The Travel Agency Safety Regulation - Rsv

Original Language Title: Änderung der Reisebürosicherungsverordnung - RSV

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275. Ordinance of the Federal Minister for Economic Affairs, Family and Youth, with which the travel agency safety regulation-RSV is changed

Pursuant to Section 127 (1) (1) (1) and (2) (2) of the Commercial Code 1994-GewO 1994, Federal Law Gazette (BGBl). No. 194 (WV), as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I n ° 85/2012, is assigned in agreement with the Federal Minister for Labour, Social Affairs and Consumer Protection:

The travel agency safety regulation-RSV, BGBl. II No 316/1999, as last amended by the BGBl Regulation. II No 402/2006, shall be amended as follows:

1. § 1 (3) reads:

" (3) Insolvency of the organiser of the package holiday shall be accepted in the following cases:

1.

at the opening of the insolvency proceedings or the failure to open insolvency proceedings in the absence of cost-covering assets;

2.

in the case of foreclosure, which did not lead to satisfaction,

3.

in the event of occurrence of events which may be deemed to be hopeless, or

4.

in the event of insolvency, in particular where the debtor has ceased payments. '

2. § 3 is added to the following paragraph 4:

" (4) From the coverage of the risk, the organizer also includes customer funds transferred to the requirements of § 4 (5) and (6), although all claims pursuant to paragraph 1 (1) 1 are to be met as a priority. Paragraph 2 shall apply mutatily. "

3. § 4 together with the title is:

" Amount of the insured sum

§ 4. (1) The sum insured under § 3 (1) shall be at least as follows:

1.

In the event of a package holiday involving transport by scheduled services or by ships on scheduled services, or excluding transport by bus or train, or by no means of carriage, the turnover shall be the same as those of the Activities during the previous marketing year

a)

up to EUR 90 000, EUR 10 000, up to EUR 180 000, EUR 20 000, up to EUR 270 000, EUR 30 000, provided that all the flat-rate travel turnover of the previous year (travel date, destination, invoice number, PAX number and total invoice total) is drawn up in accordance with the company's company shall be made subject to the invitation to tender,

b)

up to EUR 330 000, EUR 37 000, provided that the turnover for the periods

aa)

At the beginning of December to the end of February, no later than 5 March,

bb)

At the beginning of March to the end of May, not later than 5 June,

cc)

At the beginning of June to the end of August, no later than 5 September, and

dd)

Beginning of September to the end of November, no later than 5 December

of the calendar year in question by a declaration made by a tax consultant on the accuracy of the last reported sales forecast,

c)

more than 330 000 euro, or if the evidence is after lit. a or b is not provided, 10 vH of turnover, but in any case 72 600 euro, with the higher insured sum to be covered.

2.

In the event of a package holiday involving transport by charter or charter-based aircraft, 12 vH of turnover from the activity of the event during the previous marketing year, but in any case EUR 363 000, where the respective higher insured sum is to be covered; for individual flights, the security shall be determined in accordance with Z 1, provided that the Federal Minister for Economic Affairs, Family and Youth provides in good time a proof of payment of the charter flight Implementation of the flight.

3.

In the case of a package holiday involving benefits to which different percentages are applied in accordance with Z 1 and 2, the sum insured shall be determined on the basis of the shares of the individual benefits in the total turnover.

(2) In the case of the acquisition of chartered places by another tour operator, the hedging of the buying-in tour operator pursuant to paragraph 1 Z 1 shall be determined, provided that no more than 5 vH of the Paxen to be unwound during the marketing year by such a purchase otherwise according to paragraph 1 (2). The exceeding of this percentage shall be reported immediately to the Federal Minister for Economic Affairs, Family and Youth.

(3) In the first year of an activity of the event, unless the tour operator proves otherwise, an annual turnover of EUR 3 600 000 is to be assumed from the intended activity of the event.

(4) In the event of an intentional increase or decrease of the turnover from the activity of the event in relation to the previous marketing year by more than 5 vH, the calculation of the sum insured of the intended turnover from the event of the event shall be determined by the in the relevant marketing year, with the appropriate application of paragraph 1.

(5) In the event of paragraph 1 (1) (1), if the organiser transfers customer funds as a deposit of more than 10 vH of the travel price earlier than twenty days prior to travel, the sum insured shall be at least 12 vH of turnover from the In the preceding marketing year, and in the cases referred to in paragraph 1 (2), the event shall be at least 14 vH of the turnover from the activity of the event in the previous marketing year. Customer money as a deposit or as a remaining payment of more than 20 vH of the travel price may only be taken by train to the passenger and not earlier than twenty days before the arrival of the travel documents.

