authorities, negotiations with other agencies, etc. are

10 www.turismo.gov.ar
11 Law 25,997
12Ley 25.599
13 Figures from January 2006 provided by the Secretaria de Turismo de la Nación (Argentina).
14 Bulletin No. 196 of the House Argentina de Turismo (CAT) 12/10/2005 cites a report from the Ministry of Tourism of Rio Black stated that "previous business leaders, such as Rio de la Plata El Rapido Argentino and the economy did not survive the crisis and today, companies that bring the majority of students (Bariloche) are Rock and Arrow Bus Travel, that will take and serve 40% of the students. "

optimized because regulations are not expected as a tool or a retaining wall adjustment for this type of situation, but because the phase of Tourism and continuity as a state policy that allows it. Our concern then is that these have not had a prodeedings correlation rules and therefore "the solution" has been more operational than institutional.

The case of Rio de la Plata Inc.

Rio Plate Inc. were two companies: Rio de la Plata Transportation, Inc. and the Rio de la Plata Tourism Inc. both had licensed travel agency, however, from 1997 The first was withdrawn and only the latter was operating. Rio de la Plata Tourism Inc. not only had the prestige of being long on the market, but also had an infrastructure that allows you to cover transport and hotel services with its own units and accommodation.

In August 2002 an incident foreshadowed the fall one of the largest players in the tourism student. A group of parents, pupils and teachers took possession of a Rio de la Plata inBuenos construction company Aires, in response to the notice announcing that it would not be able to travel the next day due to a broken bus.

Twenty-four hours later solved the problem, but doubts were already there.

In November 2002, just two hotels in Rio (Austoni Inn and Austoni III), the Union Workers went on strike, and this caused a series of infractions for students who were already at the destination. The reports were immediately given on San Carlos de Bariloche City Council and the National Secretariat of Tourism (from hotels is implementing local competition and travel agents is federal). The strikers, even threatening to block access routes for buses in Rio.

The decision by the company of a sudden change in the management and the closure of several branches of initiaion caused administrative procedures in December of that year, in January 2003 it became obvious that the company would not be able to respond to services, so that the Secretariat Tourism published a measure15 precausionary: operation of stay regardless of the demand for the agency to comply with all duties, despite the restriction operating in the future. By then, suspicions of fraud were evident for all criminal courts and also intervened16.

The media and the question company's wealth beyond the facts made to the national political atmosphere, coming not only on the agenda of many legislators, but also the President (Dr. Eduardo Duhalde) since being recalled by the City Council of Bariloche manage17 resolving the conflict with the Rio de la Plata, workers throughout the city in his possession.

Passengers who had not traveled yet been addressed by other agencies in some cases accepted part of previous installments, and in other cases had to negotiate on whether to stay or quantity of services or both.

15 Decree 79/03.
16 national Criminal Court No. 31 Secretariat No. 119.
17 Resolution No. 004-PCM-2003.
In November 2003 tenders were opened hotel run by the Chamber of Labor Negro18 River, but was not until September 2005 19 that bankruptcy was petitioned19.

The case LAPA Student Inc. – air generation

LAPA was a unique venture, but coporations consists of two different, Inc. and LAPA LAPA Student Inc.

In early 2003 roumors on the financing of airlines were quite alarming, labor protests were increasing rapidly. According to the council members were among the reasons that are in the price of jet fuel, or beeter said, in the taxes levied, taxes, leaving this and other companies far from the line profitabiliy (already difficult to achieve for any purpose aeronautical company).

The answers to the public of this situation were different. The Secretary for Transport, which was perhaps the entity adequate to provide alternative remained quiet, while the Secretary Tourim by contrast, chose deferthe renewal of the allocation for tourism operations in student, (a method of prevention for these cases).

In May the paper announced dramatically, "company closed and disappeared with managers societies without explanation – LAPA could leave without their trip 1,200 children graduate. "20 None of these were exactly so, nor the directors disappeared, nor graduates left without their trips, in fact, in October of that year (to pay a difference of $ 85 and with arrangements made by the Secretary of Tourism) the travelled21 last contingent, however prior to obtaining these results, the comings and goings between the tragic and grotesque oscilated.

Protests from parents before the seat of the Scretary Tourism, holders of the Consumer Board and the legislature of Buenos Aires, negotiating and demanding a solution to the National Executive bids Aeroandina (main company shareholder) to reinvest and renew the flights, if and only if, the Government blocked in fuel prices (U.S. $) $ 85 per lt., allowing them to scale up to 20% rate, 22 the preventive their license23 stay for a long series of irregularities committed by the company, journalists inevitably confused bankruptcy procedures for insolvency24, the uncertainty of those who paid the one hand and feared that the trustee would claim the rest, and the opening of criminal record forever.

