The Travel Agency Safety Regulation - Rsv

Original Language Title: Änderung der Reisebürosicherungsverordnung - RSV

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997314/nderung-der-reisebrosicherungsverordnung---rsv.html

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275. Regulation of the Federal Minister of economy, family and youth travel agency safety regulation - modifies the RSV

On the basis of article 127, paragraph 1 No. 1 and no. 2 in conjunction with para. 2 of the Gewerbeordnung 1994 - GewO 1994, BGBl. No. 194 (WV), last amended by Federal Law Gazette I no. 85/2012, is in agreement with the Federal Minister of labour, Social Affairs and prescribed consumer protection:

Travel Agency safety regulation - RSV, BGBl. II No 316/1999, as last amended by regulation BGBl. II no 402/2006, is amended as follows:

1. paragraph 1 para 3:

"(3) insolvency of the organiser of the package holiday is to assume in the following cases: 1. If insolvency proceedings are opened or not opening of insolvency proceedings due to lack of cost-covering assets, 2. for enforcement, which did not lead to the satisfaction, 3. at occurrence of events which let appear a driver as a hopeless or 4th in insolvency, which in particular take is, if the debtor has ceased his payments."

2. § 3 the following paragraph 4 is added:

"(4) by the coverage of the risk are also by the Organizer, contrary to the provisions of § 4 paragraph 5 and includes 6 acquired customer deposits, where all claims referred to in paragraph 1 are primarily to satisfy Z 1. Paragraph 2 shall apply mutatis mutandis."

3. paragraph 4 together with the heading:

"Amount of the sum of insured

(Section 4 (1) the insured amount has to be at least taking on article 3, paragraph 1: 1. in the event of travel packages, the transport aircraft in scheduled flights or ships in scheduled flights or only transport by bus or train or any promotions include sales from the organizer activity in the previous year a) up to 90 000 euro, 10 000 euro, up to 180 000 euro , 20 000 euro, up to 270 000 euro, 30 000 euro, unless a company drawn list of all package holiday sales of the previous year (date of travel, destination, invoice number, number of PAX and invoice total) port of call for tenders, b) to 330 000 EUR, EUR 37 000, provided revenues for the periods aa) early December until the end of February at the latest March 5, bb) early March to end of may at the latest June 5 , cc) early June to end of August at the latest 5 September and dd) beginning of September to the end of November no later than 5 December of each calendar year confirmed by a declaration signed by an accountant about the accuracy of the most recently reported revenue forecast is, c) 330 000 EUR or if the evidence after lit. a or b not provided be 10 vH of sales, anyway, but 72 600 euros to cover being the higher insurance sum.

2. in the event of travel packages, the carriage by aircraft of Charter or charter ships 12 vH of the turnover from the organizer activity in the previous year containing 363 000 euros, with the higher insurance sum to cover; anyway, but for individual charters the protection is determined by Z 1, if the Federal Minister of economy, family and youth is submitted on time a proof of payment of the Charter flight before the flight.

3. in the case of package holidays, which include the services which different percentages according to Nos. 1 and 2 to the application come, the sum insured is determined by the proportions of the individual services in the total turnover.

(2) in the case of acquisition of Charter seats by one other tour operators ensuring the tour operator buying to determined Z 1 referred to in paragraph 1, provided that not more than 5 per cent of outstanding Paxen marketing year Z 2 be a such purchase, otherwise referred to in paragraph 1. Exceeding this percentage is the Federal Minister of economy, immediately notify family and youth.

(3) in the first year of an organizer activity is, as far as the tour operators not else can prove to proceed from an annual turnover of 3 600 000 euro from the intended activity of the Organizer.

(4) the intended sales from the organizer activity in the relevant marketing year, by analogy with application of paragraph 1 is determining the sum of insured vH in the case of intended increase or reduction of the turnover from the organizer activity compared to the previous year by more than 5 to be based.

(5) the Organizer undertakes customer funds as a down payment amounting to more than 10 vH of the travel price earlier than twenty days prior to departure, is the insurance sum in the cases of paragraph 1 No. 1 at least 12 vH of the revenue of the organizer activity during the preceding marketing year and in the cases of paragraph 1 to be no. 2 at least 14 vH of the turnover from the organizer activity during the preceding marketing year. Customer deposits as a deposit or final payment amounting to more than 20 vH of the fare may be applied only train to train against delivery of travel documents, to the traveller and not earlier than twenty days prior to departure.

