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Announcement Of Law On A Travel Guarantee Fund

Original Language Title: Bekendtgørelse af lov om en rejsegarantifond

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Table of Contents
Chapter 1 Scope and definitions of the law
Chapter 2 Fund assistance for customers and fonts of the Fund
Chapter 3 The notification and registration of the Fund, compensation and payment of contributions by travellers and dissesioning of the Fund,
Chapter 4 The Foundation ' s Administrative Board, statutes and powers
Chapter 5 Correction of the registration and provision of a guarantee of guarantee
Chapter 6 International Scope of the Law, etc.
Chapter 7 Powers of the minister
Chapter 8 Penalty and entry into force, etc.

Publication of the Act of a Travel Guarantee Fund

In this way, the Act of A Travel Guarantee Fund shall be announced. Law Order no. 1192 of 8. In December 2009, with the changes that result from law no. 531 of 29. April 2015.

Chapter 1

Scope and definitions of the law

Fonden

§ 1. The travel guarantee fund is a private self-supporting institution that has to provide customers with assistance. The Fund shall provide assistance under Clause 5, 5 (a) and (6) when a customer has concluded an agreement on a travel service by means of a registration of a taxable travel provider or an agent for a foreign travel provider, cf. however, section 21, and when a customer has concluded an agreement on a travel service with a carrier of air transport.

Paragraph 2. The Fund shall finance and secretarial services a travel token, which has been established and approved in accordance with the law on consumer complaints. The Board of Journey Board shall deal with complaints raised by consumers relating to travel services. The Board shall be operated and financed in accordance with the law on consumer complaints.

Travel benefit

§ 2. For the purposes of a travel benefit,

1) A package that consists of a combination of at least two of the following elements, provided that the service provider is offered collectively or has been offered in advance and sold together, and if the total benefit is a duration of more than 24 hours or includes overnight :

a) Transport.

b) Quartering.

c) Other tourist benefit which is not directly linked to transport or accommodation, but which is an essential part of the package travel.

2) A service that includes transport and accommodation which has been agreed with the same travel provider or an amount of money, but which are not covered by No 2. 1.

3) Transport and other tourist service, which do not have a duration of 24 hours, but has an overall price of over 1000 kr.

4) Air transport.

Paragraph 2. Separated bilking of the items referred to in paragraph 1. 1 that does not mean that the combination of these falls outside the law.

Travel providers, assets and carriers of air transport services

§ 3. As a travel provider, anyone who, in his own name to customers, offers or sells them in section 2 (2). 1, no. The travel services referred to in Article 1 (3) shall directly or may be provided by means of an increase unless this undertaking is solely practised on a cality

Paragraph 2. In the case of an entrenders, anyone who offers or sells a travel service in the name of an indigenous traveler's name.

Paragraph 3. By means of a foreign travel provider, anyone who offers or sells a travel service in the name of a foreign travel provider is considered.

Paragraph 4. As a carrier of air transport, anyone named in their own name or sells air transport shall be considered to be an occasional service for the occasional services.

Customer

§ 4. As a customer, anyone who buys, or in whose name is purchased, is considered to be a travel service. If the customer is to transfer the travel allowance, the person who receives the travel allowance is considered to be the customer. However, the person buying a travel allowance for commercial purposes shall not be considered as a customer.

Chapter 2

Fund assistance for customers and fonts of the Fund

Coverage range

§ 5. When a customer has entered into an agreement for a travel benefit, cf. Section 2 (2). 1, no. 1 3, the Customer may receive sums charged as payment for an event, reimbursed by the Fund if the travel provider ' s financial circumstances have resulted in a non-entry in respect of the travel service. If the travel benefit is terminated for the same reason, the Customer may require compensation from the Fund for the part of the remuneration corresponding to the non-compliance of the customer.

Paragraph 2. In the case of a travel provider ' s economic condition, the Fund shall be provided for the appropriate time to ensure that the appropriate return of the goods is not provided for by the Customer.

