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

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

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=128937

Overview (table of contents) Chapter 1 Definitions

Chapter 2 Contributions, provision of guarantees, notification of key figures and financial information

Chapter 3 right of appeal

Chapter 4 entry into force The full text of the notice of registration, guarantees, etc. in the travel guarantee fund;

Pursuant to § 8, paragraph 3, and article 23, paragraph 1, of the lov nr. 315 of 14. May 1997 on a travel guarantee fund referred to in article 6. lovbekendtgørelse nr. 1192 by 8. December 2009, fixed:

Chapter 1

Definitions

§ 1. When a package is defined as a travel service as defined in section 2 (1) (8). 1-3 of the law on a travel guarantee fund.

(2). By flight or car rental abroad means a travel service as defined in section 2 (1) (8). 4 and 5, of the law on a travel guarantee fund.

Notification and registration

§ 2. Danish etablerederejseudbydere and intermediaries for foreign travel providers may only offer and sell travel services, provided they are registered in the travel guarantee fund referred to in article 6. § 8, paragraph 2, of the law on a travel guarantee fund.

§ 3. To use for registration must travel provider or retailer for a foreign travel provider using one of the Fund prepared schedule.

(2). After notification, assesses rejsegarantifonden, which guarantees travel provider must provide pursuant to §§ 11-12. Travel provider may ask for an exemption pursuant to section 8, paragraph 8, or section 14 of the Act on a travel guarantee fund or submit evidence to guarantee not to be made, see. § 8, paragraph 9, of the Act on a travel guarantee fund. A request for waiver shall include a justification and appropriate supporting document proving that the conditions for exemption are fulfilled.

(3). At the same time as the notification to the travel provider and retailer for a foreign travel provider submit a recapitulative statement which must contain all the relevant information about the travel services as a travel service provider and facilitator for a foreign travel provider provider.

§ 4. When the Fund has received a request for registration, determines the Fund as soon as possible, for registration can be made.

(2). The Fund may in connection with a request for registration require that travel provider or retailer for a foreign travel provider must submit information about their capital bases, budgets, pricing policy etc. in order that the Fund can assess the company's financial basis in relation to the planned operation.

(3). The Fund may not perform registration within 14 days after notification is received of the Fund, the Fund shall inform the travel provider or retailer for a foreign travel provider about the reason for this, as well as on when registration can be expected. When registration is made, the Fund shall simultaneously inform the data subject.

(4). The Fund may temporarily carry out registration of a travel provider or a retailer for a foreign travel provider, while the Fund deals with an exemption request. When the temporary registration is made, the Fund shall simultaneously inform the data subject. The Fund determines that the person concerned must guarantee, and is not made before the guarantee a deadline set by the Fund, delete from the register the relevant Fund. Delete a travel provider or arranging for a foreign travel provider, the Fund shall simultaneously notify the person concerned thereof and of the consequences of the deletion.

§ 5. Intermediaries for Danish established travel providers must not be recorded in the travel guarantee fund.

(2). A company is considered as a facilitator for a Danish established travel service provider, if the company resells the travel provider's travel services, and the tender documents, invoice, etc. indicates that the company is an intermediary for a travel provider.

(3). The Fund may require one of the Fund prepared form filled in by the travel provider and the provider of the travel provider, stating that the provider of the travel services provider obtains exemption from registration in the Fund.

Chapter 2

Contributions, provision of guarantees, notification of key figures and financial information

§ 6. Danish etablerederejseudbydere and intermediaries for foreign travel providers must annually pay an administration contributions to the Fund. The contribution consists of a basic contribution, which is the same for all registered, and a contribution to be determined in relation to the travel provider or retailer for a foreign travel provider's revenue, see. sections 15-16. Administration contributed shall be determined by the Fund's Board the l July every year and approved by the Minister for economic and business affairs.

(2). Administrative contribution shall be due on 1 January. September.

§ 7. Danish etablerederejseudbydere and intermediaries for foreign travel providers must in connection with registration of the Fund pay a basic contribution to the Fund. This is true even if a travel provider or a retailer for a foreign travel provider is deleted from the registration in the travel guarantee fund, and subsequently applying to be registered again.