(6) Payments shall not be accepted at the earliest eleven months before the agreed end of the journey. "

4. In § 5 Z 7 the expression " last modified by Art. XIII of the Federal Law BGBl. I No 140/1997 " by the expression " in the version of the Federal Law BGBl. I No 58/2010 " replaced.

5. § 7 together with headline reads:

" Information requirements

§ 7. (1) The organiser shall include the following information in the detailed advertising material used by him in a clearly visible way:

1.

the number under which it was entered in the list of organisers in accordance with Section 9 (5) (registration number),

2.

the insurer pursuant to § 3 (3) (1) or the guarantor pursuant to § 3 (3) (2), (2),

3.

the insurance certificate number (police number) or the number of the guarantee,

4.

the amount of the acquisition of customer funds as a deposit in accordance with section 4 (5),

5.

the unwinder according to § 2 Z 6, including the name, address, telephone number and fax number, and

6.

an indication of the requirement to register all claims in case of any other claim loss within eight weeks from the date of the occurrence of the events referred to in § 1 para. 3.

(2) In the event of a change of the insurer (the guarantor), the former insurer (guarantor) shall give the passenger, at his/her request, the information referred to in paragraph 1 (2) (2). In the event of an exchange of the unwinder, the former winder shall give the information in accordance with paragraph 1 Z 5.

(3) The agent has been shown to inform the bookend of the risk by the organiser of the risk in accordance with Section 3 (3). The mediator has

1.

to hand out the particulars referred to in paragraphs 1, Z 1, 2, 3, 5 and 6 together with the confirmation of travel in written form to the accounts and to the accounts, and

2.

in the confirmation of travel immediately after the date of entry of the travel price in the cases in which the organizer is entitled to receive customer funds in the amount of not more than 10 vH of the travel price earlier than twenty days before the travel date 'Important information on insolvency protection: no more than 10 vH of the travel price as a deposit, the remaining payment no earlier than twenty days before the date of arrival' and in the cases in which the organiser is responsible for the Receipt of customer funds of more than 10 vH, but not more than 20 vH, of the travel price earlier 20 days prior to travel, the phrase: "Important information on insolvency protection: Pay no more than 20 vH of the travel price as a deposit, the remaining payment no earlier than twenty days before the departure of the travel". These word sequences must be executed in a document that is clearly legible for the book end.

(4) The retailer must be shown to inform the bookends of foreign organisers of the

1.

the host State of the organiser,

2.

the nature of the protection and the contact point to which the traveller has to address in the event of insolvency, provided that the organiser has its registered office in a Member State of the European Union/EEA,

3.

protection within the meaning of Article 7 of Directive 90 /314/EEC, provided that the organiser does not have its registered office in a Member State of the European Union/EEA. In the event of non-existence of such protection, it should be expressly noted.

The intermediary shall, together with the confirmation of travel, hand out the said information in written form to the booker. In the event of failure to comply with these obligations, the facilitator shall be subject to the obligations of an organiser under this Regulation.

(5) The booking of the package tour without using a mediator directly with the organizer, has the organizer

1.

to hand out the particulars referred to in paragraphs 1, Z 1, 2, 3, 5 and 6, together with the confirmation of travel, in written form, to the end of the accounts, and

2.

in the confirmation of travel immediately after the date of entry of the travel price in the cases in which the organizer is entitled to receive customer funds in the amount of not more than 10 vH of the travel price earlier than twenty days before the travel date 'Important information on insolvency protection: no more than 10 vH of the travel price as a deposit, the remaining payment no earlier than twenty days before the date of arrival' and in the cases in which the organiser is responsible for the Receipt of customer funds of more than 10 vH, but not more than 20 vH, of the travel price earlier 20 days prior to travel, the phrase: "Important information on insolvency protection: Pay no more than 20 vH of the travel price as a deposit, the remaining payment no earlier than twenty days before the departure of the travel". These phrases must be carried out in a typeface that is clearly legible for the book. "

6. § 8 together with the title shall be deleted.

7. § § 9 and 10 together with headings:

" 3. Section

Organizer Directory

§ 9. (1) The Federal Minister for Economic Affairs, Family and Youth shall have a list of the organizers (directory of events).

