Key Benefits:
The National Assembly and the Senate adopted,
The President of the Republic enacts the following legislation:
Title I of Book II of the Tourism Code is thus written:
« TITRE I
"VOYAGE AGENTS AND OTHER OPERATORS
THE VENT OF TRAVELS AND SEE
« Single Chapter
“Travel and stay sales regime
“Section 1
“General provisions
"Art.L. 211-1.-I. ― This chapter applies to natural or legal persons who engage or assist, regardless of the terms and conditions of their remuneration, in the operations of the organization or sale:
“(a) individual or group trips or stays;
“(b) Services that can be provided on the occasion of travel or stays, including the issuance of transport tickets, the booking of rooms in hotels or in tourist accommodation facilities and the issuance of vouchers of accommodation or catering;
"(c) Services related to tourist reception, including organizing visits to museums or historical monuments.
"This chapter also applies to the production or sale of tourist packages, as defined in section L. 211-2, as well as to the operations related to the organization and reception of fairs, fairs and congresses or related events as long as these transactions include all or part of the benefits provided for in (a), (b) and (c) of this I.
“II. ― Individuals or legal entities registered in the register referred to in the I of Article L. 211-18 may carry out in electronic form the transactions referred to in the I of this section under the conditions provided for in this chapter and by articles 1369-4 to 1369-6 of the Civil Code, L. 121-15-1 to L. 121-15-3 of the Consumer Code and section 2 of Chapter I of Title II of Book I of the same Code, except
"III. ― Local tourism organizations with the support of the State, the territorial authorities or their groupings may engage or assist, in the general interest, in operations mentioned in I, as long as they facilitate the reception or improve the living conditions of tourists in their geographic area of intervention.
"IV. – Non-profit associations and organizations can only carry out all or part of the operations mentioned in I in favour of their members.
"V. ― This chapter applies to natural or legal persons who issue vouchers to pay the price of one of the benefits referred to in this section and to section L. 211-2.
"Art.L. 211-2.-Constitutes a tourist plan the benefit:
« 1° As a result of the prior combination of at least two transport, housing or other non-additional tourism services, respectively, for transport or housing and representing a significant part of the package;
« 2° Over twenty-four hours or including one night;
« 3° Sold or offered for sale at an all inclusive price.
"Art.L. 211-3.-This chapter is not applicable:
“(a) To the State, the territorial authorities, their administrative public institutions and public institutions of a scientific and technical character for the only events related to their status;
“(b) To natural or legal persons who perform the operations referred to in Article L. 211-1, with the exception of a I, for services of which they are themselves producers;
"(c) To natural or legal persons who do not, among the transactions referred to in Article L. 211-1, issue land transport titles on behalf of one or more passenger carriers;
"(d) To air carriers that do not, among the transactions referred to in Article L. 211-1, only the issuance of air carriers or consecutive transportation securities including an air transport route and, as incidental, one or more land transport routes operated by one or more passenger carriers;
“e) To railway carriers that do not, among the transactions referred to in Article L. 211-1, only the issuance of railway transport titles or consecutive transport titles including a rail transport route and, incidentally, other land or air transport routes provided by one or more passenger carriers;
“(f) To natural or legal persons with a professional card issued under the Act No. 70-9 of 2 January 1970 regulating the conditions for the operation of certain transactions relating to real property and trade funds, when the transactions referred to in section L. 211-1 are carried out only as incidental. Such persons shall, for the purpose of carrying out such transactions, provide insurance to ensure the monetary consequences of professional liability and a financial guarantee for the reimbursement of deposited funds, effects or values, the amount of which shall be modified by decree according to the nature of the activities carried out;
“(g) To natural or legal persons who make only the sale of vouchers to pay the price of one of the benefits referred to in sections L. 211-1 and L. 211-2.
"However, sections 2 and 3 of this chapter apply to persons listed in (b), (c), (d), (e), (f) and (g) of this article, for their organisation and sale of tourist packages as defined in Article L. 211-2.
"Art.L. 211-4.-People or legal persons registered in the register referred to in the I of Article L. 211-18 may carry out, on behalf of others, furnished houses of built buildings, known seasonal rentals, as defined in Article 1st-1 of the Act No. 70-9 of 2 January 1970 referred to above. They are subject to section 8 of the Act for the exercise of this activity.
"Art.L. 211-5.-People or legal persons registered in the register referred to in the I of Article L. 211-18 shall keep their books and documents available to agents authorized to consult them; they must also mention their registration in the register in their sign, in documents handed over to third parties and in their advertisements.
"Art.L. 211-6.-The conditions for the application of this chapter are fixed by decree in the Council of State.
“Section 2
« Contract for the sale of travel and stays
"Art.L. 211-7.-This section applies to the operations and activities listed in section L. 211-1, the last paragraph of section L. 211-3 and section L. 211-4.
"However, it only applies to the following transactions when they enter a tourist package as defined in section L. 211-2:
“(a) Reservation and sale of air transport tickets or other regular online transport tickets;
“(b) Rental of seasonal furnished apartments, which remain governed by the Act No. 70-9 of 2 January 1970 referred to above and the texts taken for its application.
"Art.L. 211-8.-The seller shall inform the persons concerned, in writing prior to the conclusion of the contract, of the contents of the proposed services relating to the carriage and stay, of the price and payment terms, of the cancellation of the contract and of the conditions for border crossing.
"Art.L. 211-9.-The pre-information provided for in Article L. 211-8 shall require the seller, unless changes in this information have been made in writing to the interested parties prior to the conclusion of the contract.
"It can only be made possible to change the pre-information if the seller expressly reserves the right to pre-information.
"Art.L. 211-10.-The contract between the seller and the buyer must include, in accordance with the terms set by regulation, all indications relating to the names and addresses of the organizer, the seller, the guarantor and the insurer, to the description of the services provided, to the mutual rights and obligations of the parties in matters such as prices, calendars, payment terms and possible revision of the prices, cancellation or transfer of the contract
"Art.L. 211-11.-The purchaser may give the contract, after informing the seller of the contract within a prescribed period prior to the start of the trip or stay, to a person who meets all the requirements for the trip or stay. The assignor and the assignee are jointly responsible, vis-à-vis the seller, for the payment of the balance of the price and for any additional costs incurred by the assignment.
"Art.L. 211-12.-Prices provided for in the contract are not revisable unless the contract expressly provides for the possibility of a revision both upward and downward and determines the precise calculation modalities only to take into account the variations:
“(a) Transport costs, particularly related to the cost of fuel;
“(b) royalties and taxes related to the services offered, such as landing, boarding or landing fees in ports and airports;
"(c) Rates of exchange applied to the travel or stay.
"In the thirty days preceding the scheduled departure date, the contract price cannot be increased.
"Art.L. 211-13.-Where, prior to departure, compliance with one of the essential elements of the contract is made impossible as a result of an external event that is required to the seller, the seller must notify the buyer as soon as possible and inform the buyer of the ability it has to either terminate the contract or accept the modification proposed by the seller.
"This warning and information must be confirmed in writing to the buyer, who must make his choice known as soon as possible. When the contract is terminated, the purchaser is entitled, without penalty or fee, to the refund of all the amounts he has paid.
"This section also applies in the event of a significant change in the price of the contract in accordance with the conditions set out in section L. 211-12.
"Art.L. 211-14.-Where, prior to departure, the seller terminates the contract in the absence of the buyer's fault, all of the money paid by the buyer is returned to it, without prejudice to the damages to which the buyer might claim.
"Art.L. 211-15.-Where, after the departure, one of the essential elements of the contract cannot be executed, the seller must, unless it is not properly justified, propose to the buyer benefits in replacement of those not provided.
"The seller takes charge of the resulting price supplements or reimburses the price difference between the planned and provided benefits.
"If the purchaser does not accept the proposed amendment, the seller must obtain the necessary transport titles upon return, without prejudice to the damages to which the buyer may claim.