Marco Aguilar Nair and 18 others with River Motor Transport SA and one without records.
19 National Commercial Court No. 25 Secretariat 50.
20 Official Clarin, 24/5/2003, Constanza Durán.
21 Official Clarin 2/10/2003 Another company took over 800 children
Graduates no trips were taken by LAPA.
22 Tour Messenger Newspaper Happy Sunday to all June 9, 2003
23 Order 487/03 of the Secretaria de Turismo de la Nación
24 It was not until 8 March 2004 that the National Commercial Court No. 14 Secretariat 28 dictates of the company `s bankruptcy.
All this involved an enormous waste of efforts and arrangements and the responses became out well due to a citizen complaint and the willingness of some officers.

The 5 Five subject areas

The same as above, five zones SRL (Five Areas of limited liability company) is a company specialized in organizing trips for graduates of technical level.

Operating normally, and no excessive criminal records lead us to anticipate what happened then. Moreover, the paradox is that managers of the company had brought against six reports of the various bodies seeking to enforce the regulations in force tourist.

It is owned by 7 branches throughout the country, which implies a more or less solid structure in order to mobilize the year and the fact that indeed, a large number of students. And according to their rendors, we must large amounts of money.

So when least expected, came the unexpected, a weekend in the main office in the Autonomous City of Buenos Aff. As. and its 7 branches in the cities awarded: Buenos Aires. Como, Córdoba, Salta and Mendoa had been totally emptied without warning.

In December 2005, Monday 19 all newspapers mentioned the disappearance of the directors of Five Areas, without a trace and having left their offices completely empty. For students, parents, rendors, authorities and surprise most employees, who feared reprisals, managers of the company disappeared, leaving more than 850 children abandoned in San Carlos de Bariloche city and not likely to return. This added to the next passenger about to travel, and some other 1200 approx. That had already started to pay the fees of travel would make in 2006.

The same day, the news appeared, the National Secretary of Tourism of corroboration of the situation before referred through an inspection record, and declared the revocation of the license of the company for its lack of structure in operation (Resolution No. 156/03), trying to address the situation.

What later happened was continuous and parents and students of public complaints, especially in the province of Cordoba since most of the injured students were from there.

In less than a week later, students who were in the city of Bariloche and those were about to travel were able to see his dream come true. Some tourism companies, the National Secretary of Tourism and the Cordoba Tourism Agency (agency of the province by the tourism sector) combined, interceded for the enforcement of contracts Zone Five after negotiations with the rendors25.

25 Official Clarin Thursday, 22 December 2005, Marta Platia.

So far, there was still a problem to solve, that of those who had started paying in 2005 plans travel the first half of 2006. Again, some decided not to close the price negotiations and / or services, and other long conversations trying to improve their situation.

The cycle repeats. On one hand, administrative complaints to the institution comptroller made by several contingents damaged, as well as the emloyees verycompany's.

Moreover, the legal issue related to criminal reports (still pending) was initiated in different parts of the country against the owners of the company in connection with the alleged scam.

And finally, the real solution, ie the different alternatives to the injured Party have and will, according to context, time and the will of those to be negotiated.

The case of Zaiga Travel

Tours & Travel LLC, had been created as a family business under the trade name oprating of Zaiga Travel. It is the student tourism for many years, apparently without any problems at all, in fact, 2005 AHD inspections are done and the agency was in order and in accordance with the regulations in force. A day before the official announcement of the company informed its tenants I would not give any further payment, since they were not able to fulfill outstanding commitments due to financial problems. The affliction is spread over 6000 involved that gradually realized.

Most of them saught a response from the competent authority: The National Secretariat of Tourism and others appealed to the Government itself same.

After meetings between the National Secretary of Tourism and many local companies, announced tha Fleachabus and Travel company, along with the collaboration rendors of its travel service will provide new programs specifically designed to care for the well-known situation. Of the 256 troops of damage, most accepted the new offer.

With regard to administrative procedures were initiated on 15 March 2006, and was dictated by the Disposition 453/06 of the Secretariat National Tourism, the agency stay the operation and the initiation of administrative records for alleged infringement of art. 8a of the Act of Travel Agents (18,829), which would overturn the cancellation of the license. The same day he opened criminal records in the crime and Reformatory Bureau, and the 19th Court of Justice was chosen, 13,888 cases, with the district attorney N30.

