Law Of July 13, 1992 Relating To The Organization And Sale Of Stays And
LexInter | January 18, 2004 | 0 Comments

Law Of July 13, 1992 Relating To The Organization And Sale Of Stays And

Law n ° 92-645 of July 13, 1992
Law establishing the conditions for the exercise of activities relating to the organization and sale of trips or stays
NOR: TOUX9100006L

Article 1

The provisions of this law apply to natural or legal persons who engage in or provide assistance, regardless of the terms of their remuneration, in operations consisting in the organization or sale of:

a) Individual or group trips or stays;

b) Services that may be provided during trips or stays, in particular the issuance of transport tickets, the reservation of rooms in hotel establishments or tourist accommodation premises, the issuance of accommodation vouchers or catering;

c) Services related to tourist reception, in particular the organization of visits to museums or historic monuments.

The provisions of this law also apply to operations for the production or sale of tourist packages, such as these are defined in Article 2 below, as well as to operations linked to the organization of congresses or related events when this includes all or part of the services provided for in a, b and c of this article.

Article 2

The service constitutes a tourist package:

– resulting from the prior combination of at least two operations relating respectively to transport, accommodation or other tourist services not ancillary to transport or accommodation and representing a significant part of the package;

– exceeding twenty-four hours or including an overnight stay;

– sold or offered for sale at an all-inclusive price.

Article 3

The provisions of this law are not applicable:

a) To the State, to local authorities, to their public administrative establishments and to public scientific and technical establishments only for events linked to their status;

b) To natural or legal persons who carry out the operations mentioned in article 1, with the exception of a, for services of which they are themselves producers;

c) To natural or legal persons who carry out, among the operations mentioned in Article 1, only the issue of land transport documents on behalf of one or more passenger carriers;

d) To air carriers which, among the operations mentioned in Article 1, only perform the issuance of air transport tickets or consecutive transport tickets including one air transport journey and, as an ancillary one, one or more journeys land transport provided by one or more passenger carriers;

e) To rail carriers who perform, among the operations mentioned in Article 1, only the issuance of rail transport tickets or consecutive tickets including a rail transport journey and, as an accessory, other transport journeys land or air operated by one or more passenger carriers.

However, titles VI and VII are applicable to the persons listed in b, c, d and e above, for their activities of organizing and selling tourist packages as defined in article 2.

Title I: Travel agencies.

Article 4
Modified by Law 93-1420 1993-12-31 art. 1 JORF January 1, 1994.

 

The operations mentioned in article 1 may only be carried out for profit by natural or legal persons having the status of merchant, holders of a travel agent license.

This license is issued to natural persons who meet the following conditions:

a) Justify their professional aptitude;

b) Not be affected by one of the incapacities or prohibitions to practice referred to in article 26;

c) Justify, with regard to customers, a sufficient financial guarantee, specifically allocated to the reimbursement of funds received for the services listed in Article 1 and to the delivery of substitute services, resulting from the commitment of ‘a collective guarantee body, a credit institution or an insurance company, this financial guarantee including the costs of possible repatriation and must, in this case, be immediately available on national territory;

d) Justify an insurance guaranteeing the pecuniary consequences of professional civil liability;

e) To have appropriate physical installations on the national territory or on that of another Member State of the European Economic Community or of another State party to the Agreement on the European Economic Area.

The license is issued to legal persons who meet the conditions set out in c, d, and e above and whose legal representatives meet the conditions set out in a and b above.

The conditions provided for above are fulfilled, in the case of a national of a Member State of the European Economic Community or of another State party to the Agreement on the European Economic Area, as soon as the applicant produces supporting documents from a competent judicial or administrative authority and proving that he fulfills in the Member State or other State Party of origin the conditions for exercising the profession of travel agent as well as the guarantees attested by a notary, a credit institution or insurance company of that Member State or other State Party.

Holders of a travel agent license established in the national territory must devote themselves exclusively to this activity.

Title I: Travel agencies.

Article 4-1
Created by Law 98-566 1998-07-08 art. 3 III JORF July 9, 1998.

 

However, holders of a travel agent’s license may enter into any contract for the enjoyment of a timeshare property governed by Articles L. 121-60 et seq. Of the Consumer Code.

They may also assist in the conclusion of such contracts, by virtue of a written mandate.