“Section 3
“Professional civil liability
"Art.L. 211-16.-Any natural or legal person who engages in the operations referred to in Article L. 211-1 shall be liable in full right to the purchaser of the proper performance of the obligations arising from the contract, whether the contract has been entered into remotely or not, and whether these obligations are to be carried out by itself or by other service providers, without prejudice to its right of appeal against them and within the limits of the conventions
"However, it may be exempted from all or part of its liability by providing evidence that the failure or wrong execution of the contract is attributable either to the purchaser, or to the fact, unforeseeable and insurmountable, of a third foreigner to the provision of the benefits provided for in the contract, or to a case of force majeure.
"Art.L. 211-17.-Section L. 211-16 does not apply to natural or legal persons for booking or sale transactions, concluded remotely or not, not entering a tourist package as defined in section L. 211-2, relating either to air carriers or to other regular on-line transport tickets.
“Section 4
"Registration and conditions of registration
"Art.L. 211-18.-I. ― The natural or legal persons referred to in Article L. 211-1 shall be registered in the register provided for in Article L. 141-3.
“II. ― In order to be registered, these people must:
“(a) Provide, in respect of customers, an adequate financial guarantee, specially earmarked for the reimbursement of funds received for tourist packages and services listed in section L. 211-1, which are not limited to transportation. This guarantee must be the result of the commitment of a collective guarantee agency, a credit institution or an insurance company established in the territory of a Member State of the European Community or another State Party to the agreement on the European Economic Area. It shall cover any repatriation costs. The refund may be replaced, with the client's agreement, by the provision of a different benefit in lieu of the intended benefit. This different benefit proposed by the financial guarantee agency does not require, in an emergency, the express agreement of the client, provided that its implementation does not result in a substantial change in the contract;
“(b) Rationale of insurance guaranteeing the monetary consequences of professional civil liability;
"(c) Justify, for the natural person or for the representative of the legal person, conditions of professional fitness by:
" ― the realization of a minimum vocational training course defined by decree;
" — or the exercise of a professional activity, of a minimum duration fixed by decree, in relation to the operations referred to in I of Article L. 211-1 or with services of tourist accommodation or tourist transport;
" — or the possession of a diploma, title or certificate mentioned on a list fixed by decree taken by the ministers responsible for tourism, education and higher education.
"III. - are not required to meet the requirements of I and II:
“(a) Non-profit associations and organizations that are not intended to organize trips or stays and that are only engaged in these operations in the course of their general meetings or exceptional trips, related to their operation and that they organize for their members or nationals;
“(b) Non-profit associations and organizations belonging to a federation or a declared union shall ensure that they meet the obligations referred to in I and II;
"(c) Associations and non-profit organizations operating in the national territory collective receptions of minors with an educational character in accordance with Article L. 227-4 of the Code of Social Action and of families or those managing holiday villages or registered family homes, within the exclusive framework of their own activities, including the transport related to the stay.
“Section 5
"From Freedom of Establishment
"Art.L. 211-19.-To be established in France, is considered to meet the conditions of suitability referred to in c of II of Article L. 211-18 any citizen of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, as long as it produces the supporting documents from the competent authority of an 1-1 certificate
“Section 6
"From the free provision of services
"Art.L. 211-20.-Any citizen of a Member State of the European Community or of another State Party to the Agreement on the European Economic Area, legally established in one of these States, for the exercise of activities referred to in Article I L. 211-1, may exercise these activities on a temporary and occasional basis in France.
"However, where the activities referred to in Article L. 211-1 or the training conducted therein are not regulated in the State in which the provider is established, the provider must have exercised this activity in that State for at least two years in the ten years preceding the performance.
"Art.L. 211-21.-When the provider provides services in France for the first time, he shall notify the agency referred to in Article L. 141-2 in advance of a written statement, including information relating to his financial guarantee and professional liability insurance.
"This statement is reiterated in the event of material change in the elements of the declaration and must be renewed each year if the provider plans to carry out this activity in the relevant year.
"Art.L. 211-22.-The declaration referred to in Article L. 211-21 shall be automatically and temporarily registered in the register referred to in I of Article L. 211-18.
“Section 7
“Sanctions and precautionary measures
"Art.L. 211-23.-I. ― Is punished by six months in prison and 7 500 € in fine:
"to engage or assist in any of the operations referred to in sections L. 211-1 and L. 211-4 without respect or having ceased to meet the conditions set out in this chapter;
"to perform the functions of a legal or statutory representative of a legal person who engages or assists in any of the transactions referred to in sections L. 211-1 and L. 211-4 where that legal person does not respect or cease to fulfil the conditions set out in this chapter;
"for any natural or legal person registered in the Register referred to in Article L. 211-18, to lend its assistance to the conclusion of a shared-time immovable contract governed by Articles L. 121-60 et seq. of the Consumer Code without justifying the mandate, insurance and financial guarantee provided for in Article L. 211-24 of this Code.
"The court may also order the temporary or final closure of the facility operated by convicted persons.
“II. ― Where a natural or legal person conducts one of the transactions referred to in Articles L. 211-1 and L. 211-4 without complying with the conditions set out in this chapter, the representative of the State in the department where the offence has been duly found may order by reasoned decision the establishment in which the said operations were carried out, after the natural person or the representative of the legal person has been put in a position to present his or her observations. He promptly advises the public prosecutor. In the event of a failure to perform the closure measure, it may be provided ex officio. However, this provisional closure ceases to have effect on the expiration of a period of six months.
"The measure of provisional closure shall be waived in full right in the event of a ruling by the prosecutor of the Republic, an order of non-court issued by an investigating court or in the first instance of the judgment rendered by the court concerned.
“Section 8
"Contract for the enjoyment of shared-time building
"Art.L. 211-24.-People or legal persons registered in the Register referred to in I of Article L. 211-18 of this Code may enter into any contract for the enjoyment of a shared-time property governed by Articles L. 121-60 and following of the Consumer Code.
"They may also assist in the conclusion of such contracts under a written mandate.
"In order to carry out this last activity, they specifically justify, under the conditions provided for in this title, an insurance guaranteeing the monetary consequences of their professional civil liability and a financial guarantee for the reimbursement of funds, effects or values held for others.
"The amount of this guarantee cannot be less than the maximum amount of the funds, effects or values held for others at any time, nor the minimum amount determined by decree in the Council of State.
"The special procedures for the implementation and operation of this guarantee, the contents of the mandate contract and the conditions of the remuneration of the agent are defined by decree in the Council of State. »
I. ― In section L. 221-1 of the Tourism Code, the words: " licensees of a licence, approval, authorization or authorization provided for in sections L. 212-1, L. 212-2, L. 212-3, L. 213-1, L. 213-5, L. 213-6, L. 213-7 and L. 232-1" are replaced by the words:
II. ∙ The second paragraph of Article L. 242-1 of the same code is as follows:
" — in articles L. 211-18, L. 211-19 and L. 211-20, the words: "or another State party to the agreement on the European Economic Area;"
I. ― Licences, approvals, authorizations and authorizations issued prior to the date of publication of this Act pursuant to title I of Book II of the Tourism Code cease to produce their effects no later than three years after the date of promulgation of this Act.
Licensees of the licences, approvals, authorizations and authorizations referred to in the first paragraph shall be deemed to meet the conditions of fitness set out in the c of Article L. 211-18 of the Tourism Code for registration in the register referred to in the same article.
II. - For a period of three years from the promulgation of this Act and by derogation from provisions of Article L. 145-47 of the Commercial Code, a tenant who holds a travel agent licence or a transferee of the right to a lease granted by the holder of a travel agent licence may attach to the activity provided for in the lease any activity related to the sale of travel and stays, provided that the new activity is compatible with the destination, characters and situation of the property or property set.
The occupant must, before making the proposed amendments, inform the owner by registered letter with request for notice of receipt.
