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Article R211-30 of the French Tourism Code

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…

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Article R211-31 of the French Tourism Code

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…

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Article R211-32 of the French Tourism Code

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…

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Article R211-33 of the French Tourism Code

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…

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Article R211-34 of the French Tourism Code

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…

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Article R211-35 of the French Tourism Code

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…

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Article R211-36 of the French Tourism Code

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…

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Article R211-37 of the French Tourism Code

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…

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Article R211-38 of the French Tourism Code

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…

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Article R211-39 of the French Tourism Code

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…

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