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Notice Of Registration, Guarantees, Etc. In The Travel Guarantee Fund;

Original Language Title: Bekendtgørelse om registrering, garantistillelse mv. i Rejsegarantifonden

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Table of Contents

Chapter 1 Definitions

Chapter 2 Contributions, guarantees, the reporting of key figures and accounting information

Chapter 3 Appeal access

Chapter 4 Entry into force

Appearance of the registration, guarantee of guarantee, etc. of the Travel Guarantee Fund

In accordance with Article 8 (2), 3, and section 23 (4). 1, in Law No 1. 315 of 14. May 1997 on a travel guarantee fund, cf. Law Order no. 1192 of 8. In December 2009 :

Chapter 1

Definitions

§ 1. A package travel is understood to mean a travel service as defined in section 2 (2). 1, no. 1-3, in the Act of a Travel Guarantee Fund.

Paragraph 2. In the case of air transport or ticket abroad, a travel service is defined as defined in section 2 (2). 1, no. 4 and 5, in the Act of a Travel Guarantee Fund.

Notification and registration

§ 2. The Danish establishment and intermediaries of foreign travel providers may only offer and sell travel services provided that they are registered in the Travel Guarantee Fund, cf. § 8 (3) Two, in the Act of a Travel Guarantee Fund.

§ 3. For the purposes of registration, the travel provider or the intermediary of a foreign travel provider shall use one of the Fund ' s scheme.

Paragraph 2. After the notification, the Guarantee Guarantee Fund assesses the guarantee that the travel provider shall make provision in accordance with section 11 to 12. The travel provider may request a derogation in accordance with Article 8 (3). 8, or section 14 of the Act of a Travel Guarantee Fund or forward documentation to ensure that the guarantee is not to be placed, cf. § 8 (3) Nine, in the Act of a Travel Guarantee Fund. A request for a derogation shall contain a justification and necessary supporting evidence that the conditions of the derogation are fulfilled.

Paragraph 3. At the same time, with the notification, the travel provider and the intermediary of a foreign travel provider shall submit a list to include all relevant information relating to the travel benefits provided by the travel provider and the intermediary of a foreign travel provider.

§ 4. When the Fund has received a request for registration, the fund shall be determined as soon as the registration may occur.

Paragraph 2. In the context of a request for registration, the Fund may require the travel provider or the intermediary of a foreign travel provider to submit information on their capital bases, budgets, price policy, and so on for the purpose of assessing the Fund ; the economic base of the undertaking in relation to the planned operation.

Paragraph 3. If the Fund cannot register within 14 days of notification received in the Fund, the Fund shall inform the travel provider or the intermediary of a foreign travel agent on the basis of the reason and when the registration may be registered. At the same time, when registration is made, the Fund shall notify the data subject.

Paragraph 4. The Fund may be temporarily registered by a travel provider or by means of a foreign travel provider, while the fund is processing a derogation request. Where temporary registration has been made, the fund shall at the same time inform the data subject. If the Fund is to guarantee the guarantee, the guarantee shall not be provided within a time limit set by the Fund, the Fund shall delete the person concerned from the register. If a travel agent is deleted or facilitator of a foreign travel provider, the Fund shall at the same time inform the person concerned and of the consequences of the deletion.

§ 5. Formidlers for Danish established travel providers should not be registered in the Travel Guarantee Fund.

Paragraph 2. An undertaking is considered to be the means of a Danish established travel provider if the company resell the travel provider's travel services, and that of the tender documents, the invoice, etc., shows that the company is the means of a travel provider.

Paragraph 3. The Fund may require one of the Fund ' s form filled by the travel provider and the intermediary of the travel provider, indicating that the travel provider retailer will be exempt from registration in the Fund.

Chapter 2

Contributions, guarantees, the reporting of key figures and accounting information

§ 6. The Danish establishment and intermediaries for foreign travel providers must, once a year, have to make a contribution to the fund. The contribution consists of a basic contribution that is the same for all registered and a contribution that is fixed in relation to the travel provider or the intermediary of a foreign travel provider's turnover, cf. § 15 -16. The administrative contribution shall be determined by the Board of the Fund of the Fund. July each year, and the Minister for Economic Affairs and Economic Affairs has been approved.

Paragraph 2. The administration contribution is due to payment on 1. September.