Paragraph 3. Where a travel provider ' s economic condition is provided that the Customer is not provided adequate accommodation for accommodation and other essential necessities, the Fund shall provide for it or provide a reasonable amount of compensation.

Paragraph 4. In addition, the Fund may provide a reasonable compensation for losses resulting from the economic conditions of a travel provider.

Paragraph 5. The Fund may provide a compensation to a money that, as a result of the economic conditions of a travel provider, has fulfilled the Customer's requirements, cf. § 28, paragraph 1. One, in the law of package travel.

Paragraph 6. The fund can help ensure that travel services are implemented if the Fund is estimated that it will achieve a substantial economic saving.

§ 5 a. When a customer has entered into an agreement for a travel service that includes air transport only, cf. Section 2 (2). 1, no. 4, the customer is covered in accordance with paragraph 1. 2 and 3 if the journey has been started and the Customer has a valid home travel document to a Danish airport. Domestic flights and travel services covered by Section 2 (2). 1, no. One-three is not subject to the provision. The travel guarantee fund shall be repaid for air bankruptcy contributions collected from domestic flights to carriers of air travel and air bankruptcy contributions collected from air transport, which are subsequently used as an element in one of the sections 2 (2). 1, no. 1-3 mentioned travel services, to travel providers.

Paragraph 2. In the case of an operator of air transport ' s economic condition, the Fund shall ensure that the carrier is not provided for appropriate home transport, and shall ensure that it is not provided for.

Paragraph 3. In addition, the Fund may provide a customer a reimbursement for a non-repaid advance from a Danish airport to a foreign destination, provided that there is sufficient funds in the plane travel fund as required by the de-payment of the products referred to in paragraph 1. 2 mentioned expenditure. If there is not enough money in the aircraft travel fund to cover non-commended pre-paid travel, a proportionate financial coverage of the customer's loss is carried out. The allowance shall be deducted 1000 kr. per Travel.

Deabit for presentation of requirements

§ 6. A request from the customer to be repaid pursuant to section 5 shall be made available to the Fund within a reasonable period of time, but not later than 1 years after the completion of the travel service, or it is apparent that the travel allowance will not be implemented.

Paragraph 2. A request from the customer to be repaid pursuant to section 5 (a) shall be made in respect of the Travel Guarantee Fund within six months of the completion of the travel service, or it is apparent that the travel allowance will not be implemented.

Regreet requirements, etc.

§ 7. The Fund shall meet in the Customer's requirements to the extent that it has done so. The Fund shall have the right to have the expenditure incurred by it for the transport of repatrials and other forms of aid, cf. Section 5 (5). 2-5 and § 5 a, compensatas.

Paragraph 2. However, the Fund shall not be included in the Customer's request against any funds provided that it has incurred responsibility to the Customer on the basis other than Section 28 (3). One, in the law of package travel.

Paragraph 3. Where the remuneration of a travel benefit is wholly or partially covered by loans granted by a third party on the basis of an agreement between this and the travel provider or the intermediary of a foreign travel provider, the Fund will be subject to the customer's requirements after the credit agreement on the basis of which the Fund has done so has been done by the Fund.

Paragraph 4. The Fund may, to the extent that it has granted customers compensation, repatriating or other aid, may seek the satisfaction of the guarantee amount provided by the intermediary of a foreign travel provider, cf. § 8 (3) If a guarantee is not provided by the intermediary, this shall be liable for an amount equal to the amount that should have been guaranteed.

Paragraph 5. Any person who publicies travel services for a registration of a registration service provider, which contravenes the provision in Article 8 (3). 3, has not been guaranteed, shall be responsible for the amount that should have been guaranteed.

Paragraph 6. The operator who has sold a travel service for resale, shall be liable to the Fund for the implementation of the travel allowance, if the person concerned recognized or should have recognized that the travel provider would not be liable to : could complete the event.