In order to engage in this last activity, they specifically provide proof, under the conditions provided for by this law, of an insurance guaranteeing the pecuniary consequences of their professional civil liability and of a financial guarantee allocated to the reimbursement of funds, bills or assets held. for others.

The amount of this guarantee may not be less than the maximum amount of funds, bills or securities held for others at any time, nor to a minimum amount set by decree of the Council of State.

The specific terms of implementation and operation of this guarantee, the content of the mandate contract and the conditions of the compensation of the agent are defined by decree of the Council of State.

Title I: Travel agencies.

Article 5

Each company establishment holding a travel agent license or each point of sale operated under the responsibility of the company must be managed by a person showing proof of professional competence.

Article 6

 Holders of a travel agent license may not entrust the execution of operations mentioned in Article 1 to companies that do not hold the license unless they have signed an agreement with them previously approved by the administrative authority. , specifying that the operations are carried out for the account, under the responsibility and with the guarantees of the holder of the license. The agreement cannot be concluded for a period exceeding three years. It is not renewable. Companies carrying out the activity of travel agent representative must be managed by persons who have not been the subject of one of the convictions referred to in article 26.

Title II: Associations and non-profit organizations.

Article 7

Associations and non-profit organizations must hold a tourism license to carry out the operations mentioned in article 1 of this law, subject to the provisions of article 10.

 

Article 8

 

Associations and non-profit organizations may carry out the operations mentioned in article 1 only in favor of their members. They can only distribute general information on their activities and goals to people other than their members or nationals.

This information may be accompanied by examples of trips or stays, under conditions set by decree.

Article 9

Tourism approval is granted to associations and non-profit organizations which request it and which:

a) Are directed, or whose activity that falls within the scope of tourism approval is directed, by a person proving professional aptitude and whose legal or statutory representatives have not been the subject of one of the convictions referred to in Article 26;

b) Justify a sufficient financial guarantee. This, in addition to the terms listed in c of Article 4, may result either from the existence of a reserve fund, or from membership in a group of non-profit organizations that have been the subject of ” a specific authorization and having a sufficient solidarity fund;

c) Justify an insurance guaranteeing the pecuniary consequences of the civil liability which they incur in respect of this activity.

Article 10

However, are not required to apply for a tourism license:

a) Associations and non-profit organizations which do not have as their object the organization of trips or stays and which only engage in these operations on the occasion of their general meetings or occasional trips, linked to the operation of the organization, which they organize for their members or nationals;

b) Associations and non-profit organizations belonging to a federation or a union holding a tourism license, guaranteeing it if they were mentioned in the decision granting the license;

c) Associations and non-profit organizations managing, on national territory, holiday or leisure centers, holiday placement centers for young people under the age of eighteen, holiday villages or approved family homes , within the exclusive framework of activities specific to these establishments, including transport related to the stay.

Title III: Local tourism organizations.

Article 11

To be authorized by the administrative authority, local tourism organizations which benefit from the support of the State, local authorities or their groups and which engage or provide support, in the general interest, to operations facilitating the reception or improvement of the conditions of stay of tourists in their geographical area of ​​intervention must:

– be managed by a person showing proof of professional aptitude;

– justify an insurance guaranteeing the pecuniary consequences of civil liability and a sufficient financial guarantee resulting from the existence of a reserve fund or the commitment of a credit institution or a guarantee organization collective.

Title IV: Authorization.

Article 12

By way of derogation from the provisions of article 4, accommodation managers or their groups, managers of leisure activities, passenger carriers, real estate agents and property managers whose activity is governed by Law no. 70-9 of January 2, 1970 regulating the conditions for carrying out activities relating to certain operations relating to buildings and businesses, which have been authorized for this purpose under the conditions set by the regulatory channels, may carry out the operations mentioned in Article 1, provided that, in each case, the services which they provide within the framework of their main activity remain preponderant in relation to the other services or that the latter are of a complementary nature.

For these operations, the persons requesting the authorization provided for in the preceding paragraph must:

– justify a sufficient financial guarantee resulting from the existence of a reserve fund, the engagement of a collective guarantee organization, a credit institution or an insurance company; the financial guarantee referred to in 2 ° of article 3 of the aforementioned law n ° 70-9 of 2 January 1970 applies to these operations;

– justify an insurance guaranteeing the pecuniary consequences of professional civil liability. The French National Railways Company itself can guarantee these consequences without providing proof of insurance.