§ 8. If the evolution of the Fund's assets so requires, it may introduce a contribution from travel providers of travel packages and disseminates to foreign providers of travel packages to the trust's assets without prejudice. § 9, paragraph 2, of the law on a travel guarantee fund. The Fund's Board of Directors shall determine the amount of contribution, so that it forms a flat rate per participant in a package, covered by the Fund's coverage. Introduction of the contribution, are providers of travel packages and intermediaries for foreign tour operators of package tours is obliged to pay this to the Fund, without prejudice. However, § 8, paragraph 9, and section 14 of the Act on a travel guarantee fund.

(2). The obligation to contribute arises when the package starts.

(3). The data subject shall, within one month and 10 days after the end of each quarter, submit a declaration to the Fund over the number of participants in the package travel, which was launched in the quarter in question.

(4). The Fund may, in exceptional cases, grant derogations from the provisions of paragraph 3.

(5). Contribution to the Fund's assets shall be due and payable at the end of a quarter. The contribution shall, within one month and 10 days after the quarter expiry, be paid into the Fund.

§ 9. When a customer has paid a contribution for a travel provider of flight or car rental abroad and to an intermediary for a foreign travel provider of flight or car rental abroad for coverage of Travel guarantee fund, travel provider further pay contributed to the Fund referred to in article 6. § 9, paragraph 3, of the law on a travel guarantee fund.

(2). The Fund's Board of Directors shall determine the amount of contribution, so that it forms a flat-rate amount per participant in a travel service that is covered by the Fund's coverage. The Fund's Board could not establish that the customers who opts-in for coverage of Travel guarantee fund for purchases of air transportation or car rental abroad, do not have to pay contributions.

(3). The data subject shall, within one month and 10 days after the end of each quarter, submit a declaration to the Fund of the travel services that are started during the quarter concerned, where the customer has opted in to coverage by the Travel guarantee fund.

(4). The Fund may, in exceptional cases, grant derogations from the provisions of paragraph 3.

(5). Contributions paid to a travel provider of flight or car rental abroad and to an intermediary for a foreign travel provider of flight or car rental abroad for coverage of Travel guarantee fund shall be due and payable at the end of the quarter in which the travel allowance commences. The contribution shall, within one month and 10 days after the quarter expiry, be paid into the Fund.

§ 10. Paid administrative contributions, contributions to the Fund's assets and contributions paid for coverage of Travel guarantee fund relating to air transport and car rental abroad is not filed in due time, emitting a default notice, the Fund which States that failure to pay can have the consequences referred to in paragraph 2, that there will be charged a handling fee and incurring interest.

(2). If the Fund is not within 14 days after the order has been issued, has received the amount due, the Fund may seek satisfaction in the questions asked warranty, see. sections 11 and 12. Fund to be repaid using the questions asked guarantee, the Fund shall at the same time give travel provider or retailer for a foreign travel provider written information as well as give the person concerned a period of 14 days to restore the guarantee. The guarantee is not restored before that period, the Fund can delete travel provider or retailer for a foreign travel provider from registration in the travel guarantee fund. Delete a travel provider or arranging for a foreign travel provider, the Fund shall simultaneously notify the person concerned thereof and of their consequences.

(3). Paid administrative contributions and contributions to the Fund's assets is not filed in due time, accrue interest from the due date. The interest rate is fixed at a monthly interest rate of 1 per cent for each commenced month after the due date, subject to a minimum of 50 DKK per quarter.

(4). The Fund may charge a processing fee of 100 DKK per message, as the Fund publishes in accordance with paragraphs 1 and 2.

§ 11. Travel package travel providers and intermediaries for foreign tour operators of package tours to the Fund must provide a warranty that is dependent on it to customers invoiced turnover of package tours, see. section 8, paragraphs 5 and 7, of the Act on a travel guarantee fund.

(2). Notwithstanding paragraph 1 and in paragraph 4 may Fund in accordance with section 14 and section 19 of the law on the travel guarantee fund Act provide that the guarantee should have a different size.