§ 7. In the context of registration in the Fund, Danish establishment and intermediaries for foreign travel providers must pay a basic contribution to the fund. This also applies if a travel agent or an intermediate for a foreign travel provider is deleted from registration in the Travel Guarantee Fund and subsequently the applicant to be registered again.

§ 8. In the case of the development of the fund ' s assets, a contribution from travel providers of package travel and forcidences for foreign travel providers of package travel providers may be introduced for the fortune of the fund, cf. Section 9 (1). Two, in the Act of a Travel Guarantee Fund. The Board of Directors of the Fund shall determine the amount of the contribution so that it represents a flat-rate amount per participate in a packet rule covered by the cover of the fund. The contribution is made, travel providers of package travel providers and intermediaries for foreign travel providers of package travel shall be obliged to deposit this into the fund, cf. however, section 8 (3). 9, and section 14 of the Act of A Travel Guarantee Fund.

Paragraph 2. The obligation to act shall be subject to the commencement of the packing line.

Paragraph 3. The data subject shall be submitted within one month and 10 days after the end of each quarter submit a statement to the Fund of the number of participants in the package travel commenced in the quarter.

Paragraph 4. The Fund may, in particular cases, dispensers from paragraph 1. 3.

Paragraph 5. Contributions to the fortune of the fund are due to the end of a quarter. The contribution shall be paid within one month and 10 days after the end of the quarter to the Fund.

§ 9. When a customer has paid a contribution to a travel provider of air transport or rental abroad and to an intermediant for a foreign travel provider of air transport or rental abroad for the provision of the Travel Guarantee Fund, the travel provider shall pay the transfer of the goods ; contributed to the fund, cf. Section 9 (1). 3, in the Act of a Travel Guarantee Fund.

Paragraph 2. The Board of Directors of the Fund shall determine the amount of the contribution so that it represents a flat-rate amount per participate in a travel benefit subject to the coverage of the Fund. The Board of Directors of the Fund cannot provide for customers who choose to cover the Travel Guarantee Fund by purchasing air transport or tickets abroad will not have to pay any contributions.

Paragraph 3. The data subject shall be submitted within one month and 10 days after the end of each quarter submit a statement to the Fund for travel benefits commenced in the quarter in question, where the Customer has selected coverage of the Travel Guarantee Fund.

Paragraph 4. The Fund may, in particular cases, dispensers from paragraph 1. 3.

Paragraph 5. Contributions paid to a travel provider of air transport or ticket abroad, and to an intermediate for a foreign travel provider of air transport or ticket abroad for the provision of the Travel Guarantee Fund for payment by the end of the quarter, where the travel service is initiated. The contribution shall be paid within one month and 10 days after the end of the quarter to the Fund.

§ 10. The contribution of the Fund, contribution to fund assets and contributions paid to cover the Travel Guarantee Fund for air transport and ticket abroad is not in a timely manner, the Fund sends a claim, which states that a loss of payment may be provided in paragraph 1. The consequences of an expedition fee and interest shall be subject to the consequences of such charges.

Paragraph 2. If the Fund does not receive the amount due no later than 14 days after the claim has been issued, the Fund may seek its satisfaction in the guaranteed guarantee as provided for in the Fund. sections 11 and 12. The Fund shall, at the same time, enable the Fund to provide the travel provider or the intermediary of a foreign travel provider, in writing and shall give the person concerned a period of 14 days to re-establish the guarantee. If the guarantee is not reestablished within that time limit, the fund may delete the travel provider or the intermediary of a foreign travel provider from registration in the Travel Guarantee Fund. Where a travel agent or the means of a foreign travel provider is deleted, the Fund shall, at the same time, inform the person concerned and of the consequences thereof.

Paragraph 3. If administration contributions and contributions to the fund ' s assets are not in a timely manner, interest shall be incurred from the due date on the day of the day. The interest rate shall be fixed at a monthly rate of interest rate 1%. for each starting month after the month of the month, but at least 50 kr. per Quarter.

Paragraph 4. The Fund may charge an expedition fee of 100 kr. per Message emitting in accordance with paragraph 1. One and two.

§ 11. Travel providers of package travel providers and intermediaries for foreign travel providers of package travel must, in addition to the Fund, provide a guarantee that is dependent on customers billed turnover for package travel, cf. § 8 (3) 5 and 7, in the Act of a Travel Guarantee Fund.

Paragraph 2. Notwithstanding paragraph 1 Paragraph 1 and paragraph. The Fund may, in accordance with sections 14 and section 19, allow the guarantee of a different size to be fixed by the guarantee fund.