Synthesis

From past experience mentined some criteria may be drawn:
A) From a legal perspective: the cases of Labor and will be respected when, as happened with the case of Rio, there property. If, however, a emptying takes place as with the case of five zones, which will be respected, but there will be no payment. Trade cases will likely end up in bankruptcy and the administrative case fined and closed ends. Criminal cases, on the other hand, Dalay in time, as it is usually very difficult to demonstrate suitability for the offense.
B) From the standpoint of damage: Whatever your situation, they will be subject to distress or uncertainty of those who endure malicious maneuver. In fact, those who had not travelledend to hiring another company, giving up any part of the previous payment, comfort, day trips or a combination of the above.
C) Since the market and political standpoint the time lag between the damage done and the different solutions for each of the claimants were weakens the whole system. Then cross accusations between the institutions, companies and holders are the perfect setting for things remain unchanged.

In the search for a solution

"The truth is never wrong … but inevitable," as the song says. In other words is all that is expected? Yes you can, what we can do is avoid it. That is, we have the best road legislation, we have a good signage, traffic lights and a good good cop on every corner, and that will not stop someone from breaking speeding all these precautions. Can we prevent someone from emptying a business? someone to flee to avoid Resposibility? maladministrating someone from a company that will lead to bankruptcy? Definitely not, the nut can avoid consequencies, without forgetting that we are obviously face negotiations between private parties and, beyond shared setbacks we are still dealing with a luxury service. This does not prevent us understand that As Dr. Tale26 out his postgraduate trip should not be treated like any other trip, but as a single episode and as such, when frustrated courts27 deserves protection.

So far, it seems that when the student tour agency breaches of contract (whatever reason), it is logical to do to seek help from the Fund Guarantee, as the article 13 of Law 18,829 of comtemplates:

"The breach with article 6 of the law in force, shall be punished with oparation remain until normalization of the guarantee fund. The penalty is license cancellation and closure of premises if the fund does not stabilize in a period six (6) months term. In that case, the fund balance was applied to compensate for the breach of contract. "(The phrase in bold letters added)

26Tale Camilo, Travel Contract Vol II. Editorial Hammurabi, Buenos Aires 2005
27Civil and the Chamber of Commerce. La Plata, Sala II, 11/3/93, "Lucero, Carlos and other c. Tur Quilmes SA, JA, 1994-I-232.
But for this there are two obstacles difficult to solve without a measure of the amendment, the first is the quantity and its estimate, the second of its creation form. Criteria for determining the amount of cover laid down by type of agency and location, not the
transaction volume, this gives smaller figures, difficult to upgrade and when it comes to compensation for a serious offense that not even pay for the process. On the way, we have said the fund is normally by an insurance bond that determines, as the Dr. Benitez28 out before the inability to determine who will travel, Ministry of Tourism becomes a beneficiary of it, so it leaves room for interpretation that can only be used for payment of fines, making it difficult the substance of the rule.

Beyond the general allegations aimed at reducing the pre-sale terms, the debate Parley in finding a solution appeared immediately definitive. Members of Congress took command and several projects that caught the attention of the Boards of Tourism:

a) Project driven by private and Congressman sector29
Heredia (PJ – FPV Córdoba) proposal to amend the Act 25,599, allowing the AAAVandT30 to be the classifying agencies student travel and manage an ad hoc Guarantee Fund.
b) The RCU Porject recovered from the previous year and
presented by Deputy Beatriz Leyba of Marti
(Cordoba) 31 and submitted another by Silvana Giudici32
(Capital), where a "contingency fund for student travel" is
created, composed of 3% of the agencies deposited in the
programs and services invoiced value.
c) The project of Charles A. Tinnirello and the Social
Net capital Federal33 Meeting proposed a system of savings bank
Distraint, which would be opened by the National Bank for each
contingent, at the same time.
d) Eduardo Bernardi, deputy from Chubut (PJ – FPV) 34
proposed that contracts be approved by student tour
Customer protection secretary, to which there
realted issues must also be caused by consumption
infringements.
e) The ARI moreover, as an intermediary with Ariel Gorbacz
proposed the creation of a Trustee35 established a banking
chosen by the students themselves.

But in reality, no matter the proposed solution not be viable unless the necessary powers were given to the enforcement authority (as well as to seek assurances as to tax beyond the year in progress).

28 Kemelmajer de Carlucci, Aida and Benitez, Diego. Tourism, Law and Regional Economics. Rubinzal – Culzoni Editores, Buenos Aires 2003.
29 File No. 3007-D-2006 / Parliamentary Procedure 64
Argentina 30 Association of Travel Agencies and Tourism
31 File No. 6874-D-2005 / Parliamentary Procedure
32 File No. 339-D-2006 / Parliamentary Procedure 22
33 File No. 2874-D-2006 / Parliamentary Procedure 61
File No. 34 No. 1484-D-2006 / Parliamentary Procedure 25
35 File No. 0862-D-2006 / Parliamentary Procedure 16
The ruling party, clearly this need and acted accordingly. The legislative debate in the House was not as strenuous. More than 153 lawmakers, 136 voted in favor of the majority opinion, only 13 out of denial and 3 abstentions. In
the Upper House the procedure was as fast as before.

