Section 6: Financial guarantee.

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…

The operating conditions of the collective guarantee body mentioned in article R. 211-26, in particular the conditions of membership, resignation, control over members, granting, withdrawal and implementation of guarantees, are set by the statutes and internal regulations of this body, which are submitted for approval to the Minister for Tourism and the Minister for the Economy and Finance.

The financial guarantee provided by a credit institution or an insurance company is only accepted if this institution or company has its head office in the territory of a Member State of the European Union, or a State party to the agreement establishing the European Economic Area, or a branch in France. In all cases, this financial guarantee must be immediately available to ensure the repatriation of passengers under the…

When the financial guarantee results from membership of a group of associations or non-profit organisations registered in the register referred to in article L. 141-3, the association or non-profit organisation must hold in its books a certificate in which the guarantor undertakes to take the place of the defaulting association or non-profit organisation for the settlement of claims and the possible repatriation of members. The association must bring this certificate…

Any natural or legal person registered in the register referred to in article L. 141-3 must hold a financial guarantee issued by a single guarantor. The financial guarantee extends to activities carried out by secondary establishments such as branches or sales outlets, and to non-profit-making associations or organisations that are members of a federation or union of associations registered in the register and which assume responsibility for them. The sufficient…

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…

Except in the case of repatriation for which the costs are paid immediately, payment is made by the guarantor within three months of presentation of the written request, accompanied by supporting documents. If the guarantee is terminated before the expiry of this period, the starting date is postponed to the date of publication of the notice provided for in article R. 211-33. However, if the guaranteed person is the subject…

The guarantee ceases when it is executed or for the following reasons: loss of membership of the collective guarantee body or of a group of non-profit-making associations or bodies, or cancellation of the financial guarantee undertaking given by a credit institution, finance company or insurance company; -removal from the register referred to in article L. 141-3. A notice announcing the cessation of the guarantee and specifying that it will cease…

Without prejudice to the possible implementation of the emergency measures provided for in article R. 211-31, claims arising prior to the date of termination of the guarantee remain covered by the guarantor if they are lodged by the creditor within three months of the date of the publications prescribed in article R. 211-33. The guarantor shall make available to the registration commission referred to in article L. 141-2 the content…