In the event of a dispute, the Court of Grand Instance, seized by the most diligent party, shall decide in particular on the evolution of commercial use.
Without prejudice to the provisions of thearticle L. 145-50 of the same code, the adaptation of the lease contract to the new operating conditions shall be effected, at the end of the period set out in the first paragraph of this II, under the conditions for leases of commercial premises.
A person holding such a licence shall be considered to hold a travel agent licence on the day on which this Act is promulgated.
I. ― Chapter I of Book II title III of the Tourism Code is thus amended:
1° It becomes a single chapter titled: "Tourism Cars with Driver";
2° Divisions: "Section 1. General Provisions and Section 2. – Freedom of establishment” are removed;
3° Articles L. 231-1 to L. 231-4 are as follows:
"Art.L. 231-1.-This chapter applies to companies that make passenger cars with drivers available to their customers, subject to conditions set in advance between the parties.
"Art.L. 231-2.-The companies referred to in Article L. 231-1 shall have one or more cars that meet technical and comfort conditions, as well as one or more drivers who hold Licence B and justify conditions of professional fitness defined by decree.
"They are registered in the register referred to in Article L. 141-3 b.
"Art.L. 231-3.-Travel cars with drivers cannot park on the public road if they have not been previously rented or rented instead.
"Art.L. 231-4.-The conditions of application of this chapter are set by decree. » ;
4° Section 3 is repealed.
II. Chapter II of Book II of the same Code is repealed.
III. ― Licences issued prior to the date of promulgation of this Act pursuant to Chapter I of Book III of the Tourism Code cease to produce their effects no later than three years after the date of promulgation of this Act.
I. ― Companies that make available to their customers, in order to ensure their transport and that of their baggage, motorcycles or motor tricycles driven by the owner or his or her attendant, according to conditions set in advance between the parties, are subject to the provisions referred to in II to V.
II. – The companies mentioned in I must have qualified drivers and suitable vehicles under regulatory conditions.
III. ― Vehicles assigned to the activity referred to in I cannot park or circulate on the public track in search of customers.
They can only park at first stations and terminals, in accordance with the rules of the road code or the regulations enacted by the competent authority, if their driver can justify a prior reservation.
IV. ― Contravention to III is punishable by one year's imprisonment and a fine of €15,000.
Individuals guilty of the offence under this section shall also be liable to the following additional penalties:
1° The suspension, for a maximum of five years, of the driver's licence;
2° The immobilization, for a maximum of one year, of the vehicle used to commit the offence;
3° The confiscation of the vehicle that was used to commit the offence;
4° The prohibition, for a period of not more than five years, of entering and staying in the enclosure of one or more airport or port infrastructures, of a railway or road station, or of their outbuildings, without being previously authorized by the territorially competent police authorities.
Legal persons may be declared criminally liable under the conditions provided by theArticle 121-2 of the Criminal Codethe offence defined in this IV. The penalties they pay are:
1° The fine, in accordance with the terms provided by theArticle 131-38 of the Criminal Code ;
2° The penalties mentioned in the 8th and 9th of thearticle 131-39 Same code.
V. ― The modalities for the application of this chapter are set by decree in the Council of State.
I. ― The previous paragraph of Article L. 133-3 of the Tourism Code is as follows:
"The tourist office can market tourism services under the conditions set out in the single chapter of Book II title I. »
II. ― At subsection 4 of chapter III, section 1, title III, of Book I of the same code, an article L. 133-10-1 is inserted as follows:
"Art. L. 133-10-1. - The tourist office can be classified under conditions fixed by decree. »
III. ― Section L. 134-5 of the same code is amended as follows:
1° In the first paragraph, the reference: "L. 133-10" is replaced by the reference: "L. 133-10-1";
2° In the second paragraph, the words "in the form of a public, industrial and commercial establishment" are deleted.
IV. ― After article L. 133-3 of the same code, an article L. 133-3-1 is inserted as follows:
"Art. L. 133-3-1. - The tourist office may establish one or more permanent or non-permanent offices, which include tourism information. »
Title IV of Book I of the Tourism Code is thus modified:
1° The title is thus written: « Groupements » ;
2° Two articles L. 141-2 and L. 141-3 were added:
"Art.L. 141-2.-The economic interest group" Atout France, a tourist development agency of France, placed under the supervision of the minister responsible for tourism, is subject to the provisions of this section and article L. 141-3 and, as they are not contrary to it, to the provisions of chapter I of title V of Book II of the Commercial Code.
"The agency pursues a triple objective of promoting tourism in France, carrying out operations of tourism engineering and implementing a policy of competitiveness and quality of companies in the sector. It defines the national strategy for the promotion of the "France destination" in accordance with the guidelines adopted by the State. It contributes to the implementation of public policies for tourism, including through the following missions:
"to provide expertise to the State, local authorities and private or associative partners members of the group, for the definition and implementation of their tourism policy, design and develop their projects, advise them on training, research, innovation and sustainable development in the tourism sector and export its know-how internationally;
"– to develop, implement and monitor the information and promotion actions of the territories and destinations of the metropolis and ultramarine communities in the foreign and national markets.As such, the agency encourages the classification approach and promotes the quality of the tourist offer in accommodations, restoration, reception of tourists and the associated services;
" ― observing tourism phenomena, putting in place reliable and usable figures by its members, producing studies, including foresight, on the supply and demand in the tourism sectors and territories, disseminating the results of its work by any means it considers appropriate;
" ― designing and keeping up-to-date tables of classification of tourist offices, hotels, tourist residences, tourism furnished, residential tourism villages, holiday villages, camping and caravan sites, residential leisure parks and guest rooms, and freely and freely disseminating the list of classified accommodations.
"The State, the territorial authorities and their public institutions may by agreement entrust to the agency other missions of general interest compatible with its object.
"The agency includes a commission to register the natural or legal persons referred to in Article L. 211-1 and the operators of passenger cars with drivers referred to in Article L. 231-1.
"It also includes a commission of merchant tourist accommodation. Missions, operating conditions and modalities of participation of representative organizations in the tourism accommodation sector in the work of this commission are determined by decree.
"The agency ensures its representation at the territorial level by relying, if any, on existing structures.
"Territorial authorities, their public institutions and local tourism organizations can participate in France's tourism development agency.
"A Government Commissioner is appointed to the agency. Its mission and the modalities of its designation are fixed by decree in the Council of State.
"The agency is subject to the economic and financial control of the State, without prejudice to the provisions of Article L. 251-12 of the Commercial Code.
"The contract constituting the tourism development agency of France is approved by order of the minister responsible for tourism.
"Art.L. 141-3.-The commission referred to in the eighth paragraph of Article L. 141-2 shall, after verification of compliance with the obligations imposed on the persons referred to in Articles L. 211-1 and L. 231-1, record the applications for registration of the persons referred to in Articles L. 211-1 and L. 231-1 respectively in:
“(a) A registration register for travel agents and other operators of the sale of trips and stays;
“(b) A registration register for passenger car operators with driver.
"The commission is composed of members appointed because of their competence and independence by order of the minister responsible for tourism. It cannot include economic operators whose activity is subordinate to registration on these registers.
"Any member of the commission shall inform the president of the interests that he holds and of the function he performs in an economic activity.
"No member of the commission may deliberate in a matter to which he has a personal and direct interest or whether he represents or represented one of the parties concerned.
"Renewable every three years shall be subject to the prior payment to the agency of registration fees fixed by order of the Minister responsible for tourism within the limit of an amount fixed by decree. These registration fees are recovered by the agency. Their payment is made at the time of filing the application for registration or renewal. The product resulting from the payment of registration fees is exclusively allocated for the maintenance of the records.
