Travel agencies

The Law on Tourism (“Official Gazette of the RS”, No. 17/2019) regulates the conditions for the work of travel agencies in Serbia and by-laws, as well as the Law on Catering (“Official Gazette of the RS”, No. 17/2019).

The Law on Catering (“Official Gazette of RS”, No. 17/2019) introduced a central information system in the field of hospitality and tourism (E-tourist) as a unique and centralized electronic information system, which contains all relevant data on accommodation service providers and accommodation facilities, through which their records are made, and other data is entered resulting from the performance of catering, nautical and hunting tourism, i.e. tourist activities (CIS).

The provisions of Article 67, Paragraph 7 of the Law on Tourism (“Official Gazette of RS”, No. 17/2019) establish the duty of travel agencies to enter data from records into the central information system in the field of hospitality and tourism, following the law manages catering.

Rulebook on the method of entering, working, managing and using the central information system and its content and type of data (“Official Gazette of RS”, no. 87/2020, 67/2021 and 58/2023 – amendments) and Rulebook on the form, the content and method of keeping records and entering data into the central information system by tourist agencies (“Official Gazette of the RS”, no. 82/2023) are regulated in detail by the tourist module E, which was introduced by the Law on Catering (“Official Gazette of the RS”, No. 17/2019).

The travel agency performs the activity of organizing, offering, selling and realizing tourist trips, excursions and providing other services standard in tourist traffic, following the Law on Tourism (“Official Gazette of RS”, No. 17/2019) and the regulations adopted based on this of the law.

The activity of the travel agency is carried out in a space, that is, a place of business that meets the prescribed conditions in terms of arrangement and equipment.

The activity of a travel agency can be carried out occasionally at fairs and other public manifestations and for a maximum of 15 days, under the conditions and in the manner prescribed by the Law on Tourism (“Official Gazette of RS”, No. 17/2019) and the regulations adopted based on this law.

The activity of travel agencies can be performed by a company, another legal entity and an entrepreneur if it is registered in the appropriate register.

The association that carries out the activity of travel agencies is obliged to enter that activity in the appropriate register.

The entrepreneur cannot perform the activities of travel agencies during the period of suspension of activities and cannot start performing the activities of travel agencies before the date indicated as the start of activities, which is specified in the decision of the Business Registers Agency.

If the travel agency carries out tourist activity at the headquarters but not as a predominant activity, it is obliged to register a branch, or separate place, for that activity, which is registered in the appropriate register.

If a travel agency carries out tourism activity outside its headquarters, it shall be obliged to register a branch, or separate place, for that activity in each area, i.e. place of business, which is registered in the appropriate register.

Exceptionally, a travel agency that occasionally carries out tourist activities at fairs and other public manifestations is not obliged to establish a branch, i.e., a separate place of business outside the headquarters for the space in which it carries out its activities.

Types of travel agencies

According to the type of work performed by travel agencies, they can be:

1. tourist agency organizing a tourist trip (from now on: travel organizer)
2. tourist agency intermediary in the sale of tourist travel (from now on: intermediary).

Conditions for performing the activities of a travel agency

Technical equipment

The space, i.e. the place of business of the travel agency where the tourist activity is carried out, must meet the conditions in terms of arrangement and equipment.

Exceptionally, the space, the place of business of a travel agency which sells services exclusively electronically, does not have to meet the requirements for decoration and equipment. In that case, the tourist agency is not obliged to fulfill the conditions for the space, i.e. the place of business in which it carries out tourist activities, in terms of arrangement and equipment.

Personnel qualification

The travel agency must have one full-time employee in the manager position in each area, i.e., the place of business where the travel agency operates.

The person who performs the function of the head of the travel agency must:

1. knows the Serbian language
2. actively knows at least one foreign language
3. has at least a higher professional qualification, i.e. acquired higher education at basic academic studies in the scope of at least 180 ESPB points, basic professional studies, i.e. at studies lasting three years, to work for a travel organizer
4. has at least a four-year secondary education in the field of tourism, economics or other social areas to work for an intermediary
5. has work experience in the tourism industry for the duration of:
   – three years of work with a travel organizer;
   – one year for working with an intermediary.

Employees in direct contact with the clients must have at least a four-year secondary education and know at least one foreign language.

If the travel agency occasionally carries out tourism activities at fairs and other public events, the travel agency is not obliged to have one full-time employee in the manager position for the space in which the travel agency activities are carried out.

License

The travel organiser, if he has a prescribed license for organising a tourist trip (from now on license), can perform the following tasks:

1. organisation, implementation and sale of tourist trips in the country and abroad
2. organising, realising and selling trips of pupils and students abroad to learn a foreign language or professional development with the possibility of performing temporary and occasional jobs.

The license is classified into different categories depending on the place of realisation of tourist trips, namely:

• category A, which is issued for organising, realising and selling tourist trips in the country and abroad
• category B, which is issued for organising tourist trips in the country.

In addition to organising tourist trips in the country, a travel organiser with category B can also provide a service that includes a maximum of one night’s stay, no longer than 48 hours, in the countries with which the Republic of Serbia borders.

