Section 7: Professional liability.

The insurance contract taken out pursuant to b of II of Article L. 211-18 covering the pecuniary consequences of the professional civil liability incurred by travel operators may not derogate from the provisions laid down in this Section, except in a way that is more favourable to the interests of travellers. In the case of a federation or union, the insurance contract must cover, under the conditions laid down in…

The insurance contract mentioned in article R. 211-35 covers the travel operator against the financial consequences of professional civil liability as defined in articles L. 211-16 and L. 211-17. The guarantee also covers damage caused to travellers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed during the offer, organisation and sale of the services defined in articles L. 211-1…

The guarantee mentioned in article R. 211-36, in addition to the legal exclusions provided for in the Insurance Code, does not cover : a) Damage caused to the insured himself, his ascendants and descendants ; b) Damage caused to the legal representatives of the travel and holiday sales operator, if the latter is a legal entity, and to its employees and agents in the performance of their duties; c) Damage…

The amount of cover is freely determined by the parties to the contract referred to in article R. 211-35 according to the activities referred to in article L. 211-1 and carried on by the insured. The insured must clearly indicate, in its brochures and on all contractual documents, the risks covered and the cover taken out under the professional indemnity insurance contract. Where the contract provides for an excess to…

In the event of termination of the insurance contract, the insurer must inform the registration commission referred to in article L. 141-2 , by any means capable of producing an acknowledgement of receipt, at least fifteen days before the date on which the guarantee will cease to have effect. Within the same time limit, it must inform the organisation from which the financial guarantee provided for in a of II…

Subscription to the contract referred to in article R. 211-35 is evidenced by the production of a certificate to the registration commission referred to in article L. 141-2. However, cover does not take effect until 0.00 on the day following the day on which registration is issued. This document is deemed to be a guarantee. It must contain the following information: a) Reference to the legal and regulatory provisions; b)…