"A decree in the Council of State sets the conditions for the application of this article. In particular, it specifies the conditions of registration and delisting on the registers. It determines the information that must be made public, as well as information that is freely and freely accessible to the public electronically. It specifies the guarantees of independence and impartiality of the members of the registry board, including those of its president, as well as the duration of their mandate and determines the modalities for maintaining records in objective, transparent and non-discriminatory conditions. »
The registration fees mentioned in theArticle L. 141-3 of the Tourism Code are not due for a period of three years from the publication of this Act for the first registration of natural or legal persons who hold a licence, approval, authorization or authorization previously issued pursuant to Book II titles I and III of the Tourism Code.
I. ― Article 21 of Order No. 2009-104 of 30 January 2009 on the prevention of the use of the financial system for the purposes of money laundering and the financing of terrorism is thus written:
"Art. 21.-People who practise the manual currency exchanger prior to the entry into force of the authorization regime provided for in Article L. 520-3 of the monetary and financial code shall be granted a period of two years from the publication of the texts of application of this order to obtain the authorization provided for in that section.
"During this period, they may continue to exercise their activity legally until the authorization requested under section L. 520-3 above is granted to them or denied, provided that they provide a certificate in accordance with the terms defined by the Minister responsible for the economy within six months of publication. »
II. ― The monetary and financial code is amended as follows:
1° Article L. 520-4 is amended as follows:
(a) In the second paragraph, the reference: "3 of section L. 613-21" is replaced by the reference: "3° of section L. 613-21-1";
(b) It is added a paragraph to read:
"People engaged in these activities are subject to the incapacities set out in Article L. 500-1. » ;
2° In the first paragraph of section L. 520-6, the reference: "to the second of section L. 613-21" is replaced by the reference: "to section L. 613-21-1";
3° In the second paragraph of Article L. 520-7, the reference: "Articles L. 563-2 to L. 563-4" is replaced by the reference: "Article L. 561-12";
4° In the first paragraph of Article L. 572-1, the words "in the first two paragraphs of" are replaced by the word "to";
5° In section L. 572-4, the reference: "L. 520-4" is replaced by the reference: "L. 520-7".
I. ― Chapter I of Book III title I of the Tourism Code is thus amended:
1° Section 1 is repealed and sections 2 to 5 become sections 1 to 4, including articles L. 311-1 to L. 311-5, L. 311-6, L. 311-7 and L. 311-8, respectively, and L. 311-9, as these items result from 2° and 4° of this I;
2° Articles L. 311-2 to L. 311-6, respectively, become articles L. 311-1 to L. 311-5 and articles L. 311-8 to L. 311-10, respectively, become articles L. 311-7 to L. 311-9;
3° In sections L. 311-2 to L. 311-5 as they result from 2°, the reference: "L. 311-2" is replaced by the reference: "L. 311-1" and section L. 311-3 as it results from 2°, the reference: "L. 311-3" is replaced by the reference: "L. 311-2";
4° Article L. 311-6 is thus restored:
"Art.L. 311-6.-The decision to classify a hotel is taken, upon request of the operator, by the administrative authority under conditions fixed by decree. This ranking is valid for a period of five years.
"The hotel is classified in a category, based on criteria set by a classification table prepared by the organization referred to in section L. 141-2 and approved by order of the Minister responsible for tourism.
"If the operator wishes to obtain the classification, the operator must produce a visit certificate issued by an assessor organization. Under conditions established by an order of the Minister for Tourism, the evaluators are accredited in the areas corresponding to their missions by the national accreditation body referred to in Article 137 of Act No. 2008-776 of 4 August 2008 on the modernization of the economy, or any equivalent European agency signatory to the multilateral agreement taken in the framework of the European coordination of accreditation bodies. These evaluators may not be able to commercialize with hotel operators that they control other services than the evaluation for which they requested them.
"The administrative authority shall forward its classification decision to the body referred to in section L. 141-2.
"On the proposal of the organization referred to in section L. 141-2, the Minister responsible for tourism may establish by order a label recognizing the exceptional characteristics of a hotel, including its geographical location, its particular historical, aesthetic or heritage interest and the services offered therein. »
II. ― Classifications of hotel establishments issued under theArticle L. 311-7 of the Tourism Code prior to the date of promulgation of this Act cease to produce their effects after a period of three years from the date of promulgation.
III. - This section comes into force on a date fixed by decree and no later than six months after the promulgation of this Act.
Six months after the promulgation of this Act, the Government shall file a report on the difficulties encountered by hotel establishments under the National Assembly and the Senate on the Office of the Senate.24 July 2006 approving various provisions supplementing and amending the fire and panic safety regulations in facilities receiving the public (small hotels). This report will need to assess the risk of the disappearance of these institutions related to the implementation of these measures, as well as the relevance of a possible extension of the time granted by this order to the owners and operators to carry out the work necessary to strengthen security in their establishments.
I. ― In sections L. 321-1, L. 323-1, L. 324-1, L. 325-1, L. 332-1 and L. 333-1 of the Tourism Code, the words "and implemented" are deleted.
II. ― Articles L. 321-1, L. 323-1, L. 324-1, L. 325-1, L. 332-1 and L. 333-1 of the same code are supplemented by three paragraphs as follows:
"The establishment is classified by the administrative authority in a class according to criteria established by a classification table prepared by the organization referred to in section L. 141-2 and approved by order of the Minister responsible for tourism.
"If the operator wishes to obtain the classification, the operator must produce a visit certificate issued by an assessor organization. Under conditions established by an order of the Minister for Tourism, the evaluators are accredited in the areas corresponding to their missions by the national accreditation body referred to in Article 137 of Act No. 2008-776 of 4 August 2008 referred to above, or any equivalent European agency signatory to the multilateral agreement taken in the framework of the European coordination of accreditation bodies.
"The administrative authority shall forward its classification decision to the body referred to in section L. 141-2. »
III. ― After article L. 324-3 of the same code, an article L. 324-3-1 is inserted as follows:
"Art.L. 324-3-1.-The State shall determine the procedures for the classification of the guest houses in conditions fixed by decree. »
IV. ― The classifications of accommodation referred to in sections L. 321-1, L. 323-1, L. 324-1, L. 325-1, L. 332-1 and L. 333-1 of the same code issued prior to the date of promulgation of this Act cease to produce their effects after a period of three years from the date of promulgation.
V. ― Under conditions and limits established by decree, are deemed to hold the accreditation referred to in the third paragraph of section L. 324-1 of the Tourism Code to the organizations that, on the date of promulgation of this Act, were holders of the accreditation required for the issuance of the certificates of visits of the tourism furnished.
VI. - This section comes into force on a date fixed by decree and no later than one year after the publication of this Act.
Title II of Book III of the Tourism Code is supplemented by a chapter VII as follows:
“Chapter VII
« Denominations and appellations
"Art. L. 327-1. - The use of the denominations and designations regulated by this title, of a nature to induce the consumer in error, is prohibited and punished under the conditions provided for in articles L. 120-1 to L. 121-7 of the code of consumption. »
Two years after the promulgation of this Act, the Government shall file a report on the classification of all commercial tourist accommodations on the office of the National Assembly and the Senate. The conclusions of this report will, where appropriate, make mandatory the classification provided for in the articles L. 311-6, L. 321-1, L. 323-1, L. 324-1, L. 324-3-1, L. 325-1, L. 332-1 and L. 333-1 the tourist code, depending on the evolution of the number of establishments classified within each category of accommodation concerned. They will also assess the effectiveness of the classification procedure established by sections 10 and 12 of this Act.
After article L. 443-3 of the urban planning code, an article L. 443-3-1 is inserted as follows:
"Art. L. 443-3-1. - Mobile leisure residences located on camping pitches classified according to the tourist code cannot be installed on sites that have been the subject of an assignment in full ownership. »
After Article L. 145-7 of the Commercial Code, an article L. 145-7-1 is inserted as follows:
"Art. L. 145-7-1. - Commercial leases signed between the owners and the operators of tourist residences mentioned in Article L. 321-1 of the Tourism Code are of a minimum duration of nine years, without the possibility of termination at the expiry of a three-year period. »
After Article 1594 J of the general tax code, it is inserted an article 1594 J bis thus drafted:
"Art. 1594 J bis.-The General Council may, on deliberation, exempt from land advertising tax the limited-term leases of buildings, made for a period of more than twelve years, relating to tourist residences subject to the classification provided for in section L. 321-1 of the Tourism Code.