(2) The list of organizers has to contain:

1.

the name of the organizer, the location of the commercial authorization, and the locations of other premises;

2.

the company, the company's book number and the product name, provided that it is not already included in the company's word;

3.

the number under which the organiser has been entered in the list of organisers referred to in paragraph 5 (registration number);

4.

the nature and amount of the coverage of the risk in accordance with Article 3 (3);

5.

the insurer pursuant to § 3 (3) (1) or the guarantor pursuant to § 3 (3) (2) (2);

6.

the unwinder according to § 2 Z 6;

7.

where appropriate, the transfer of payments of more than 10 vH of the travel price earlier than twenty days prior to the date of departure in accordance with Article 4 (5);

(3) Business operators who intend to organise package tours have to register in the organiser's directory prior to the start of the event.

(4) In order to be entered in the list of events, the organizer has to report to the Federal Minister for Economic Affairs, Family and Youth and to prove it by means of appropriate evidence, with the information referred to in Z 2 and 3 be confirmed by a declaration made by a tax consultant on the accuracy of such information:

1.

the existence of an insurance company in the case of an insurer entitled to operate in Austria in accordance with § § 4 and 5 or a bank guarantee of a credit institution entitled to business in Austria or a guarantee declaration of a Body public law in accordance with § 6;

2. a)

the turnover resulting from the intended activity of the event in the current marketing year, and

b)

the intended extent of the allocation of charter places in accordance with Article 4 (2), indicating the modes of transport;

3.

information on the transfer of advance payments of more than 10 vH of the travel price earlier than twenty days prior to the date of arrival pursuant to § 4 (5) of the current marketing year;

4.

the unwinder according to § 2 Z 6.

(5) The Federal Minister for Economic Affairs, Family and Youth has given the organiser within four weeks from the date of the notification referred to in paragraph 4 above the conditions for entry in the list of events in accordance with paragraph 4 of this article. Register the list of organisers and inform them of their registration. At the same time, the organiser must be assigned a number, under which the organiser was entered in the list of organisers (registration number). If the conditions for entry into the list of events in accordance with paragraph 4 are not available, the Federal Minister for Economic Affairs, Family and Youth shall notify this within four weeks of the entry of the notifications referred to in paragraph 4 above. to determine.

(6) After registration in the list of organisers, the organiser shall report to the Federal Minister for Economic Affairs, Family and Youth by 30 November of each calendar year at the latest and shall be sent to the Federal Minister for Economic Affairs, Family and Youth by appropriate evidence where the information referred to in Z 2 and 3 is to be confirmed by a declaration made by a tax consultant on the accuracy of such information:

1.

the existence of an insurance company in the case of an insurer entitled to operate in Austria in accordance with § § 4 and 5 or a bank guarantee of a credit institution entitled to business in Austria or a guarantee declaration of a Body public law in accordance with § 6;

2. a)

the turnover generated by the activities of the last twelve months and

b)

in the event of an intentional increase or reduction of the turnover from the activity of the event in relation to the turnover of the last twelve months by more than 5 vH, the turnover resulting from the activity of the event during the previous marketing year and the intended purpose of the activities of the organisers. Turnover from the activity of the event in the current marketing year,

c)

the intended extent of the allocation of charter places in accordance with Article 4 (2), indicating the modes of transport;

3.

information on the modalities of payment in accordance with § 4 (5);

4.

the unwinder according to § 2 Z 6.

(7) The Federal Minister for Economic Affairs, the Family and Youth shall immediately, however, within three months after the expiry of the period referred to in paragraph 6, examine whether the organiser has complied with the provisions of paragraph 6. If paragraph 6 has not been complied with, the Federal Minister for Economic Affairs, Family and Youth has to ask the organiser to submit the missing documents within a period of two weeks.

(8) The organiser shall also immediately report to the Federal Minister for Economic Affairs, Family and Youth the following reports:

1.

any change in the turnover resulting from the activity of the event, which exceeds the forecast annual turnover of 5 vH in the last reported period, and

2.

any change of the unwinder according to § 2 Z 6.

(9) If the duration of the insurance contract or the guarantee in accordance with § 5 Z 4 is terminated by time lapse or termination, the organizer has to prove to the Federal Minister for Economic Affairs, Family and Youth one month before the end that a new cover of the risk referred to in § 3 (3) for the post-termination period.