Road passenger carriers must also have equipment classified or in the process of being classified according to the standards set by regulation.

Title V: Qualified personnel to conduct visits to museums and historic monuments.

Article 13

For the conduct of guided tours in museums and historic monuments, natural or legal persons holding a license, approval, authorization or authorization provided for in Articles 4, 7, 11 and 12 do not can only use the services of qualified persons fulfilling the conditions set by regulation.

Title VI: Sale of trips or stays.

Article 14

 The provisions of this Title apply to the operations listed in Article 1, in the last paragraph of Article 3 and in Article 25.

However, they are not applicable when these services are not included in a tourist package, as defined in article 2:

a) The reservation and sale of air tickets or other tickets on regular lines;

b) The rental of seasonal furnished accommodation, which remains governed by the aforementioned law n ° 70-9 of 2 January 1970 and by the texts adopted for its application.

Article 15

The seller must inform the interested parties, in writing prior to the conclusion of the contract, of the content of the services offered relating to transport and stay, the price and terms of payment, the conditions for canceling the contract as well as the conditions for breaching the borders.

Article 16

The prior information provided for in article 15 binds the seller, unless changes in this information have been brought to the attention of the interested parties before the contract is concluded.

No modification can be made to the prior information unless the seller expressly reserves the right to do so.

Article 17

 The contract concluded between the seller and the buyer must include, in accordance with the terms and conditions set by regulation, all indications relating to the names and addresses of the organizer, the seller, the guarantor and the insurer, to the description of the services provided. , the reciprocal rights and obligations of the parties in particular with regard to price, schedule, terms of payment and possible price revision, cancellation or transfer of the contract, information of the buyer before the start of the trip or stay.

Article 18

The buyer may transfer his contract, after having informed the seller within a period fixed by regulation before the start of the trip or stay, to a person who meets all the conditions required for the trip or stay. The assignor and the assignee are jointly responsible, vis-à-vis the seller, for the payment of the balance of the price as well as any additional costs occasioned by this assignment.

Article 19

 The prices provided for in the contract are not revisable, except if the latter expressly provides for the possibility of an upward or downward revision and determines the precise methods of calculation, only to take into account the variations:

a) The cost of transport, linked in particular to the cost of fuel;

b) Fees and taxes relating to the services offered, such as landing, embarkation and disembarkation taxes in ports and airports;

c) Exchange rates applied to the trip or stay in question.

During the thirty days preceding the scheduled departure date, the price fixed in the contract may not be subject to an increase.

Article 20

When, before departure, compliance with one of the essential elements of the contract is made impossible as a result of an external event imposed on the seller, the latter must as quickly as possible notify the buyer and inform the latter. of the option he has either to terminate the contract or to accept the modification proposed by the seller.

This warning and this information must be confirmed in writing to the buyer, who must make his choice known as soon as possible. When he terminates the contract, the buyer is entitled, without incurring any penalties or costs, to reimbursement of all the sums he has paid.

The provisions of this article also apply in the event of significant changes in the price of the contract occurring in accordance with the conditions provided for in article 19.

Article 21

When, before departure, the seller terminates the contract in the absence of fault on the part of the buyer, all the sums paid by the latter are returned to him without prejudice to the damages to which the latter could claim.

Article 22

When, after departure, one of the essential elements of the contract cannot be performed, the seller must, unless duly justified impossibility, offer the buyer services to replace those which are not provided.

The seller is responsible for the resulting price supplements or reimburses the price difference between the services provided and provided.

If the buyer does not accept the proposed modification, the seller must provide him with the tickets necessary for his return, without prejudice to the damages to which the buyer could claim.

Title VII: Responsibility.

Article 23

Any natural or legal person who engages in the transactions mentioned in Article 1 is automatically responsible towards the buyer for the proper performance of the obligations resulting from the contract, whether these obligations are to be performed by himself or herself or by other service providers, without prejudice to its right of recourse against them.

However, it can be exonerated from all or part of its responsibility by providing proof that the non-performance or poor performance of the contract is attributable either to the buyer or to the unforeseeable and insurmountable fact of a third party foreign to the provision of the services provided for in the contract, or in a case of force majeure.

