The guarantee is given solely on the proof presented by the creditor to the guarantor organisation establishing that the debt is certain and due and that the travel and tourism operator is in default, without the guarantor being able to invoke the benefit of division and discussion against the creditor.
The default of the travel and tourism operator may result either from filing for bankruptcy, or from a summons to pay by bailiff’s writ or registered letter with acknowledgement of receipt, followed by refusal or remaining without effect for a period of forty-five days from service of the summons.
In the event of legal proceedings, the claimant must notify the guarantor of the summons by registered letter with acknowledgement of receipt.
If the guarantor disputes the existence of the conditions for entitlement to payment or the amount of the claim, the creditor may bring the claim directly before the competent court.
By way of derogation from the preceding provisions, the implementation, as a matter of urgency, of the guarantee with a view to ensuring the repatriation of customers or members of a travel and holiday operator is decided by the prefect who requires the guarantor to release, immediately and as a matter of priority, the funds necessary to cover the costs inherent in the repatriation operation. However, if the financial guarantee is provided by a collective guarantee body mentioned in article R. 211-27, this body will ensure the immediate implementation of the guarantee by any means in the event of an emergency duly recorded by the Prefect.
The information required to implement the provisions of the previous paragraph shall be communicated to the Prefect, as necessary, by the body mentioned in article L. 141-2.
The powers devolved to the Prefect by this article are exercised by the Prefect of the département in which the travel and tourism operator concerned is established. For operators whose place of establishment is located in the Ile-de-France region, these powers are exercised by the regional prefect. For operators whose place of establishment is located abroad without representation on national territory, these powers are exercised by the Minister responsible for tourism.