(10) The Federal Minister for Economic Affairs, Family and Youth shall immediately delete the entry in the list of events in the event of a notice of registration if:

1.

the coverage of the risk by the organizer is no longer given in accordance with § 3 (3),

2.

the conditions for registration in the list of organisers are no longer present in cases other than those referred to in paragraph 11;

3.

an insolvency of the organiser pursuant to section 1 (3) is available;

4.

the organiser has not immediately reported the notification referred to in paragraph 7 (1), or

5.

the organiser, in spite of the request by the Federal Minister for Economic Affairs, Family and Youth, did not reimburse the due follow-up notice in accordance with paragraph 7, second sentence, in accordance with paragraph 6.

(11) The entry into the organiser's directory shall be deleted if:

1.

the necessary commercial authorization for the organiser is no longer required for the purpose of carrying out the activities of the event, or

2.

the organizer has indicated to the Federal Minister for Economic Affairs, Family and Youth the cessation of event activity.

In these cases, the Federal Minister for Economic Affairs, the Family and Youth must immediately remove the registration in the list of events.

(12) The Federal Minister for Economic Affairs, the Family and Youth has to supply information from the list of events on request to everyone.

Section 4

Control of risk coverage

Advisory Council

§ 10. (1) The Federal Minister for Economic Affairs, the Family and Youth shall set up a Advisory Board of seven members, which shall be responsible for the control of insurance and the guarantees provided for in Article 3 (3).

(2) The Advisory Council shall, in particular, review:

1.

the plausibility of the transactions reported by the organizer pursuant to § 9 paragraph 4 Z 2, in accordance with § 9 para. 6 Z 2 and in accordance with § 9 paragraph 8 Z 1 to the Federal Minister for Economic Affairs, Family and Youth from the event of the event and

2.

the amount of the insurance and guarantee provisions in accordance with § § 4 and 6.

(3) The members of the Advisory Board shall be appointed by the Federal Minister for Economic Affairs, Family and Youth for a period of two years. A member of the advisory board has to be a representative of the Federal Ministry for Economic Affairs, Family and Youth. This member shall be appointed as Chairman of the Advisory Board. Four of the other members of the advisory board are to be ordered on a proposal by the trade association of the travel agencies of the Federal Economic Chamber of the Federal Economic Chamber of Austria, whereby two members are organisers of flight package tours and Two members have to be intermediaries of package holidays. The sixth and seventh members of the Advisory Board shall be appointed on a proposal by the Association of Insurance companies of the Bundessparte Bank and Insurance of the Austrian Economic Chamber, a member of which shall be subject to relevant knowledge on the The area of insurance or banking.

(4) For each member of the Advisory Board, a substitute member shall be appointed at the same time as his/her appointment in the same manner.

(5) The Advisory Council shall meet at regular intervals, at least once every three months, and shall report to the Federal Minister for Economic Affairs, Family and Youth on the outcome of his deliberations.

(6) The Advisory Council shall adopt its rules of procedure in which the nature of the decision-making process and the conduct of the business shall be organized in such a way as to ensure the performance of the tasks assigned to the Advisory Board pursuant to paragraphs 1 and 2.

(7) The organiser shall, on request, give the Federal Minister of Economy, Family and Youth the information necessary for the performance of the tasks assigned to the Advisory Board pursuant to paragraphs 1 and 2 and to provide the necessary evidence for this purpose.

(8) The members of the Advisory Board shall exercise their duties on an honorary basis in the Advisory Board.

(9) The members of the Advisory Board shall maintain secrecy over the course of the deliberations. "

8. The following paragraphs 4 and 5 are added to § 12:

" (4) Organizers who shall be held at the time of entry into force of the Regulation BGBl. II No 275/2012 are listed in the organiser's list, the regulation is required to be in the form of an idF BGBl regulation. II No 275/2012 with the notification to be refunded pursuant to § 9 (6), but at the latest with 1 December 2012. Until that date, the BGBl Regulation shall apply. II No 316/1999, as amended by the BGBl Regulation. II No 402/2006. In the case of the provision of package tours of an organizer, to which the provisions of the Regulation BGBl. II No 275/2012 shall not apply to the Mediator, Section 7 (4), as amended by the BGBl Regulation. II No 316/1999, as amended by the BGBl Regulation. II No 402/2006.

(5) § 1 (3) and (4), § 4 together with the title, § 5 Z 7, § 7 including the title, § 9 including the title, § 10 and the title and section 12 (4) in the version of the BGBl Regulation. II No. 275/2012 shall enter into force at the end of the day of their presentation, but at the earliest with 1 September 2012; at the same time, Section 8, together with the heading of the Regulation BGBl, shall enter into force. II 316/1999, as amended by the BGBl Regulation. II No 402/2006. '

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