Chapter 3

The notification and registration of the Fund, compensation and payment of contributions by travellers and dissesioning of the Fund,

Notification, registration and guarantee

§ 8. Travel providers and intermediaries for foreign travel providers must report to the Travel Guarantee Fund, which shall record and inform the persons concerned of their inclusion in the Register.

Paragraph 2. Travel providers and intermediaries for foreign travel providers may only offer and sell travel services provided that they are registered in the Travel Guarantee Fund. Registered travel providers must indicate, or otherwise, clearly indicate that they are registered in the Travel Guarantee Fund. Information must be freely available to customers.

Paragraph 3. It is a condition for registration that the travel provider or the intermediary of the foreign travel provider to the Fund provides a guarantee that relies on its turnover, in accordance with the provisions of paragraph 1. 4 and 5. The guarantee shall be made in a financial institution, in an insurance undertaking, by means of cash deposits or depositing other similar assets. The Minister for the Acting and Growth Minister shall lay down detailed rules on the other equivalent assets other than cash deposited. The amount of the guarantee shall be required to cover the requirements of the Fund for the provision of the Fund to the travel provider or the intermediary of a foreign travel provider.

Paragraph 4. For the circulation of paragraph 1, THREE, ONE. PC, the most recent 4 quarters of the customers are billed turnover when selling the services covered by the law included in the applicable travel services. § 5.

Paragraph 5. A travel agent or an agent of a foreign travel provider must provide a guarantee, cf. Section 23, paragraph 1. The amount of the guarantee shall be fixed as follows :

1) There is no guarantee for a turnover under 250 000 kr. For a turnover of more than 250,000 crane, but not more than 5 million. Crater, is guaranteed $300,000.

2) For a turnover of more than 5 million, The crane, but not over 10 million. Ckron, is guaranteed $500,000.

3) For a turnover of more than 10 million, The crane, but not over 15 million. kr. is guaranteed $750,000.

4) For a turnover of more than 15 million, The crane, but not over 50 million. kr. Guarantees 1 million. DKK

5) For a turnover of more than 50 million, The crane, but not over 100 million. The guarantee is 1.5 million. DKK

6) For a turnover of more than 100 million, The crane, but not more than 250 million. Guarantees 2 million. DKK

7) For a turnover of more than 250 million, DKK is the guarantee of 2,5 million. DKK and a further guarantee of EUR 1 million. DKK for each 100 million. The chromosome turnover exceeds 250 million. DKK

Paragraph 6. Almenus associations, etc., which, as part of their company, provide travel services, should not provide a guarantee. However, this only applies if the travelling company forms a smaller part of the non-profit-making activities of the association.

Paragraph 7. The intermediary of a foreign travel provider shall not make guarantees or pay any contributions if the guarantee for the intermediary of the intermediary sold the conditions laid down in one of another EU or of the EEA country approved.

Paragraph 8. A travel agent or the means of a foreign travel agent who has been sentenced or has passed a fine for infringement of paragraph 1. 2, may not be registered in the Fund until the Fund's requirements under section 7 are paid.

Contributions to the Travel Guarantee Fund

§ 9. The travel guarantee fund is one legal entity whose fortune is to be divided into two foundskboxes, a packet registration fund in respect of the sections 2 (2). 1, no. 1-3, mentioned travel services and a travel fund molasses relating to the one in section 2, paragraph 1, no. 4, mentioned travel benefit. The two fondders shall be discrete separately, but in certain circumstances, loans between the fondders shall be entered in accordance with : § 9 (c)

§ 9 a. Travel providers and intermediaries for foreign travel providers of travel services covered by Section 2 (2). 1, no. 1-3, shall pay an administrative contribution to the package travel fund to finance the operating costs of the package travel funds and the estimated cost of the packing. The size of the contribution shall be determined by the Board of Directors of the Travel Guarantee Fund and shall be approved by the Acquisitive and Growth Minister.

