LexInter | February 18, 2004 | 0 Comments


The legal rules applicable to the tourism sector have been codified by ordinance. The objective given to the tourism code is to better identify tourism at the legal and institutional levels, to identify its links, due to the transversal nature of this activity, with all the fields concerned.The codification was made according to the principle of codification at constant law, while taking into account the need to ensure the harmony and hierarchy of law or to repeal obsolete provisions.
Legislative part of the Tourism Code

The legislative part of the Tourism Code is organized into four books. It has 253 articles.

The Book I of the tourism code traces the general organization of tourism . In particular, it provides for the provisions concerning the distribution of tourist responsibilities between the State , local authorities and their groups , and the rules concerning public interest groups . It codifies the provisions of Law No. 92-1341 of 23 December 1992 on the distribution of powers in the field of tourism.

The second book of the tourism code governs activities related to tourism. It codifies Law No. 92-645 of July 13, 1992 setting the conditions for the exercise of activities relating to the organization and sale of trips or stays.  It also contains the provisions relating to visits to museums and historic monuments   and those relating to the operation of passenger vehicles ( discount vehicles and coach buses ).

The third book is devoted to accommodation, equipment and facilities directly concerning tourism. It contains provisions for hotels, restaurants, cafes and pubs , those concerning campgrounds, trailer parks and other landscaped grounds and accommodation as hotels and other campgrounds

The Book IV 
contains the provisions relating the financing of ‘access to holidays and tourism taxation.

Regulatory part of the Tourism Code

The plan is ordered according to the four books of the legislative part. The regulatory part includes 527 articles:
– Book I relating to the general organization of tourism,
– Book II relating to tourism activities and professions,
– Book III relating to equipment and facilities,
– Book IV relating to the financing of access to holidays and tourism taxation.
 33 decrees and 14 orders have been fully or partially codified.

The regulatory provisions are thus codified:

– concerning procedural guarantees in matters of sanctions,
– setting the conditions for the exercise of activities relating to the organization and sale of trips or stays,
– recognizing that the Minister responsible for tourism has the power to render individual administrative decisions, that of issuing a license for a travel agent. travel,
– allowing it to approve organizations for the promotion and control of furnished accommodation covered by an agreement, social and family tourism organizations,
– making the regulations relating to tourism applicable in Mayotte.

The regulatory articles also include:

– the provisions hitherto inserted in other codes such as those relating to tourist offices and classified resorts of the general code of local authorities;
– recent decrees relating to:

– the National Tourism Council,
– the approval of adapted organized vacations,
– the obligation to inform air passengers about the identity of the air carrier,
– the service of the general tourism inspectorate.

The regulatory part was the subject of an application circular

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