Paragraph 3. This is stated in section 8 (4). 4, in the Act of a Travel Guarantee Fund, that the amount of the warranty is calculated according to the customer billed turnover of travel services in the past four quarters. If travel providers of package travel providers and intermediaries for foreign travel providers of package travel providers receive payment from customers, without any actual invoice being printed, such payments shall be included as billed turnover in that particular item. Quarter.

Paragraph 4. The travel providers of package travel providers and intermediaries for a foreign travel provider of package travel shall, at the time of registration, provide a guarantee that will depend on it in the four first quarters budgeted for the circulation of the provisions covered by the law. cf. Article 8 (2) of the law. Five and seven. If the billed turnover exceeds the budgeted annual turnover before four quarters are taken, the travel provider shall provide a guarantee in accordance with the provisions of Article 8 (8) of the law. 5 and 7, in relation to the billed turnover.

Paragraph 5. Indebtor § 8, paragraph. 5 or 8. 7, in the Act of a Travel Guarantee Fund, that an increase in the guarantee must be raised, the subject of its own operation will have to increase the guarantee. Such an increase must have happened to the Fund within one month and 10 days after the end of the quarter which triggers the increased guarantee.

Paragraph 6. A travel provider of package travel or intermediation for a foreign travel provider of package travel by package travel in the event of a reduction in whole or partial release of the guarantee shall be made in writing to the Fund. The Fund may require the revision declaration to be provided, cf. Section 18 (2). Paragraph 1, which concerns the four quarters, which justifies the establishment of a reduced guarantee. The provision in section 16 concerning termination and termination of the Act of a Travel Guarantee Fund shall apply mutatis mues;

§ 12. Travel providers of air transport or ticket abroad and intermediaries for a foreign travel provider of air transport or rental abroad must, in accordance with the Fund, provide a guarantee in relation to their turnover in bankruptcy for bankruptcy. § 8 (3) Five, in the Act of a Travel Guarantee Fund.

Paragraph 2. Travel providers of air transport or tickets abroad and intermediaries for foreign travel providers of air transport or tickets abroad must be in accordance with Article 8 (3). 5, in the Act of a Travel Guarantee Fund until 1. In January 2011, a guarantee of 25%. for their annual turnover of air transport or rental car for private use.

Paragraph 3. Recently, travel providers of air transport or air transport service providers and intermediaries for a foreign travel provider of air transport or tickets abroad must be in accordance with Article 8 (3). 5, in the Act of a Travel Guarantee Fund, a guarantee with regard to 25% shall be guaranteed. in the four quarters of the first 15 minutes, budgeted for the movement of air transport or rental of air transport to private use.

Paragraph 4. A travel provider of air transport or ticket abroad or an intermediation for a foreign travel provider of air transport or rental abroad, in the event of a reduction in customers taking cover of the travel guarantee fund, whole or partial release ; by the guarantee, request shall be made in writing to the Fund. The Fund may require the revision declaration to be provided, cf. section 16 (4). Paragraph 16 on Termination and Termination in Act on a Travel Guarantee Fund shall apply mutatis mues;

Paragraph 5. Notwithstanding paragraph 1 Paragraph 1 and paragraph. The Fund may, in accordance with sections 14 and section 19, allow the guarantee of a different size to be fixed by the guarantee fund. However, travel providers of air transport or rental car service providers and intermediaries for a foreign travel provider for air transport or ticket abroad may, however, provide a guarantee of EUR 100 million. DKK cf. § 8 (3) Six, in the Act of a Travel Guarantee Fund.

§ 13. Travel providers that provide both package travel, cf. 11, and air transport and ticket abroad, cf. Section 12 shall provide one guarantee in relation to the total turnover of travel benefits covered by the cover of the fund, that is, package travel, air transport and ticket abroad, cf. Article 8 (2) of the law. Five, six and seven.

§ 14. A travel agent or an agent of a foreign travel provider may, cf. § 8 (3) 3, in the Act of a Travel Guarantee Fund, guarantee the deposit of other similar assets. In the case of the corresponding assets, the state bonds and bonds issued by a financial institution under the supervision of the Financial Supervisory Authority or a similar supervisory authority shall be defined. This is true only if the assets are listed on a stock exchange and pawned pawn to the benefit of the Travel Guarantee Fund.