(3). It is clear from article 8, paragraph 4, of the law on a travel guarantee fund, to be calculated according to the size of the guarantee to customers invoiced turnover of travel services the past four quarters. If the travel providers of travel packages and intermediaries for foreign tour operators of package tours receive payment from customers without a proper invoice is printed, then such payments counted as invoiced turnover in the quarter in question.

(4). Startups travel providers of package travel and insurance agents for a foreign travel package travel provider must provide a guarantee upon registration, which is dependent on the in the first four quarters of budgeted revenue of the of the law included packages, see. section 8, paragraphs 5 and 7. If the invoiced turnover exceeds the budgeted annual turnover within the course of four quarters, must travel provider guarantee in accordance with section 8, paragraphs 5 and 7, in proportion to the invoiced revenue.

(5). Involves § 8, paragraph (5) or (7) of the Act on a travel guarantee fund, that there should be increase of the guarantee, the data subject should of its own motion raise the guarantee. Such an increase should be made to the Fund within one month and 10 days after the end of the quarter, which triggers the increased guarantee.

(6). Would a travel provider of vacation packages or arranging for a foreign travel provider of package travel in case of turnover losses total or partial release of the guarantee must request in writing addressed to the Fund. The Fund may require the presentation of Auditor's statement, see. section 18, paragraph 1, concerning the four quarters that warrant that the guarantee be reduced. The provision in section 16 regarding termination and cessation of the law on the travel guarantee fund Act shall apply mutatis mutandis.

§ 12. Travel providers of flight or car rental abroad and intermediaries for a foreign travel provider of flight or car rental abroad must provide a guarantee to the Fund in proportion to their turnover on bankruptcy protected travel without prejudice. § 8, paragraph 5, of the law on a travel guarantee fund.

(2). Travel providers of flight or car rental abroad and intermediaries for foreign travel providers of flight or car rental abroad, in accordance with article 8, paragraph 5, of the law on a travel guarantee fund until 1. January 2011 Pacific guarantee in relation to 25 per cent of their annual turnover of flight or car rental abroad for private use.

(3). Startups travel providers of flight or car rental abroad and intermediaries for a foreign travel provider of flight or car rental abroad, in accordance with article 8, paragraph 5, of the law on the travel guarantee fund act upon registration of a guarantee in relation to 25 per cent of the budgeted turnover in the first four quarters of flight or car rental abroad for private use.

(4). Would a travel provider of flight or car rental abroad or an intermediary for a foreign travel provider of flight or car rental abroad, in the event that fewer customers opting into the travel guarantee fund, partial or total release of the guarantee must request in writing addressed to the Fund. The Fund may require the presentation of Auditor's statement, see. section 16 (1). The provision in section 16 regarding termination and cessation of the law on the travel guarantee fund Act shall apply mutatis mutandis.

(5). Notwithstanding paragraph 1 and in paragraph 4 may Fund in accordance with section 14 and section 19 of the law on the travel guarantee fund Act provide that the guarantee should have a different size. Travel providers of flight or car rental abroad and intermediaries for a foreign travel provider of flight or car rental abroad may, however, provide a guarantee of a maximum of 100 million. KR. without prejudice. § 8, paragraph 6, of the law on a travel guarantee fund.

§ 13. Travel service providers, who offer both package tours, see. § 11, and flight and car rental abroad, see. § 12 shall provide one guarantee in relation to the total turnover of travel services subject to the Fund's coverage, in other words, package travel, flight and car hire abroad, see. § 8, paragraph 5, 6 and 7.

§ 14. A travel provider or a retailer for a foreign travel provider may, subject to article 20. § 8, paragraph 3, of the law on a travel guarantee fund guarantee by the deposit of other similar assets. By corresponding assets means government bonds and bonds issued by a financial institution under the supervision of the financial supervisory authority or similar regulatory authority. This applies only if the assets are listed on a stock exchange and pledged to the benefit of the Travel guarantee fund.

(2). By guarantees of assets referred to in paragraph 1 shall be taken into account asset value with 90 per cent of their market value. The current market value is higher than the asset nominal value included 90 per cent of the nominal value.