The conditions and method of ranking the tour operator’s license into different categories, the method of changing the license category, the content of the request for issuing and renewing the license, as well as the conditions and the process of issuing the official form of the license are regulated by the Rulebook on the requirements and method of ranking the tour operator’s license into different categories, the method of change category of license, the content of the request for issuing and renewing the license, as well as the conditions and manner of giving the official form of license (“Official Gazette of RS”, no. 81/2019, 137/2020, 62/2021, 74/2021 and 75/2023 – changes and additions).

At the applicant’s request, the Registrar of Tourism issues a license with a decision, with a validity period of three years from the date of issuance to the applicant, which contains full business name, registration number and headquarters. With the request for the license issuance, the applicant shall attach evidence of fulfilling the prescribed conditions for licenses.

The license, as well as the change of the license category, can be renewed in the manner and under the conditions under which it is issued, with the fact that the request for the renewal of the license must be submitted no later than 35 days before the expiration of the license validity period.

At the request of the travel organiser, the Registrar of Tourism issues a formal form of license.

Conditions for issuing a license

The license shall be issued to a company, other legal entity or entrepreneur:

1. who employs at least one person in the capacity of manager, who meets the following conditions:
   a) knows the Serbian language;
   b) actively knows at least one foreign language;
   c) has at least a higher professional degree, i.e. acquired higher education at basic academic studies in the scope of at least 180 ESPB points, basic vocational studies, i.e. at studies lasting three years, to work for travel organizers;
   d) has at least a four-year secondary education in tourism, economics or other social fields to work for an intermediary;
   e) has work experience in the tourism industry for the duration of:
   – three years of work with a travel organizer;
   – one year for working with an intermediary.
2. which is not in bankruptcy or liquidation proceedings
3. whose license was not revoked in the previous 36 months
4. whose founders or persons who joined the company after its establishment are not natural persons whose license was revoked as entrepreneurs, that is, who directly or indirectly had a controlling interest in the capital of the company whose license was revoked
5. who was not issued a protective measure prohibiting the performance of activities while the ban lasts, nor was the responsible person issued a security measure prohibiting the implementation of activities, callings and duties
6. who has deposited funds with the bank, with the prescribed amount depending on the license category (from now on deposit)
7. who has a prescribed travel guarantee in case of insolvency and to compensate the passenger for damages caused by non-fulfilment, partial fulfilment or irregular fulfilment of contractual obligations (from now on, travel guarantee).

Travel guarantee

Due to the insolvency of the travel organizer, the travel guarantee explicitly provides the costs of necessary accommodation, food and the return of the passenger from the trip to the place of departure in the country and abroad, as well as all arising claims of the passenger.

The travel guarantee for damages provides compensation for damages caused to the traveller by non-fulfilment, partial fulfilment or improper fulfilment of the travel organizer’s obligations, which are determined by the general conditions and travel program.

The beneficiary of the travel guarantee is a person who, following the Law on Tourism (“Official Gazette of the RS”, No. 17/2019), has the right to reimbursement of expenses, namely:

1. a person who has settled the costs of the necessary accommodation, food and return of the passenger from the trip to the place of departure
2. the traveller in case of non-fulfilment, partial fulfilment or improper fulfilment of the travel organizer’s obligations, which are determined by the general conditions and travel program.

The tour operator must have a travel guarantee in the prescribed amount and a specified deposit, depending on the license category, for the entire duration of the license.

Termination of license

The license expires:

1. upon expiry of the term for which it was issued
2. based on the license holder’s request
3. by revocation of the license
4. by the termination of a business company, entrepreneur, or other legal entity, as a result, that legal entity or entrepreneur is deleted from the appropriate register.

When the license expires, the Tourism Registrar deletes the tour operator from the Tourism Register without passing a particular act.

Revocation of license

The license is revoked from the tour operator if:

1. during the license’s validity period, it ceases to meet the requirements from Article 57, point. 2), 5), 6) and 7) of the Law on Tourism (“Official Gazette of the RS”, No. 17/2019)
2. during the period of validity of the license, he ceases to fulfil the requirements for the license category, which was determined for him by the decision of the Registrar of Tourism
3. act contrary to Article 68, paragraph 1, item 3), 4), 5), 6) and 9) of the Law on Tourism (“Official Gazette of the RS”, No. 17/2019)
4. there are serious consequences for the health of passengers due to the omission of the travel organizer
5. within one year, two legally binding decisions on the prohibition of activities from Article 122, paragraph 1 of the Law on Tourism (“Official Gazette of the RS”, No. 17/2019) were adopted.

The license is revoked by a decision issued by the minister and submitted to the Tourism Registry.

The decision on revocation of the license is final.

Based on the license revocation decision, the Tourism Registrar deletes the tour operator from the Tourism Register without passing a separate act.

After the revocation of the license, the travel organizer can only realize previously sold trips if the prescribed travel guarantee is provided for those trips, as well as proof that the performance of the services for the sale of which there is a contract, some other document or written confirmation from third parties entrusted with the performance of those services is ensured service and if the passenger agrees to it in writing.

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