(6) advance payments may be accepted no earlier than eleven months before the agreed end of the trip."

4. in article 5 Z 7 is the expression "as last amended by article XIII of the Federal Act Federal Law Gazette I no. 140/1997" by the expression "as amended by Federal Law Gazette I no. 58/2010" replaced.

5. paragraph 7 together with the heading:

"Information requirements

§ 7 (1) the operator has in the detailed advertising materials used by him the following information clearly to record: 1 the number under which this directory of the Organizer in accordance with § 9 par. 5 entered was no. 1 or the guarantor in accordance with article 3, para. 3 (registration number), 2. the insurer in accordance with § 3 paragraph 3 Z 2, 3. the insurance certificate (policy number) or the number of warranty, 4. the amount of the acquisition of customer funds as a down payment in accordance with § 4 paragraph 5 , 5. the processor according to § 2 No. 6 including name, address, telephone number and fax number, and 6 pointing out the requirement to report all claims with other claim loss period of eight weeks from the occurrence of the events referred to in § 1 para. 3 at the processor.

(2) in the case of a change of insurer (guarantor), the previous insurer (guarantor) has the traveler on his request to provide the information referred to in paragraph 1 Z 2. In the case of a change of the Unwinder, the previous processor has to provide the information referred to in paragraph 1 Z 5.

(3) the intermediary has proven to put the book on the cover of the risk by the organiser pursuant to § 3 para 3 in knowledge. The mediator has the booking is directly Z 1, handed over to 2, 3, 5 and 6 listed together with the confirmation in writing and 2. in the confirmation in paragraph 1 after the naming of the fare in the cases where the Organizer to accept client funds in the amount of not more than 10% of the travel price earlier than twenty days prior to departure shall be entitled to 1 , the phrase: "important information for insolvency protection: numbers you no more than 10% of the travel price as a deposit, the balance not less than twenty days prior to departure" and in cases where the Organizer to accept customer deposits of more than 10 per cent, but not more than 20 vH, the travel price earlier than twenty days prior to the rice is entitled, the phrase : "Important information for insolvency protection: no earlier than 20 days prior to departure to pay no more than 20 vH of the price as a deposit, the balance" to record. These phrases must be executed in a clearly legible for the Booker typeface.

(4) the mediator the booking of foreign broadcasters has been proven in knowledge has to put about 1 the home state of the Organizer, 2 the type of protection and the contact point, which the travelers in the event of insolvency to contact has, unless the organiser has its headquarters in a Member State of the European Union / EEA, 3. the protection within the meaning of article 7 of Directive 90/314/EEC , if the Organizer is headquartered not in a Member State of the European Union / EEA. In the absence of such protection is to explicitly point out.

The mediator has to hand over the listed together with the confirmation in writing the Booker. In the event of failure to comply with these obligations, the obligations of operator meet the broker pursuant to this regulation.

(5) is the purchase of the package without recourse to a mediator directly from the organiser, the organiser 1 has the Booker in the para and 2 handed 1 Z 1, 2, 3, 5 and 6 listed together with the confirmation in writing.

in the travel confirmation immediately after the mention of the fare in the cases in which the Organizer to accept client funds in the amount of not more than 10 vH of the price sooner than twenty days prior to departure is entitled is the phrase: "important information for insolvency protection: numbers you not more than 10 per cent of the price as a deposit, the balance not earlier than twenty days prior to commencement of travel" and, in the cases , vH where the Organizer to accept customer deposits of more than 10 but not more than 20 vH, the travel price earlier than twenty days prior to the rice is entitled, the phrase: "important information for insolvency protection: numbers no more than 20% of the price as a deposit, the balance not less than twenty days prior to departure" record. These phrases must be carried out in a clearly legible for the Booker typeface."

6 article 8 together with the header is omitted.

7 § § 9 and 10 together with the headings are:

"Section 3

Organizers directory

§ 9 (1) of the Federal Ministry of economy, family and youth has to maintain a register of the Organizer (organizer directory).

