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)…
When the travel operator intends to directly conclude a timeshare contract governed by articles L. 121-60 to L. 121-76 of the Consumer Code, or to assist in the conclusion of such a contract, he must submit the following documents to the registration commission mentioned in article L. 141-2: 1° Proof of a financial guarantee sufficient to cover these activities separately, earmarked for the repayment of funds, bills or securities held…
The financial guarantee is the result of a written undertaking of surety given by one of the bodies provided for in article R. 211-26. This guarantee is specifically allocated to the reimbursement of sums which the travel operator remains liable to pay at any time on payments or remittances made to him in the exercise of activities covered by this section. It may be provided by the same guarantor as…
The minimum amount of cover referred to in the fourth paragraph of article L. 211-24 is set at the sum of 100,000 euros.
The amount of the guarantee is reviewed at the end of each year and, except in duly justified special circumstances, may not be less than the maximum amount of sums held on behalf of third parties during the previous guarantee period. This amount may also be revised during the period at the request of the guarantor or the operator if circumstances so justify. For any revision of the amount of…
The travel operator may not hold funds, bills or securities exceeding the amount of the guarantee granted. All payments or remittances made to the travel operator pursuant to article L. 211-24 must be immediately mentioned in the register of payments or remittances provided for in the first paragraph of article R. 211-48.
When the financial guarantee ceases, under the conditions provided for in article R. 211-33, the guarantor shall immediately inform, by registered letter with acknowledgement of receipt, the persons who have made payments or remittances and whose names and addresses appear in the register of payments or remittances provided for in the first paragraph of article R. 211-48. This letter shall indicate the three-month time limit for lodging claims. The guarantor…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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