(3). The guarantee shall be made by the deposit of assets referred to in article 6. (1) there shall be attached to providing the guarantee with an inventory of the assets pledged as a guarantee. No later than 14 days after the end of each quarter, the Fund shall in addition receive depot transcript for documentation of asset value. The Fund does not receive depot streaky or finds that 90 per cent of the Fund assets market value/nominal value is less than the guaranteed amount under sections 8, 14 and 19 of the law on a travel guarantee fund, the Fund may decide that asset value in the future should be included with 75 per cent of their market value/nominal value.

§ 15. The registered provider of travel packages shall, within one month and 10 days after the end of each quarter, submit a declaration to the Travel guarantee fund in the case of:

1) the for the quarter in question to customers invoiced turnover including possible to turnover from the sale of package tours, which are covered by the travel guarantee fund Act and

2) it to customers invoiced to turnover in the quarter in question.

(2). The Fund may derogate wholly or partly from paragraph 1.

§ 16. The registered travel provider of flight or car rental abroad shall, within one month and 10 days after the end of each quarter, submit a declaration to the Travel guarantee fund in the case of:

1) number of participants in the travel services that are started during the quarter concerned and which have opted in to coverage by the Travel guarantee fund and

2) the turnover for the relevant quarter invoiced to customers who have opted in to coverage by the Travel guarantee fund.

(2). The Fund may derogate wholly or partly from paragraph 1.

§ 17. A travel provider and a facilitator for a foreign travel provider shall in connection with presentation of its annual report, see. the Danish financial statements Act and tax kontrollovens rules, report the following to the Fund:

1) the company's penetration rate (turnover minus cost of travel service in% of turnover),

2) company's quick ratio (the ratio between current assets and current liabilities) and

3) the company's equity ratio (equity share of total assets)

(2). Notification must be made in the Declaration referred to in article 18.

§ 18. Travel providers and intermediaries for foreign travel providers must simultaneously with the presentation of the annual report of the cause that a registered or certified public accountant submits a statement to the Fund. This applies regardless of whether the travel provider may choose not to allow the financial statements audit, see. section 135 of the Danish financial statements Act. Auditor's declaration shall include a statement that the quarterly statements, which it registered for the completed calendar year has submitted to the Fund, without prejudice. sections 15 and 17, and the reported figures, see. § 16, is controlled by the auditor.

(2). Auditor's declaration shall be drawn up in accordance with a traveling and investors ' website published statement and submitted electronically via www.virk.dk.

(3). The Fund may be wholly or partially derogate from paragraphs 1 and 2. The Fund may, in exceptional cases, provide that the information referred to in paragraph 1 shall not be controlled by a registered or certified public accountant.

§ 19. The Fund did not receive in section 8, paragraph 3, article 9, paragraph 3, and § § l5-18 information referred to, etc. in due time, without prejudice. the deadlines for the submission of the annual report to the public, the Fund sends out a reminder letter to the travel provider or retailer for a foreign travel provider. Reminder letter should include a statement that failure to submit this information, etc. can cause the travel provider or retailer for a foreign travel provider is deleted from the registration in the travel guarantee fund. The Fund has not received the information, etc. within 14 days after the reminder is sent out, the Fund can delete travel provider or retailer for a foreign travel provider from registration in the travel guarantee fund. Delete a travel provider or arranging for a foreign travel provider, the Fund shall simultaneously notify the person concerned of the deletion and the consequences thereof.

(2). The Fund may charge a processing fee of 100 DKK per message, as the Fund publishes in accordance with paragraph 1.

Chapter 3

Access to justice

§ 20. The Fund's decisions can be challenged before the EAB in so far as it follows from section 24 of the Act on a travel guarantee fund.

Chapter 4

Entry into force of the

§ 21. The notice shall enter into force on the 1. January 2010.

(2). Executive Order No. 503 of the 9. June 2004 for registration, guarantees, etc. in the Travel guarantee fund be abolished on 1 January. January 2010.
The National Consumer Agency, the 16. December 2009 Tanja Franck/Signe Schmidt