"Deliberation shall take effect within the time limits set out in Article 1594 E of this Code. »
After the article L. 321-1 of the tourist code, an article L. 321-2 is inserted as follows:
"Art.L. 321-2.-The operator of a classified tourism residence shall maintain separate operating accounts for each residence. It is required to communicate these to the owners upon request.
"Once a year, it is required to communicate to all owners a balance sheet of the past year, specifying the filling rates obtained, the significant events of the year, as well as the amount and evolution of the major spending and income posts of the residence. »
After the article L. 321-1 of the tourist code, an article L. 321-3 is inserted as follows:
"Art. L. 321-3. - Commercialization documents issued to housing buyers located in tourism residences referred to in Article L. 321-1 of this Code must explicitly mention the existence of the right to so-called eviction allowance provided for in Article L. 321-1 of this Code.Article L. 145-14 of the Commercial Code in case of refusal to renew the lease, as well as the general terms and conditions of its calculation. »
After the article L. 321-1 of the tourist code, an article L. 321-4 is inserted as follows:
"Art. L. 321-4. - The marketing documents issued to housing buyers located in tourism residences must include the identity of the chosen manager to manage the residence and meet the criteria set by order of the Minister responsible for tourism. »
I. ― The tourist code is thus modified:
1° Chapter II of Book III title I is repealed;
2° In Article L. 362-1, the references: "L. 312-2, L. 312-3" are deleted.
II. – The e of section L. 4424-32 of the general code of territorial authorities is repealed.
III. ― In the second paragraph of Article L. 3335-4 of the Public Health Code, the words: "or tourism restaurants" are replaced by the words: "tourism or restaurants".
IV. ― The general tax code is amended as follows:
1° The b of the I of Article 199 undecies B is thus written:
“(b) The cafes, tobacco and beverage debits as well as the restoration, with the exception of the restaurants of which the manager holds the title of master-restaurant referred to in 244 quater Q and which were controlled as part of the issuance of this title, as well as, where applicable, tourism restaurants classified on the date of publication of the Act No. 2009-888 of 22 July 2009 development and modernization of tourism services; »
2° At the penultimate paragraph of section 217 duodecies, the words: "categorized tourism restaurant" are replaced by the words: "restaurants whose leader is the owner of the title of master-restaurator referred to in article 244 quater Q, classified tourism restaurants";
3° At the V of section 244 quater Q, the year: "2009" is replaced by the year: "2012".
I. ― In the first paragraph of section 39 octies F of the General Tax Code, the date: "January 1, 2010" is replaced by the date: "July 1, 2009".
II. ― In the first paragraph of section 39 AK of the same code, the date: "December 31, 2009" is replaced by the date: "June 30, 2009".
III. ― Section 279 of the same code is supplemented by a m as follows:
“m) Sales to be consumed on site, excluding those relating to alcoholic beverages. »
IV. – On the 2nd of the VII of section 138 of Act No. 2006-1771 of 30 December 2006 of Corrigendum Finance for 2006, the date: "December 31, 2009" is replaced by the date: "June 30, 2009".
V. ― Effective July 1, 2009, section 10 of Act No. 2004-804 of August 9, 2004 for consumer and investment support is repealed.
VI. ― Are subject to an annual contribution the sales of food products to be consumed on-site or to be carried out by people operating in Metropolitan France:
- accommodation facilities;
- establishments that produce sales to be consumed on the spot of food products and whose main activity results from the sales referred to in the first paragraph of this VI, with the exception of company canteens.
The contribution is calculated at the rate of 0, 12% on the fraction that exceeds 200,000 € from the non-tax amount on the value added of the sums paid for the sales mentioned in the first paragraph made during the previous year or the last fiscal year ended.
Respondents declare and pay the contribution due at the filing of the declaration referred to in 1 of Article 287 of the General Tax Code for the month of March or for the first quarter of the calendar year, or, for the debtors under the simplified taxation regime provided for in section 302 septies A of the same code, at the time of filing the declaration referred to in section 287 of the same code.
The contribution is not recovered when the amount of the contribution due is less than 50 €.
The contribution is recovered and controlled under the same procedures and under the same sanctions, guarantees, security rights and privileges as the value added tax. Claims are filed, investigated and judged according to the rules applicable to the same tax.
VII. ― The III applies to benefits effective July 1, 2009. VI applies to amounts collected between July 1, 2009 and June 30, 2012.
VIII. ― For the period between July 1, 2009 and June 30, 2012, a restoration modernization fund is established. The purpose of this fund is to facilitate the modernization, standardization, transmission or resumption of commercial restoration facilities and the overall promotion of this sector. The public revenues of this fund are exclusively made by the contribution referred to in VI. Its management is provided by the OSEO public establishment.
Six months after the promulgation of this Act, the Government tabled a report on the office of the National Assembly and the Senate on the overall situation of the offer of tourist accommodation in France.
This report offers a complete diagnosis of the state of the tourist real estate park. In particular, it analyses the economic, legal and fiscal characteristics as well as the operating conditions of each of the categories of tourist accommodation that contribute to the development of the tourism activity of the territories, paying particular attention to the situation of tourist residences.
The report provides, where appropriate, proposals for the modernization of the applicable legal and fiscal framework, including the rehabilitation of the existing accommodation facility.
I. ― Article L. 324-4 of the Tourism Code is thus written:
"Art.L. 324-4.-Any person who offers to rent one or more bed & breakfasts must have made a statement to the mayor of the municipality of the place of the dwelling concerned. »
II. ― After article L. 324-1 of the same code, an article L. 324-1-1 is inserted as follows:
"Art.L. 324-1-1.-Any person who offers to rent a tourist furnished must have made the declaration before the mayor of the commune where the furnished is located. »
I. ― After article L. 3331-1 of the Public Health Code, an article L. 3331-1-1 is inserted as follows:
"Art.L. 3331-1-1.-By derogation from section L. 3331-1, the first class licence is not required when the supply of beverages referred to in the first group of section L. 3321-1 is the accessory of a hosting service. »
II. ― In the first paragraph of Article L. 313-1 of the Tourism Code, after the reference: "L. 3331-1", the reference is inserted: "L. 3331-1-1,".
III. ― In the first paragraph of Article L. 3332-1-1 of the Public Health Code, after the word "discotheques" are inserted the words "or, for the persons referred to in Article L. 324-4 of the Tourism Code, by the national federations concerned".
IV. ― Article L. 3332-11 of the same code is supplemented by a paragraph as follows:
"By derogation from the first paragraph and articles L. 3335-1 and L. 3335-8 concerning the areas of protection, the drinks to be consumed on site may be transferred beyond the limits of the department where they are located for the benefit of establishments, including tourism, meeting the criteria set by decree. »
I. ― The tourist code is thus modified:
1° At 1° of Article L. 133-17, the date: "January 1, 2010" is replaced by the date: "April 1, 2012";
2° The 6th of Article L. 131-4, the 5th of Article L. 132-3 and the e of the 1st of Article L. 163-5 are supplemented by the words "and classified tourist stations".
II. ― The first sentence of Article L. 412-49-1 of the Code of Commons is supplemented by the words: "and classified stations under Chapter III, section 2 of Book I of the Tourism Code."
III. ― The c of section L. 3335-4 of the Public Health Code is supplemented by the words: "under section 2 of chapter III of title III of Book I of the Tourism Code".
IV. ― In the second sentence of the first paragraph of Article 199 decies EA of the General Tax Code, the words: "in accordance with Articles L. 133-13 to L. 133-17" are replaced by the words: "under Chapter III, section 2, of Title III of Book I."
