The financial guarantee provided for in a of II of article L. 211-18 is the result of a written guarantee undertaking given :
1° Either by a collective guarantee body with legal personality, by means of a guarantee fund set up for this purpose;
2° Or by a credit institution, finance company or insurance company authorised to provide a financial guarantee;
3° Or by a group of non-profit-making associations or organisations that have been specifically authorised by an order of the Minister responsible for tourism and have a sufficient solidarity fund.
The financial guarantee is allocated to the reimbursement of funds received by the travel and holiday operator in respect of commitments it has entered into with the traveller for services in progress or to be provided and makes it possible to ensure, in particular in the event of suspension of payments leading to a bankruptcy filing, the repatriation of travellers and the payment of additional accommodation costs that would result directly from the organisation of repatriation.
The financial guarantee undertaking must comply with all the regulatory provisions of this section.
A joint order of the ministers responsible for the economy and tourism sets, in proportion to the average premiums or contributions collected and the cost of claims, the prudential rules applicable to the bodies mentioned in 1° and 3° of this article, which guarantee a level of solvency equivalent to that of entities subject to supervision by a prudential supervisory authority and engaged in the activity to which the guarantee commitment mentioned in the first paragraph relates.