(2) the Organizer directory has to contain: 1. the name of the Organizer, the location of the trade licence and the locations of other premises;

2. the company, the company registration number and the product name if it is not already included in the company's full name;

3. the number of the Organizer in the directory of the Organizer in accordance with paragraph 5 was registered (registration number);

4. the type and amount of cover the risk in accordance with article 3, paragraph 3;

5. the insurer pursuant to section 3 para 3 No. 1 or the guarantor in accordance with article 3 para. 3 Z 2;

6. the processor in accordance with § 2 No. 6;

7. where appropriate, the acquisition of advance payments amounting to more than 10 vH of the travel price earlier than twenty days prior to departure according to § 4 paragraph 5;

(3) producers who intend to organize package tours, have to sign up before recording the organizer activity in the directory of the Organizer.

(4) to be registered in the directory of the Organizer, the organizer has the following messages to the Federal Minister of economy to reimburse family and youth and to show, and the information referred to in the Nos. 2 and 3 by a declaration signed by an accountant on the accuracy of this information are to be confirmed by appropriate evidence: 1 the existence of an insurance company with a business operation in Austria entitled insurer in accordance with the articles 4 and 5, or a bank guarantee of a credit institution authorised to conduct business in Austria or a warranty of a statutory body in accordance with section 6;

2. a) the revenues from the proposed organizer activity in the current financial year, and b) the intended scale of the acquisition of Charter seats according to § 4 paragraph 2, specifying the modes of transport;

3. details of the acquisition of deposits amounting to more than 10 vH of the travel price earlier than 20 days prior to departure pursuant to § 4 paragraph 5 in the current financial year;

4 offs according to § 2 No. 6.

(5) are the prerequisites for the registration in the Organizer list referred to in paragraph 4, the Federal Minister of economy, family and youth has to enter the Organizer within four weeks of receipt of the messages referred to in paragraph 4 in the directory of the organizer and to put recent registration in knowledge. At the same time is to assign a number to the operator, under which this entered in the directory of the Organizer (registration number). The prerequisites for the registration in the Organizer list referred to in paragraph 4 are not available, the Federal Minister for Economics has to determine this family and youth within four weeks of receipt of messages by a decision referred to in paragraph 4.

(6) after the entry in the directory of the Organizer, the Organizer until at the latest the following messages to the Federal Minister of economy, family and youth to reimburse and to demonstrate by appropriate evidence, and to confirm the information referred to in the Nos. 2 and 3 by a declaration signed by an accountant about the correctness of this information are 30 November of each calendar year has: 1 the existence of an insurance company with a business operation in Austria entitled insurer in accordance with the articles 4 and 5, or a bank guarantee one to operate in Austria of eligible credit institution or a guarantee of a corporation of public law in accordance with article 6;

2. a) the revenue from the organizer activity of the last twelve months and b) intended increase or reduction of the turnover from the organizer activity compared to the sales of the last twelve months to more than 5% the turnover from the organizer activity in the previous marketing year and the intended sales from the organizer activity in the current business year, c) the intended scale of the acquisition of Charter seats according to § 4 paragraph 2, specifying the modes of transport;

3. details of the payment pursuant to § 4 paragraph 5;

4 offs according to § 2 No. 6.

(7) the Federal Ministry of economy, family and youth has immediately, at the latest however within three months after the expiry of the period referred to in paragraph 6 to check whether the operator has complied with paragraph 6. Paragraph 6 was not met, the Federal Minister of economy has, the organizers to call on family and youth, to submit the missing documents within a period of two weeks.

(8) the Organizer also has immediately following messages to the Federal Minister of economy, to reimburse family and youth: 1. any looming change of sales from the organizer activity, which exceeds last reported annual sales projected at 5%, and 2. any change of the Unwinder according to § 2 No. 6.

(9) the duration of the insurance contract or the warranty in accordance with § 5 stops No. 4 by time expiration or termination, intends the Organizer a month the Federal Ministry of economy, family and youth end to prove that a new cover of the risk in accordance with § 3 paragraph 3 for the period after the termination occurred.