V. ― At the beginning of the first sentence of the first paragraph of Article L. 2333-26 of the General Code of Territorial Communities, the words: "In classified stations, in municipalities that benefit from the additional endowment to tourist or thermal communities and the special endowment to tourist municipalities, under the conditions set out in the second paragraph of Article L. 2333-27" are replaced by the words: "In classified stations and in the tourist municipalities under the title
I. ― After Article L. 2333-55-1 of the General Code of Territorial Communities, an article L. 2333-55-2 is inserted as follows:
"Art.L. 2333-55-2.-The levies made for the benefit of the State, the communes, the public institutions of intercommunal cooperation and social organizations and specific to the games of the casinos operated under the law of June 15, 1907 are liquidated and paid monthly to a public accountant.
"Shorts are sold by season from November 1 to October 31 of the following year. No compensation is allowed between the amount of the levy due to a current game season and the amount that the casino is liable for a previous game season.
"The levies are recovered and controlled according to the same procedures and under the same sanctions, guarantees, security rights and privileges as taxes on turnover. Claims are presented, investigated and judged according to the rules applicable to these same taxes.
"A decree sets the conditions for the application of this article. »
II. ― In the first paragraph of Article L. 55 of the Tax Procedures Book, after the words: "under the general tax code" are inserted the words "or section L. 2333-55-2 of the general code of territorial authorities".
III. ― Are validated, subject to the rulings passed in force of evidence, the specific levies to the games of the casinos operated under the Act of 15 June 1907 relating to the casinos, due in respect of a period prior to 1 November 2009, as they would be contested by a means derived from what their plate or terms of recovery or control were fixed by regulation.
IV. – I and II apply as of November 1, 2009.
I. ― Sports speakers on a list set by decree of the Minister responsible for sports, intended to allow the organization in France of an international sports competition or to receive, as usual, sports events organized by a delegate sports federation within the meaning of theArticle L. 131-14 of the Sport Code or a professional league within the meaning ofarticle L. 132-1 the same code without condition of discipline and capacity, as well as related equipment for the operation of these enclosures, are declared of general interest, regardless of the private or public ownership of these facilities, after notice of all municipal councils of the municipalities directly impacted by their construction. These municipal councils shall take action within two months of their referral by the representative of the State in the department, which establishes the list of the affected municipalities.
II. ― Territorial authorities may carry out or contribute to the realization of the works and equipment necessary for the operation and service of the facilities mentioned in I.
The groupings of these communities are allowed to carry out or contribute to the realization of these works and equipment under the same conditions.
Title I of Book III of the Tourism Code is supplemented by a chapter IV as follows:
“Chapter IV
"Breakage flow for main activity
operating a dance floor
"Art. L. 314-1. - A decree sets the rules for hours of closure of the beverage flows having as its main activity the operation of a dance floor. This decree may provide that the sale of alcohol is no longer permitted in the said flow rate for a minimum hourly range before the establishment is closed. »
I. ― Chapter I of Book IV title I of the Tourism Code is thus amended:
1° In sections L. 411-1 and L. 411-19, the words: "the spouse" are replaced by the words: "the spouses, the concubines or their partners connected to them by a civil pact of solidarity";
2° Article L. 411-1:
(a) After the words: "of the same code," the words are inserted: "the business leaders of less than fifty employees,"
(b) The references: "of Article L. 223-1", "L. 351-12" and "L. 351-13" are replaced by the references: "articles L. 3141-1 and L. 3141-2", "L. 5424-1" and "L. 5423-3" respectively;
3° Section L. 411-4 is repealed;
4° At the end of Article L. 411-8, the words "that meet the conditions set out in Article L. 411-4" are deleted;
5° In the first sentence of Article L. 411-9, the words: "satisfactory to the condition of resources set out in Article L. 411-4" are deleted;
6° Article L. 411-9 is supplemented by a sentence as follows:
"When a recovery of social contributions originates in the misapplication of this exemption, this adjustment is limited to the fraction of unduly exempt or reduced contributions and contributions, except in the event of bad faith or repeated acts of the contributor. » ;
7° Section L. 411-11 is amended as follows:
(a) The first and second paragraphs are deleted;
(b) The first sentence of the last paragraph is replaced by two sentences as follows:
"The employer's contribution to the acquisition by an employee of cheques-vacances cannot exceed a percentage of their liberatory value set by decree. This decree defines different percentages depending on the remuneration of the employee and his or her family situation. » ;
8° Article L. 411-14 is as follows:
"Art.L. 411-14.-The agency's mission is to manage and develop the check-vacation device in companies. It contributes to the implementation of social tourism policies.
"The agency concludes agreements with service providers to ensure the promotion and marketing of checks in companies with fewer than fifty employees.
"In accordance with the guidelines defined by her board of directors, she assigns social assistance in favour of actions related to tourism and leisure facilities and in favour of actions contributing to the access of all to holidays. »
II. ― At 19° bis of section 81 of the General Tax Code, the references: "to articles L. 411-4 and L. 411-5" are replaced by the reference: "to section 1 of chapter I of title I of Book IV".
Two years after the promulgation of this Act, the Government shall file a report on the check-in regime on the office of the National Assembly and the Senate. This report assesses the new provisions introduced by this Act and examines the real impact on the dissemination of cheques in small businesses. In the event of the issuance of checks less than 500,000 carriers on an annualized basis in small businesses, the report will propose new procedures for issuing checks.
I. ― Act No. 86-18 of 6 January 1986 on shared-time tenure companies is amended as follows:
1° In Article 5, after the words: "are appointed", the words are inserted: "for a term of up to three years renewable,"
2° The last paragraph of Article 13 is as follows:
"In the fifteen days before the General Assembly, any partner may apply to the Social Account Communication Society.At any time, any partner may also request the communication of the list of names and addresses of the other partners as well as the distribution of the social shares and rights in enjoyment attached to them. The sending of the documents provided shall be made, if any, at the appropriately justified advanced costs of the applicant."
3° After Article 19, an article 19-1 is inserted as follows:
"Art. 19-1.- Notwithstanding any contrary clause of the statutes, an associate may withdraw completely or partially from the company, after authorization given by a unanimous decision of the partners. This withdrawal may also be authorized on fair grounds by a court decision, in particular where the shares or shares held by the partner in the social capital have been transferred by succession for less than two years, or where the partner can no longer enjoy its property because of the closure or inaccessibility of the station or the property set concerned. »
II. I is applicable to Mayotte.
III. Section 9 of Chapter I of Book I title II of the Consumer Code is read as follows:
“Section 9
"Contracts for the use of shared-time property, long-term vacation product contracts, resale contracts and exchange contracts
"Art.L. 121-60.-Is subject to this section any contract or group of contracts, concluded on an expensive basis, by which a professional confers on a consumer, directly or indirectly, a right or service of use of shared-time goods, or concerning long-term vacation products, or resale or exchange of such rights or services.
"It is also subject to this section the contract for the subscription or assignment of shares or shares of shared-time real estate companies governed by Act No. 86-18 of 6 January 1986 on shared-time real estate companies.
"Art.L. 121-61.-The contracts mentioned in the first paragraph of Article L. 121-60 are defined as follows:
« 1° The contract for the use of shared-time property is a contract for a period of more than one year by which a consumer acquires, on an expensive basis, the enjoyment of one or more real property or furniture for use in housing for specified or determinable periods;
« 2° The long-term vacation product contract is a contract for a period of more than one year by which a consumer acquires, on an expensive basis, a right to accommodation for a specified or determinable period with reductions or other benefits or services;
« 3° The resale contract is a service contract by which a professional, on an expensive basis, assists a consumer for the sale, resale or purchase of a shared-time property right or a long-term vacation product;
« 4° The exchange contract is an expensive contract by which a consumer accesses an exchange system that allows the consumer, in return for his or her contract for the use of shared-time goods or his long-term vacation product contract, to access the enjoyment of another property or other accommodation or other services.