Paragraph 2. The Board of Directors of the Travel Guarantee Fund may provide that travel providers and intermediaries for a foreign travel provider of the two (2) (2) shall be provided for. 1, no. 1 3, mentioned travel services, shall pay a contribution to the packet fund rate per unit. participate in a travel benefit covered by the cover of the package travel funds, cf. § 5. The size of the contribution shall be determined by the Board of Directors of the Travel Guarantee Fund and shall be approved by the Acquisitive and Growth Minister.

Paragraph 3. The fortune of the package of funds shall be determined by the Board of Directors of the Fund and shall be approved by the Acquisitive and Growth Minister.

§ 9 b. Tranbutation of air transport, cf. Section 3, paragraph 3. 4, will be charged a contribution of 2 kr. per Travelers from a Danish airport to a foreign destination. The income contributions will be included in the Fund for the Travel Guarantee Fund for the provision of benefits covered by paragraph 1. 5 as well as § 5 a.

Paragraph 2. The travel fund box is fully constructed when the Fund Fund has obtained the size of a hundred million. DKK Contribution collection will then be placed in bero, cf. however, paragraph 1 3 and 4.

Paragraph 3. In the case of the aeronair travel fund, having obtained a size of EUR 100 million ; DKK because of the bankruptcy of air transport providers, it comes under 75 million. kr. will contribute, cf. stk.1, be reactivated until the Fund of the Fund again achieves the size of 100 million. DKK The charge collection will then be put into intoxication.

Paragraph 4. In the case of the airline travel fund due to the bankruptcy of air transport providers, less than 25 million will be provided. kr. will have contributed cf. paragraph 1, be increased to 4 crane until the Fund of the Fund is achieved by a hundred million. The charge collection will then be put into intoxication.

Paragraph 5. The costs of administering the aircraft bankruptcy scheme shall be borne exclusively by the airline ticket box.

§ 9 (c) A loan may be granted between the two foundders if insufficient funds are available in the amount of the fund ' s fund to meet its obligations. The loan between the fondders may, in exceptional cases, be required to be immediately released. Borrowing of the air travel fund box cannot be used to cover advance payments, cf. § 5 (a) (a) 3. The loans between the fondders shall be approved by the Acquisitions and Growth Minister.

Chapter 4

The Foundation ' s Administrative Board, statutes and powers

Composition

§ 10. The Board of Directors of the Fund shall consist of 1 President and 6 members appointed by the Acquisitive and Growth Minister. Of the six members, two members of the Fund registered travel providers and intermediaries for foreign travel providers, one member represents providers of air transport, and 3 members represent customers. The Administrative Board and a deputy for the President shall be appointed for three years.

Accounting

§ 11. The Management Board shall deliver within six months of the expiry of the financial accounts of the Fund for the business and growth minister by a calendar year after a calendar year of the Financial Review.

Staff Regulations and Rules of Procedure, etc.

§ 12. The rules of the Fund and of the Management Board shall be adopted by the Administrative Board and shall be approved by the Minister for the Acting and Growth Pact. The articles must contain provisions concerning the mobilisation of the Fund resources.

Paragraph 2. The costs of the Fund administration shall be borne by the Fund.

Supervision and information

§ 12 a. Travel providers and intermediaries to a foreign travel provider must once every year report a level of coverage, liquidity degree and solidity of the fund in the context of the closure of their annual accounts.

Information

§ 13. The Fund may, of all information, require any information deemed necessary to ensure that the law is complied with, including in determining whether a relationship falls within the law, or to prevent the Fund from suffering loss. The Fund may require documentation of information that is rendered in accordance with 1. Act.

§ 13 a. Persons who, as part of the work of the Fund, are informed by sections 12 a and 13 of this information in accordance with section 12 (a) and (13).

Reduced warranty and contribution

§ 14. The Fund may provide that the guarantee or contribution shall be reduced or disposed of for a travel agent or an intermediate for a foreign travel provider.