Article 24

The provisions of article 23 do not apply to natural or legal persons for reservation or sales operations not forming part of a tourist package, as defined in article 2, relating either to transport tickets air, or other tickets on a regular line.

Title VIII: Common provisions.

Article 25

In addition to the operations mentioned in Article 1, natural or legal persons holding a license, approval, authorization or authorization provided for in Articles 4, 7, 11 and 12 may engage in rental of seasonal furnished accommodation for tourist use and seats for shows.

Article 26
Amended by Law 92-1336 1992-12-16 art. 372 JORF December 23, 1992 in force March 1, 1994.

 

No natural person may, directly or through an intermediary, on their own behalf or on behalf of others, as a de jure or de facto manager of a legal person, engage or provide assistance, even on an ancillary basis, to the operations mentioned in Article 1 if it has been the subject, definitively, of one of the convictions listed either in Article 1 of Law No.47-1635 of August 30, 1947 relating to the sanitation of commercial and industrial professions, either in article 9 of the aforementioned law n ° 70-9 of January 2, 1970, or in article 13 of the law n ° 84-46 of January 24, 1984 relating to the activity and control of credit institutions, or a conviction for one of the offenses provided for in articles 225-5, 225-6, 225-7,225-10 of the penal code or for the offense provided for in article 29 below.

Article 27

Any holder of a license, approval, authorization or authorization provided for in Articles 4, 7, 11 and 12 must keep his books and documents at the disposal of the agents authorized to consult them; it must also mention this title in its brand, in documents given to third parties and in its advertising.

Article 28

The licenses, approvals, authorizations or authorizations issued in application of this law are suspended or withdrawn, after the interested party has been given the opportunity to present their observations, if the conditions laid down for their issue are no longer met or if the holder has seriously or repeatedly disregarded the obligations incumbent upon him.

Article 29
Modified by Ordinance 2000-916 2000-09-19 art. 3 JORF September 22, 2000 in force January 1, 2002.

Will be punished with a fine of 7,500 euros and, in the event of a repeat offense, a fine of 15,000 euros and imprisonment for six months or only one of these two penalties:

1 ° Any person who engages in or assists in one of the operations mentioned in article 1, in the absence of the license, approval, authorization or authorization provided for in articles 4 , 7, 11 and 12;

2 ° Any de jure or de facto manager of a legal person or organization which engages in or assists in one of the operations mentioned in Article 1, when this legal person or this organization does not have the license, approval, authorization or authorization provided for in Articles 4, 7, 11 and 12.

3 ° Any holder of a travel agent’s license who assists in the conclusion of a contract for the enjoyment of a timeshare property governed by Articles L. 121-60 et seq. Of the Consumer Code without justifying the mandate, insurance and financial guarantee provided for in article 4-1 ..

The court may also order the temporary or permanent closure of the establishment operated by the convicted persons.

In the event of execution, duly noted, without the license, approval or authorization provided for in articles 4, 7 and 11 of one of the operations mentioned in article 1, the prefect of the department in whose jurisdiction is finds the offending establishment operated may order its provisional closure by reasoned decision, after the person concerned has been given the opportunity to present their observations. The prefect immediately informs the public prosecutor. However, this closure ceases to have effect at the expiration of a period of six months.

The provisional closure measure is automatically lifted in the event of a discontinuation of the case by the public prosecutor, a dismissal order issued by an investigating court or when the judgment rendered first. emerges from the court seised.

Title IX: Miscellaneous provisions.

Article 30
Modified by Law 96-142 1996-02-21 art. 11 JORF February 24, 1996.

 Public interest groups relating to development activities or of common interest in the field of tourism may be set up under the conditions provided for by article L. 1112-2 and L. 1112-3 of the code of local authorities.

Article 31

The modalities of application of this law will be fixed by decrees of the Council of State specifying in particular the nature and the extent of the guarantees that must necessarily include the insurance contract provided for in the sixth paragraph of article 4, in the last paragraph. of Article 9 and Article 11.

Article 32

Law n ° 75-627 of July 11, 1975 setting the conditions for the exercise of activities relating to the organization of trips or stays is repealed on the date of entry into force of this law. The provisions of this law will come into force on the first day of the sixth month following the publication of the implementing decrees, with the exception of the provisions relating to public interest groups, which are immediately applicable.

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