"For the contracts referred to in 1° and 2°, the determination of the minimum period shall take into account any contractual renewal or extension clause which shall be tacit for a period of more than one year.
"Art.L. 121-62.-Any advertisement relating to any contract or group of contracts for the use of shared-time property, long-term vacation product or resale or exchange shall indicate the possibility of obtaining the information referred to in Articles L. 121-63 and L. 121-64. Any invitation to a demonstration aimed at the sale or promotion of any of the above mentioned products or services must clearly indicate the commercial purpose and nature of this event. During this period, the professional shall make available to the consumer the information referred to in articles L. 121-63 and L. 121-64.
"The proposed shared time and long-term holiday products cannot be presented or sold as an investment.
"Art.L. 121-63.-In a timely and prior to any commitment on its part, the consumer must receive from the professional in a clear and understandable manner, in writing or on a sustainable, easily accessible medium, accurate and sufficient information relating to goods or services for which he intends to contract.
"For all contracts referred to and defined in sections L. 121-60 and L. 121-61, the offer indicates, in accordance with the corresponding information form templates:
« 1° The identity and domicile of the professional(s) or if it is a legal entity, its name, legal form and seat;
« 2° The designation and description of the goods or services or their situation;
« 3° The purpose of the contract and the legal nature of the consumer's rights or rights;
« 4° The specific period during which rights will be exercised;
« 5° The duration of the contract and its effective date;
« 6° The main price to be paid for the exercise of the contract's or rights and the indication of any mandatory incidental expenses;
« 7° Services and facilities made available to the consumer and their cost;
« 8° The duration of the right of withdrawal, its modalities of exercise and its effects;
« 9° The information relating to the termination of the contract, if any, to the termination of the incidental contract, and their effects;
« 10° Prohibition of any advance payment;
« 11° The fact that the contract can be governed by a law other than that of the Member State of the European Union in which the consumer has his habitual residence or domicile;
« 12° The indication of the language(s) used between the consumer and the professional regarding any contract matter;
« 13° Where appropriate, alternative dispute resolution procedures;
« 14° The existence, if any, of a code of good conduct.
"Art.L. 121-64.-I. ― For shared-time enjoyment contracts, the offer referred to in Article L. 121-63 further states:
« 1° Whether or not the possibility of participating in an exchange system and, if so, the indication of the name of this exchange system and its cost;
« 2° If the building is under construction, the essential indications relating to the building permit, the state and time limits of completion of the housing and its services, the connection to the various networks, and the guarantees of completion or repayment in case of non-completion.
“II. ― For long-term vacation product contracts, the offer referred to in section L. 121-63 further states:
« 1° The terms and conditions for the staggered payment schedule;
« 2° The indications regarding the possible increase in the cost of annuities.
"III. ― For resale contracts, the offer referred to in section L. 121-63 also indicates the price to be paid by the consumer to benefit from the services of the professional and the indication of the mandatory additional costs.
"Art.L. 121-65.-The professional shall provide the consumer free of charge with the information referred to in sections L. 121-63 and L. 121-64, by means of forms specific to each of the contracts referred to in sections L. 121-60 and L. 121-61, and the models of which shall be determined by joint order of the minister responsible for consumption and the Minister of Justice.
"The information referred to in articles L. 121-63, L. 121-64 and this article shall be drawn up to the consumer's choice in the language or in one of the languages of the Member State in which he resides or of which he is a citizen, provided that it is an official language of the European Community.
"Art.L. 121-66.-The professional gives the consumer a contract written on paper or on any other durable medium. It is written at the choice of the consumer, in the language or in one of the languages of the Member State in which it resides or whose nationality it is, provided that it is an official language of the European Community.
"In any event, the contract is written in French as long as the consumer resides in France or the professional carries out his sales activity in French territory.
"In the case of a contract for the use of shared-time property in respect of a specific real property located in the territory of a Member State, the professional shall give the consumer a certified translation of the contract in the language or language of that Member State.
"Art.L. 121-67.-The information referred to in articles L. 121-63 and L. 121-64 is an integral part of the contract. The professional may modify all or part of the information provided only in the event of force majeure or formal agreement between the parties.
"A change must be made to the consumer prior to the conclusion of the contract, in writing, on paper or on any other durable medium, and must be expressly included in the contract.
"Before signing the contract, the professional draws the consumer's attention to the existence of the right of withdrawal and its duration, as well as to the prohibition of a payment of advances during the withdrawal period.
"Art.L. 121-68.-The contract includes:
« 1° The information referred to in articles L. 121-63 and L. 121-64;
« 2° Where applicable, the modifications made to the same information in accordance with Article L. 121-67;
« 3° The indication of the identity and place of residence of the parties;
« 4° The date and place of its conclusion, as well as the signature of the parties;
« 5° A withdrawal form separate from the contract, in accordance with a model determined by a joint order of the Consumer Minister and the Minister of Justice.
"The page(s) of the contract relating to the existence of a right of withdrawal and its terms and conditions of exercise and to the prohibition of payment of advance must be signed by the consumer.
"One or more copies of the entire contract are delivered to the consumer at the time of its conclusion.
"Art.L. 121-69.-The consumer has a period of fourteen free days to withdraw from one of the contracts referred to in Articles L. 121-60 and L. 121-61, without having to indicate cause.
"It has this right from the date of the conclusion of the contract or the day of its receipt, if this receipt is after the day of the conclusion of the contract, without compensation or costs.
"Art.L. 121-70.-In the event that the professional has not completed and provided to the consumer on paper or on any other durable medium the withdrawal form provided for in the 5th of Article L. 121-68, the consumer has a one-year withdrawal period and fourteen days from the date of the conclusion of the contract or the day of its receipt.
"If the withdrawal form is delivered to the consumer on paper or on any other durable medium within the year following the day of the contract's conclusion or receipt, the 14-day withdrawal period begins to run from the day of receipt or delivery of the said form.
"In the event that the professional did not provide the consumer, in writing, on paper or on any other durable medium, the information contained in articles L. 121-63 and L. 121-64, as well as the corresponding information form, the consumer has a three-month withdrawal period and fourteen days from the date of the contract or the day of its receipt.
"If this information is delivered to the consumer within three months of the date of the conclusion of the contract or its receipt, the fourteen-day period begins to run from the date of receipt or delivery of the said information and the standard information form.
"Art.L. 121-71.-If the consumer simultaneously enters into a contract for the use of shared-time goods and an exchange contract, a single withdrawal period applies to both contracts.
"Art.L. 121-72.-The deadlines set out in sections L. 121-69, L. 121-70 and L. 121-71 that would expire on Saturday, Sunday or a holiday or holidays are extended until the next working day.
"Art.L. 121-73.-The consumer who intends to exercise his right of withdrawal shall notify the professional of his decision before the expiry of the time limits set out in articles L. 121-69, L. 121-70 and L. 121-71, by registered letter with request for notice of receipt or, if not, by any other means with equivalent guarantees to prove that consignment.
"The consumer may use, according to the same transmission procedures, the standard withdrawal form referred to in Article L. 121-68.
"The exercise of its right of withdrawal by the consumer puts an end to the obligation of the parties to execute the contract.
"Art.L. 121-74.-The professional may not, directly or indirectly, support the consumer who exercises his right of withdrawal any costs, including those related to any services provided prior to the exercise of his right of withdrawal.
"Art.L. 121-75.-The professional may not request and receive from the consumer, in any form, the advance payment, the constitution of guarantees, the recognition of debts, a reserve of money on accounts, for the benefits of the contracts referred to in Articles L. 121-60 and L. 121-61, or any other remuneration for himself or for a third party, before the expiry of the withdrawal periods defined in Articles 69,
"These prohibitions are also valid when the resale contract is terminated by any means.