Chapter 5

Correction of the registration and provision of a guarantee of guarantee

The guarantee for the guarantee

§ 15. If the Fund has been provided for by a travel agent or an intermediary for a foreign travel provider, the travel provider or the registration of the carrier shall be deleted from the Fund, unless the guarantee is sufficient to cover ; the amount of the Fund ' s claims and the guarantee before any of the Fund shall be set up in section 8 of the Fund. 5, mentioned the size, cf. However, section 19.

Termination and Termination

§ 16. If a guaranteed guarantee has been made or an end of a registered travel agent or an impeller for a foreign travel provider, the registration shall be deleted and the guarantee shall be released when it is deemed to be excluded that the requirements of customers will be excluded ; appear.

Absence of guarantee or payment of contributions, etc.

§ 17. Avoids a registered travel agent or an intermediation for a foreign travel provider to pay contributions to the fund or to make guarantees in accordance with paragraph 8 (8). or in paragraph 19, or in paragraph 12 (a), 13 and 22 (3) (a) or (1) of the Fund. The Board ' s governing board may decide, if the commitments are not fulfilled within a time limit, to delete the registration in the Fund.

Recording

§ 18. A travel agent or the means of a foreign travel provider whose registration has been deleted pursuant to section 15 or 17 (3). First, once the travel provider or the intermediary of the foreign travel provider, the travel provider or the intermediary of the travel provider may not be reentered into the register, shall be recharged to the Fund and have provided the information requested by the Fund.

Exhibiation of guarantee

§ 19. The Fund may require a guarantee of a travel provider or an intermediation of a foreign travel provider when, after a specific analysis of its economic circumstances, it must be assumed that there is a particular risk that the Fund will suffer losses. The Fund must, in connection with this, observe the rules on the part-examination and on the grounds of the administrative law.

Paragraph 2. Dispose of the item in paragraph 1. The Fund shall, at the request of the request, set up the guarantee.

Chapter 6

International Scope of the Law, etc.

Recording duty

20. The lettler to register in this country includes established travel providers and intermediaries for foreign travel providers.

Cover of the Fund

§ 21. The fund does not cover travel services that have been marketed and sold abroad.

Paragraph 2. A travel benefit is considered to be marketed and sold abroad, provided that :

1) the travel provider or the means of transport received the Customer's order abroad ; or

2) abroad has made special offers to the Customer or made advertising and, subsequently abroad, the actions required for the conclusion of the contract.

Claim of adequate warranty

§ 22. Everyone in this country has established travel agents or the means of a foreign travel provider, which, within the EU/EEA area, provides package travel services, cf. Section 2 (2). 1, no. 1 which are not covered by the Fund, cf. Section 21 shall provide adequate guarantees, in the case of insolvency or bankruptcy, to ensure the repayment of the amount and the home transportation of the customer.

Paragraph 2. Anyone who, from a foreign country market package travel services in this country, shall provide adequate guarantees in the event of insolvency or bankruptcy to ensure the repayment of the amount and the home transportation of the customer. Guarantees satisfying the conditions laid down in one of the EU/EEA-country approved arrangements shall be deemed to be adequate.

Paragraph 3. If the Fund is so requested, they shall demonstrate that they are in accordance with paragraph 1. 1 and 2 the requirements for security shall be lodged. Similar documentation shall be provided on request to a foreign authority that controls the rules laid down for the implementation of Council Directive 90 /314/EEC on package travel services, including packaging and package journeys.

Chapter 7

Powers of the minister

-23. The Minister for the Industry and Growth Minister shall lay down detailed rules for the implementation of the law, including payment of contributions, payment of interest rates and fees relating to late payment, reporting of key figures, auditing of guarantees and the extent to which the universal service is concerned, registration in the Fund, the guarantee of guarantee and the fund's assistance to customers.

Paragraph 2. The Minister for Industry and Growth may, by way of cession from the Fund, if the price developments or developments in the fund ' s fortune offer it, increase the guarantee allowance, see it in accordance with the opinion of the Fund. § 8 (3) 3-5.

Paragraph 3. The Minister for Industry and Growth can, with the support of the European Parliament's Financial Committee, provide a guarantee of loans admitted to the funds for fulfilling its obligations.