The New Law

The draft amendment Law Student Travel 25,599 driven Justicialista36 Party passed in December 2006 20a of the Act is only 26,208 by 9 items that constitute the elements access to basic defenitive solution.

The first rule replaces paragraph g) of Art. 5 ° Act requires 25,599, the affidavit of requesting the certificate, state the number of scheduled services, sold or reserved, without restricting the information for the current year as it has done before. It also requires specifying the data not included in theoriginal text: the total cost and contingent.

The second rule replaces rule 6 ° Law 25.599 imposes a term of 15 working days in which agencies notify changes in their affidavits, subjecting the condition of the sanction generic art. 10 ° Law 18,829.

The third article supplies the clause d) of Art. 7 ° Act mandates 25,599 and perhaps somewhat confusing. The original text said that tourism service contracts of sale should be concluded among other requirements that "reliable certification of the insurance contract, for each of the contracting parties, liability, life, accident and full medical care coverage, including details of the data from companies hiring insurance. "The impossibility of imposing a life insurance for children and the absence of a product to complement medical care coverage made it impossible to meet those requirements. Thus, the current text says, "the reliable certification of contracts for each of the tourists that make up the contingent of students personal accident insurance that covers death and total or partial, permanent or temporary disability risk for medical and pharmaceutical Asistance. "Explaining that the legislation could portection other instruments require that all cases should cover physical risks of biginning until the end of the trip.

The fourth article is to cut the Gordian knot incorporating the clause e) of Article 7, it is worth saying, forcing the agency to add to your contract you have established accreditation guarantees sufficient to respond in the final amounts of wrapping services. What makes an enumeration declaration of the kind of guarantees of enforcement authority can ask, namely: a) the trust funds, b) property, c) banking, d) financial, e) deposits, f) insurance bail.

36File No. 53/06

Also, the 5th art. Bring another innovation, the replacement of art. 10 °, that while he supported the authority of the National Secretary Tourism, which runs décrété reversewith established in 1013/02, previously mentioned in subsection b) of article 10 and articles 11 and 12 degrees the original text (in particular the power of the first two granting protection for the client to resolve the issues that consume under the terms of Law 24,240 and additional rules). Decree based on the principle that special rules prevail over general rules.
Finally, Art. 6 ° substitutes Art. 16 ° and transforms the obligation to cancel the "National Certificate of Authorization for Student Travel Agencies" for last-minute agencies requirements of the Act, a certificate issued by a faculty that relates to the sensitivity of the process of closing an agency can be, and the need, even in a closure process, the compliance of their commitments. It applies the maximum penalty provided for in art. 10 of Law 18,829 and authorizes up to five times aggraviate cases recurrence, according to the provisions of art. 15 ° of the Regulation.

The other articles on related standards.

To summarize: Resolution 237/07

It still had the challenge of finding a solution to ensure student travel, without the imposition of standards that in turn produce the opposite effect. A solution that prevented children from running the risk of the operation and the latter to return to the business environment.

This soluiton was provided by Resolution 237/07 issued by the National Secretary of Tourism finally regulated student groups. This involved restructuring a) the requirements of the agencies wanted working with students of Tourism. B) Contract terms. Besides C) to form a private trust managed by Nation Trust37 D) To change the regime insurance E) Establishing a new regime for the coordinator and F) To determine the duties that go

A) The main changes to the general conditions to provide a certificate for agencies that want to operate with student tour were:
• To remove the submission deadlines, with the possibility of asking for it when necessary.
• Require affidavits each year to update the information in the student tour.
• To submit a contract of the certificate of each service contracted for each rendor and in the case of the merchants of the transaction will be submitted by the organizer.
• Every two months a certificate currency of the trading companies should be filed.
• Operators must submit a copy of adherence to the Foundation.
• Operators must submit a copy of the order of the organizer so they can act on their behalf in entering into contracts.
• You must attach a standard book of coupons that they use.