"Art.L. 121-76.-In respect of long-term vacation product contracts referred to in Article L. 121-61, the payment is made according to a phased payment schedule that is prohibited from waiving. Payments, including any contributions, are divided into annuities, each being of equal value. The professional sends a request for payment in writing, on paper or on any other durable medium, at least fourteen days before each due date.
"From the second annuity, the consumer can terminate the contract without paying penalties, giving notice to the professional within fourteen days of receipt of the payment request for each annuity.
"From the second annuity, the professional and the consumer may agree to price indexing on the basis of an index in connection with the object of the contract.
"Art.L. 121-77.-When the consumer exercises his right to withdraw the contract for the use of shared-time property or long-term vacation product, any incidental contract, including the exchange contract, is terminated in full right without charge or compensation.
"The incidental contract means a contract by which the consumer acquires services related to a contract for the use of shared-time goods or a long-term vacation product contract, as these services are provided by the professional or a third party on the basis of an agreement between that third party and the professional.
"Art.L. 121-78.-Where the payment of the price is paid in whole or in part by means of a credit granted to the consumer by the professional or through a third party, the exercise by the consumer of his right to withdrawal of the contract of use of shared property, the contract of long-term vacation product, resale or exchange shall prevail the termination of the full-law contract, without any fee,
"Art.L. 121-79.-Where the law applicable to the contract is the law of a Member State of the European Union, any clause by which the consumer waives the rights conferred on it by this section shall be deemed unwritten.
"Art.L. 121-79-1.-Where the applicable law is that of a third country, any clause that deprives the consumer of the rights conferred on him by this section is deemed to be non-written:
"for contracts defined by Article L. 121-61 and relating to the enjoyment of all or part of a property, that this property is located in the territory of a Member State of the European Union;
"– for other contracts defined in Article L. 121-61, whether the professional carries on business or professional activity in a Member State or whether the professional directs in any way his or her activity to a Member State and the contract falls within the scope of that activity.
"Art.L. 121-79-2.-East punished by 15 000 € of fine:
« 1° For any professional, to submit to a consumer an offer for the conclusion of any contract or group of contracts referred to in articles L. 121-60 and L. 121-61, not in accordance with articles L. 121-63 to L. 121-65;
« 2° For any advertiser, to broadcast or broadcast an advertisement not in accordance with Article L. 121-62 on his behalf.
"Art.L. 121-79-3.-East is punishable by €30,000 to fine the fact, for any professional, to require or receive from the consumer, directly or indirectly, any payment or obligation of payment, in any way and in any form, before the expiry of the withdrawal periods provided for in Articles L. 121-69, L. 121-70 and L. 121-71.
"A penalty of the same fine is imposed on any professional, directly or indirectly, to support the consumer who exercises his or her right to retract costs, including those related to possible services provided prior to the exercise of the right of withdrawal.
"Art.L. 121-79-4.-The legal persons guilty of one of the offences provided for in sections L. 121-79-1 and L. 121-79-2 also apply the additional penalties referred to in section 131-39 of the Criminal Code.
"Art.L. 121-79-5.-This section is in public order. Failure to comply with the provisions of articles L. 121-63, L. 121-64, L. 121-65, L. 121-66, L. 121-67, L. 121-68 and L. 121-76 is punishable by nullity of the contract. »
IV. – The III comes into force on January 1, 2010.
At the beginning of the first paragraph of Article L. 2333-46-1 of the General Code of Territorial Communities, the words: "When, because of serious pollution or a natural disaster situation found under the conditions set out in Article L. 125-1 of the Insurance Code," are replaced by the words: "When, due to exceptional circumstances,".
I. ― Act No. 82-1153 of 30 December 1982 on the orientation of inland transport is thus amended:
1° The e of Article 5 is supplemented by a sentence as follows:
"The transport operations carried out in the context of a move are considered to be freight transport. » ;
2° Section 8 is amended as follows:
(a) In the first paragraph of the I, after the words: "public carrier of goods", the words are inserted: "moving," and, after the words: "industrial vehicles intended for transport", are inserted the words: ", transport commissioner";
(b) At the penultimate paragraph of I, after the words: "are considered as", are inserted the words: "transport commissioners and as", and are added the words: "or moving";
(c) The first sentence of the first paragraph of the second paragraph is as follows:
"Every contract for the public carriage of goods or any contract relating to the moving shall include clauses specifying the nature and purpose of the carriage or moving, the terms and conditions for the performance of the service in respect of the carriage itself, and the conditions for the removal and delivery of the goods carried, the respective obligations of the shipper, the commissioner, the carrier, the mover and the consignee, and the price of the transport or moving as well as the benefits provided. » ;
(d) The first paragraph of the II is supplemented by a sentence as follows:
"In the same way, the contract for a transport commission must be the subject of identical provisions. » ;
(e) In the first sentence of IV, after the words: "Remuneration" are inserted the words: "transport commissioners and";
3° In the last paragraph of Article 9, after the words: "in transport contracts," the words are inserted: "in moving contracts";
4° In the first sentence of the second paragraph of Article 12, after the words: "transport companies", the words "moving" are inserted;
5° The first paragraph of Article 37 II is amended as follows:
(a) After the words: "from a road transport company," the words are inserted: "or from a moving company,"
(b) It is added a sentence as follows:
"These provisions also apply to companies whose transport is incidental to their business. »
II. ― The first paragraph of Article L. 133-3 of the Commercial Code is supplemented by a sentence as follows:
"This three-day period does not apply to moving benefits. »
Derogation from I of Article L. 713-1 of the Commercial Code, the mandates of the members of the Chambers of Commerce and Industry, the Regional Chambers of Commerce and Industry and the Assembly of the French Chambers of Commerce and Industry to expire after the installation of the elected members during the general renewal scheduled for November 2009 are extended until a date that does not exceed the term of 2010.
By derogation fromArticle L. 713-6 of the Commercial Codethe terms of office of the consular delegates are extended to a date that does not exceed the term of 2010.
This law will be enforced as a law of the State.
Done in Paris, July 22, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister of State, Minister of Ecology,
of energy, sustainable development and the sea,
green technologies
and climate negotiations,
Jean-Louis Borloo
The state minister, keep seals,
Minister of Justice and Freedoms,
Michèle Alliot-Marie
Minister of Economy,
industry and employment,
Christine Lagarde
The Minister of the Interior,
the overseas and territorial authorities,
Brice Hortefeux
Minister of Labour, Social Relations,
of the family, solidarity
and the city,
Xavier Darcos
Minister of Budget, Public Accounts,
Civil Service
and state reform,
Eric Woerth
The Minister to the Prime Minister,
Implementation Officer
the recovery plan,
Patrick Devedjian
Minister of Health and Sports,
Roselyne Bachelot-Narquin
Secretary of State
responsible for trade, crafts,
small and medium-sized enterprises,
tourism, services and consumption,
Hervé Novelli
Secretary of State
loaded with the overseas,
Marie-Luce Penchard
(1) Act No. 2009-888.
Community Directive:
Directive 2006/123/EC of the European Parliament and the Council of 12 December 2006 on services in the domestic market.
Preparatory work:
Senate:
Bill No. 200 (2008-2009);
Report of Ms. Bariza Khiari, on behalf of the Committee on Economic Affairs, No. 304 (2008-2009);
Text of Commission No. 305 (2008-2009);
Discussion on 7 and 8 April 2009 and adoption on 8 April 2009 (TA No. 74, 2008-2009).
National Assembly:
Bill, passed by the Senate, No. 1616;
Report of Mr. Jean-Louis Léonard, on behalf of the Committee on Economic Affairs, No. 1722;
Discussion on 16 and 17 June 2009 and adoption on 23 June 2009 (TA No. 304).
Senate:
Bill, amended by the National Assembly, No. 476 (2008-2009);
Report of Ms. Bariza Khiari, on behalf of the Economic Commission, No. 507 (2008-2009)
Text of Commission No. 508 (2008-2009);
Discussion and adoption on 7 July 2009 (TA No. 107, 2008-2009).