Paragraph 4. In the case of travel providers or intermediaries from travel providers or intermediaries for foreign travel providers, the business and growth minister may obtain the information on the circulation and advance payments necessary for taking a decision pursuant to paragraph 1. Two and three.

Paragraph 5. If the price dives say so, the business and growth minister may raise it in section 2 (2). 1, no. 3, mentioned the amount of the limit.

Paragraph 6. The Minister for the European Union and the Minister for Growth can, in accordance with the law, be placed under the law of a governing board, in the Ministry of Acquidation and the Ministry of Growth.

Appeal access

§ 24. Decisions of the Fund relating to the duty of registration and guarantee shall be provided in accordance with section 8, cf. § § § 2-4, section 14 (4) 2, section 19-21 and section 22 (3). The provisions of Article 14 (1) and (2) and Decision of the Commission shall decide on the obligation to provide for registration and guarantee. Paragraph 1, and section 23 (1). 1 may be brought before the Acquirees Board. The appeal shall be made no later than four weeks after the decision has been notified to the person concerned.

Chapter 8

Penalty and entry into force, etc.

Punishment

§ 25. In the case of insofar as penalties are not inflited on the other legislation, penalties shall be penalised for up to four months in the case of the penalty which is not :

1) is breaching section 8 (3). 2,

2) fails to give the Fund and the Acquireate and Growth Minister in accordance with § 12 a, section 13, section 22, paragraph 22. 3, and section 23 (4). 4, required information and documentation, or

3) make inaccurate or misleading information to the Fund or the Minister for Acquiretive and Growth.

Paragraph 2. The confidentiality of the confidentiality of Article 13 (a penalty) shall be subject to penalty of fine or imprisonment for up to four months.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force and transitional provisions, etc.

SECTION 26. The law shall enter into force on 1. July, 2015.

Paragraph 2. At the same time, a travel guarantee fund is hereby repealed, cf. Law Order no. 1192 of 8. December, 2009.

Paragraph 3. The provisions laid down pursuant to the Act on a Travel Guarantee Fund, cf. Law Order no. 1192 of 8. In December 2009, they remain in force until they are replaced by rules laid down in accordance with this Act.

§ 27. (Udelades)

Faeroes and Greenland

§ 28. The law does not apply to the Faroe Islands and Greenland.

Paragraph 2. The law may, by means of a royal device, be brought into force for these parts of the village, with the deviations which are attributed to the special ferry and Greenland conditions.


Law No 207 of 29. March 2004 (Secretary of State and Finance of a Travel Amending, Change in the Guarantees Scales, the introduction of a targeted supervision and reorganization of the rules for payment of contributions) shall include the following entry into force :

§ 2

The law shall enter into force on 1. April 2004. However, section 1, no. 2, 3, 4 and 6 only in force on 1. October 2004.


Law No 513 of 17. June 2008 (Operational and Funding of Travel Akening) contains the following effective provision :

§ 2

The law shall enter into force on 1. August 2008.


Law No no. 518 of 12. June 2009 (Extension of coverage of the travel guarantee scheme, etc.) contains the following entry into force :

§ 3

The law shall enter into force on 1. January 2010


Law No 531 of 29. April 2015 (Coverage of Looters in the event of a travel provider's bankruptcy, etc.) contains the following entry into force of the following entry into force :

§ 2

Paragraph 1. The law shall enter into force on 1. July, 2015.

Paragraph 2. Customers who have entered into an agreement on a travel service that only covers air transport, cf. Section 2 (2). 1, no. 4, and which has a valid home travel document to a Danish airport, shall have the right to be returned after the entry into force of this Act, which has purchased the bankruptcy of the Travel Guarantee Fund prior to the entry into force of the law, but only after the law, but first they shall be charged with ; entry into force of this Regulation shall have the rights resulting from the purchase of bankruptcy.

Erk, the Ministry of Acquist, the Third. September 2015

Troels Lund Poulsen

/ Agnete Gersing