Paragraph 2. Guarantees of assets pursuant to paragraph 1. 1 the value of the assets is counted by 90%. of their Kurdish value. If the current rate value is greater than the nominal value of the asset is calculated 90%. of the nominal value.

Paragraph 3. The guarantee at the disposal of assets, cf. paragraph 1, the guarantee shall be accompanied by a list of the assets that have been provided for the guarantee. In addition, within 14 days after the end of each quarter, the fund will also receive depots for the documentation of the value of the assets. If the fund does not receive the depote statement or the Fund finds that 90% of the fund. the value / nominal value of the assets is less than the guarantee in accordance with sections 8, 14 or 19 of the Act of a Travel Guarantee Fund, the Fund may decide that the value of the assets in the future should be counted 75%. of their curris/nominal value.

§ 15. The registered travel provider of package travel shall not later than one month and 10 days after the end of each quarter submit a statement to the Travel Guarantee Fund :

1) for the quarter to be billed for the customers concerned, including any airline sales revenues for sale of packages covered by the Act of a Travel Guarantee Fund ; and

2) the customers billed airline turnover in the quarter in question.

Paragraph 2. The fund may dispensor wholly or partially from paragraph 1. 1.

§ 16. The registered travel provider of air transport or ticket abroad shall, within one month and 10 days after the end of each quarter submit a statement to the Travel Guarantee Fund :

1) the number of participants in the travel services commenced in the relevant quarter, which have been selected by the Travel Guarantee Fund ; and

2) the quarterly billed turnover for customers who have been selected by the Travel Guarantee Fund.

Paragraph 2. The fund may dispensor wholly or partially from paragraph 1. 1.

§ 17. A travel agent and an equipment for a foreign travel provider must in the case of the submission of its annual report, cf. the rules of the annual accounting officer and the rules of the tax audit shall report the following to the Fund :

1) the level of coverage of the undertaking (revenue deduced from the cost of travel in the case of the travel allowance. by the turnover),

2) the cash flow ratio of the establishment (ratio of turnover assets and short-term debt) ; and

3) the company ' s solidity level (own share of assets ' sum),

Paragraph 2. The report shall be made in the declaration referred to in section 18.

§ 18. Travel providers and intermediaries for foreign travel providers must also, at the same time, have an annual report to submit a declaration to the Fund by a registered or a State certified auditor. This applies regardless of whether the travel provider may fail to review the annual accounts, cf. Section 135 of the Accounting Act. The auditor ' s declaration shall indicate that the quarterly statements to which the data subject for the completed calendar year have been submitted to the Fund have been submitted to the Fund, cf. ~ § 15 and 17, and the reported key figures, cf. Section 16 is controlled by the auditor.

Paragraph 2. The auditor ' s declaration shall be drawn up in accordance with the published declaration of the Travel Guarantee Fund by electronic means and electronically submitted via www.virk.dk.

Paragraph 3. The Fund may, in whole or in part, be dispensers from paragraph 1. The Fund may in particular cases determine that the measures referred to in paragraph 1 are to be determined. 1 mentioned information shall not be checked by a registered or certified auditor.

§ 19. The Fund does not receive them in section 8 (4). 3, section 9 (4). 3 and section l5-18 mentioned information, etc. in good time, cf. the release for the submission of annual reports to the public, the Fund shall issue a clear letter to the travel provider or the intermediary of a foreign travel provider. The description shall indicate that the absence of transmission of the information must mean that the travel provider or the intermediary of a foreign travel provider may be deleted from registration in the Travel Guarantee Fund. If the Fund has not been received by the Fund within 14 days of the release of the letter of rye, the fund may delete the travel provider or the intermediary of a foreign travel provider from registration in the Travel Guarantee Fund. If a travel agent is deleted or the means of a foreign travel provider, the Fund shall at the same time inform the person concerned of the deletion and the consequences thereof.

Paragraph 2. The Fund may charge an expedition fee of 100 kr. per Message emitting in accordance with paragraph 1. 1.

Chapter 3

Appeal access

20. The decisions of the Fund may be brought before the Acquirees Board to the extent that it follows section 24 of the Act of A Travel Guarantee Fund.

Chapter 4

Entry into force

§ 21. The announcement shall enter into force on 1. January, 2010.

Paragraph 2. Publication no. 503 of 9. June 2004 on the registration, guarantee and guarantee of the Travel Guarantee Fund shall be repealed on 1. January, 2010.

Consumers, this is 16. December 2009Tanja Franck / Signe Schmidt