37 www.nacionfides.com.ar

• Must indicate whether the contract shall be concluded within 60 days of departure and if the study tours will be done.
• Those who claim that anticipaction into contracts with more than 60 days before the trip must submit:
? Certified pre-purchase with the classification of bail or insurance policy and / or
? A letter of intent to register your disposal to provide a banker's reference and / or
? A letter of intent delivered by a Reciprocal Guarantee Company, entitled to the authorization of the CENTRAL BANK OF ARGENTINA,
registration discounts to give this type of reference

B) The conditions of the contract implies that:
• Services included are: transportation, lodging, dining, excursions a day with the exception of assets and / or adventure tourism and insurance.
• Within 30 days after signing the contract the consumer must send the contractual arrangements with the travel agent contingent.
• The agent must enter the contract in the application system with a registration password assigned to the certificate.
• Consumers have access to the system to check your contract.
• The agreement will be improved with the zero fee payment.
• INSTALLATION zero will be 6% of each contract, which bond shall be given by the agent and each passenger is able to pay in the Banco de la Nacion Argentina and Rapipago branches.38
• The specific deadlines for 2006 will travel only 1.5% of unresolved contract already signed.

C) As Manager in question:
• It must guarantee the obligations for breach of contract
• Organizers must sign the management contract manager's private
• The percentage of the amount of each individual contract shall be 6% of it.
• Contributing money be deposited Whall legal tender in the account under the name STUDENT TRAVEL FUND determined by fiduciary.39

D) The insurance system will meet the following parameters:
• LIABILITY
Total: ONE HUNDRED THOUSAND DOLLARS ($ 100,000) or more.
Range: Argentina entire country (including foreign destinations where to deal with them).
A minimum of risk: Liability insurance. Fire, thunder, explosion, electric shock, gas leak. Food supply. Third party liability in the carriage of vehicles.

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

• PERSONAL ACCIDENT + Additional Coverage
Total: fifty thousand dollars ($ 50,000) or more.
Additional Coverage: FIVE THOUSAND DOLLARS ($ 5,000) Medical and Pharmaceutical Policy aid.
Status: life and permanent or temporary total disability coverage for each consumer or partial tour.
• TRAVELERS'ASSISTANCE
Total: FIVE THOUSAND DOLLARS ($ 5,000).
Status: emergency, accreditation and registration approval to the Superintendent of Health Services.

E) group coordinators will meet Contitions following:

• Over 21 years of age with intermediate or complete high school.
• Criminal record and recidivism certificate issued by the National Ministry of Justice and Human Rights
• Certificate of good conduct issued by the coordinator of the home police.

F) Finally, the obligations of the trips is as follows:
• Having a coordinator in every 35 consumers or part thereof.
? A complete list of the quota issued by the Implementation of the student tour
• Copy of contract with each quota
• Accidents Personal certificate of coverage, medical and pharmaceutical care and travel assistance registration
• Medical records filled out by the family of each tourist doctor

You can see the Fund's mission is student tourism representatives of the refund to consumers the difference between payments to Travel agents and services provided by a trustee, to which the full and rendor would reconocidda payments made by the travel agency damaged. But for this possible, it is necessary to establish a clear reason:
1. Travel cancellation for reasons not connected with consumers, force majeure or distress wihthout
2. Expression of travel agencies in breach of the obligations
3. Travel defaulting on its obligations with rendors service or cancellation of the reservation of contracted services
4. Acts or omissions causing the uncertainty of travel or the presumption of violation
5. If any of the above happen, and onerous SECTUR for emergency reasons and so determined under the powers granted by Art. 37 of Law No. 25,997 and other regulations.

REGULATORY STATUS OF STUDENT TRAVEL

Date of the article
04/24/1987 Res 135 students from the Tourist Information Enforcement Authority
Res 159
Repealed by 187 and ratified by Res Res extension 118 04/12/89 Requirements
25,599 05/23/2002 Law National Tourism Law Student
Decree 1013 06/13/2002 Remarks to the National Law Student Travel
Res 175
Repealed by 187 and ratified by Res Res 118 01/29/2003 Devicing certificate and instruction set
Law 35
The modernization and business competitiveness – Repealed by Res. 187 and ratified by Res Devicing of 118 02/24/2003 model certificate of
187 Repealed by Res 118 03/09/04 New requirements for the Certificate of
Res 118
02/08/2005 Certificate delivery system
Res 987 08/24/2005 Amendment to Res 118 shares for the Shipment of updated application forms.
274 03/22/2006 Amendment to Res Res 118 states that the certificates requested are delivered March 2 each year or the next business day.
451 05/12/2006 Amendment to Res Res 118 necessary to send affidavits to sesrvices bound for the next year and different application forms for 180 days.
Law 26,208 12/20/2006 amendment of Law 25,599
Res 237 03/15/2007 Passes New Rules Student Travel

About the Author

Gonzalo Casanova Ferro – gonzalocasanova@hotmail.com

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