(10) the Federal Ministry of economy, family and youth has immediately by a decision to delete the entry in the directory of the Organizer, if 1 the coverage of the risk by the organiser in accordance with § 3 paragraph 3 is no longer available, 2. the conditions for a registration in the Organizer list from other than the cases referred to in paragraph 11 no longer exists, exists 3. insolvency of the organiser in accordance with § 1 para. 3 , 4. the Organizer does not immediately Z 1 has filed the message in accordance with para 7, or second sentence the mature sequence message referred to in paragraph 6 has nonrefundable 5. the Organizer, despite the request by the Federal Minister of economy, family and youth, in accordance with paragraph 7.

(11) the registration in the Organizer list expires if 1 that required business license of the Organizer is no longer given to the activities of the Organizer, or 2. the organiser has displayed the cessation of activities of the Organizer to the Federal Ministry of economy, family and youth.

The Federal Minister of economy, family and youth has to remove the entry in the organizer immediately in these cases.

(12) the Federal Ministry of economy, family and youth has information from the Organizer directory upon request to grant anyone.

4 section

Control of the risk coverage

Advisory Board

§ 10 (1) of the Federal Ministry of economy, family and youth has set up an Advisory Board of seven members, which are responsible for ensuring the insurance and guarantees in accordance with article 3 para. 3.

(2) the Advisory Board shall in particular to check: 1 the plausibility of by the organiser pursuant to § 9 para 4 No. 2, in accordance with § 9 section 6 Z 2 and pursuant to section 9 para 8 Z 1 to the Federal Minister of economy, family and youth reported sales in the organizer activity and 2. the amount of insurance and guarantee amounts in accordance with articles 4 and 6.

(3) the members of the Advisory Board are by the Federal Minister of economy, family and youth for the period of two years to order. A representative of the Federal Ministry of Economics has a member of the family and youth. This member is appointed as the Chairman of the Advisory Board. Four of the other members of the Advisory Board are to order tourism and leisure of the Austrian Federal Economic Chamber, where two members of flight package travel organizer and two members have to be facilitator of vacation packages on a proposal from the Association of travel agencies of the Federal Division. Bank and insurance to order of the Austrian Federal Economic Chamber, are the sixth and seventh member of the Advisory Board on proposal of the Association of insurance companies of the Federal Division whereby a member to have relevant knowledge in the field of insurance or banking.

(4) for each Member of the Advisory Board, a replacement member is at the same time with its order in the same way to order.

(5) the Advisory Council has at regular intervals, at least every three months, to meet and to report to the Federal Minister of economy, family and youth of the outcome of its deliberations.


(6) the Advisory Board shall adopt its rules of procedure, in which the art of decision making and the business so to arrange that is meeting of the Advisory Board in accordance with paragraph ensures tasks 1 and 2.

(7) the organizer has the Federal Ministry of economy, family and youth at the request to comply with the Advisory Board in accordance with paragraph necessary information to issue 1 and 2 tasks and the previous required supporting documents to teach.

(8) the members of the Advisory Board volunteers perform the activities of the Advisory Board.

(9) the members of the Advisory Board have over the course of the consultations to maintain secrecy."

8. in article 12 be attached following paragraph 4 and 5:

"(4) Organizer, who at the time of entry into force of regulation Federal Law Gazette II No. 275/2012 in the Organizer directory entered, need the regulation amended Federal Law Gazette II No. 275/2012 with the message to be reimbursed in accordance with § 9 section 6, at the latest however to comply with 1 December 2012." Up to this point, regulation BGBl. II is no. 316/1999 amended regulation BGBl. II Nr 402/2006, next. In the case of package tours of an organiser, to the provisions of regulation BGBl. No. 275 / 2012 no application for II, II applies to the intermediary section 7 paragraph 4 as amended the regulation BGBl. No. 316/1999 amended regulation BGBl. II Nr 402/2006.

(5) article 1, par. 3 and 4, § 4, including heading, § 5 No. 7, § 7 together with heading, § 9, including heading, § 10 heading and section 12 paragraph 4 as amended the regulation BGBl. II Nr 275/2012 with expiration of the day of its announcement, but not before 1 September 2012 into force; "at the same time § 8 and heading to Regulation BGBl. II 316/1999 in the version of regulation BGBl. II Nr 402/2006 override."

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