Regulations on travel guarantees and foundation Reisegarantifondet (travel guarantee regulations)


Date FOR 2007-01-03-3


Ministry of Children and Equality


Published in 2007 Booklet 1


Commencement 03.01.2007

Edited
FOR-2009-10-13-1275

Changes


For
Norway

Legal

LOV-1995-08-25-57-10-4, LOV-1995-08-25-57-10-6, LOV-1995-08-25-57-§11-6

Promulgated
09.01.2007


Corrected 10.10.2013 (§ 7 fee rates)

Short Title
the Travel Regulations

Adopted by the Ministry of Children and Equality (now Ministry of Children, Equality and Social Inclusion) 3. January 2007 pursuant to Act 25 August 1995. 57 on package travel and the Tour (Package Travel Act) § 10-4 § 10 -6 and § 11-6.
EEA information: EEA Agreement Annex XIX. 7 (Directive 90/314 / EEC Art. 7).
Changes: Amended by regulation 13 October 2009 No.. 1275.
Corrections: 13/01/2012 (§ 6 fee rates), 10/10/2013 (§ 7 fee rates).

§ 1. Travel Guarantee Fund purpose and organization Travel Guarantee Fund's purpose is to manage the guarantee by law 25 August 1995. 57 on package travel (Package Tours Act). Reisegarantifondet shall also collect fees to finance committee for dealing with disputes under the Package Act.
Reisegarantifondet is organized as a private foundation under the Act 15 June 2001 no. 59 foundations, ref. Package Tours Act § 11-2.

§ 2. Travel Guarantee Fund Capital Travel Guarantee Fund's basic capital is NOK 100,000. Fund assets consist of the amounts paid to the Fund pursuant to this regulation.

§ 3. Travel Guarantee Fund Guarantee Fund shall have a board consisting of three members. Children and Equality appoints the chairman, who shall be qualified as a judge, one director and his deputy. Commercial and Service Enterprises appoints one director and his deputy. The board members and their deputies shall be four years, with the possibility of reappointment.

§ 4. Guarantee Obligation Obligation to post travel incumbent:

A)
organizer. As organizers considered the facilitator packages, cf. Package Travel Act § 2-1, and offering or selling such either directly or through intermediary. Competent are however not as an organizer when the business only performed occasionally and not part of business. The organizer is also obliged to provide guarantee for transport happens with a package, provided that it is mainly for personal use for the customer.

B)
intermediary of package for foreign organizer unless it is shown that the organizer has issued guarantees. By intermediary considered the offering or selling package tours that are arranged by an organizer.

C)
the selling separate transport and accommodation services that together have significant resemblance to a package, provided that the journey is for personal use for the customer.

§ 5. Guarantees - the individual guarantee The guarantee obligation under § 4 shall set individual guarantee to the Guarantee Fund. Such guarantee shall be furnished by banks or insurance companies. Travel Guarantee Fund can accept that another satisfactory security.
For business facilitator, offers or sells travels exclusively for destinations in Norway the guarantee shall be £ 50,000.
For business facilitator, offers or sells for goals outside Norway should be a guarantee based on a market for sale of such travel, calculated from:

A)
average budgeted revenue in the three consecutive calendar months where the second month will be the one where it is budgeted highest travel activities for the coming year, or

B)
if the budget for the three months show lower numbers than those stated in last year's accounts for the corresponding three peak season, put the appropriate accounting basis, unless the Board determines that the budgeted revenue should be assumed or

C)
if budgeted turnover for the calendar month in which it is budgeted highest travel activities for the coming year, or last year's figures for the corresponding month, is greater or equal to US $ 10 million more, this number used in the calculation by fifth paragraph.

Turnover as mentioned in the preceding paragraph constitute the guarantee binding sales. Size of the guarantee in accordance with the preceding paragraph option a and b are determined according to the following scale:
Warranty Committed sales under £ 250,000
then:
100% to guarantee revenues between $ 250,000 and $ 2,000,000 || | 75% of to guarantee revenues between $ 2,000,000 and $ 5,000,000
50% to guarantee revenues between $ 5,000,000 and $ 10,000,000.

For warranty subject that has a guarantee binding sales as mentioned in subsection option c guarantee is determined size by the following formula:
X · (N / 30) + (MN) / 30 · A · D + X · 0.25 .
The variables in the formula shall be:
X = budgeted to guarantee revenue for the coming year in the month it is greatest or turnover figures from the corresponding month last year if this is greater
N = average number of days between the final payment and departure | || M = average number of days between the deposit payment and departure
A = budgeted number of travelers under warranty obligation in the month to guarantee the highest turnover
D = deposit amount per passenger when ordering.
Undertakings facilitator, offers or sells travels both goals in and outside Norway shall provide a guarantee after the fourth or fifth paragraph above. If only a minor part of the subject to guarantee turnover is derived from traveling to destinations outside Norway, the Board may, upon application of the guarantee obligation decide that guarantee shall be provided under subsection above, or the calculation shall be determined based on the distribution of revenues from travel for targets in and outside Norway.

§ 6. Proceeds to Fund - annual fees The guarantee obligation under § 4 shall pay an annual fee to the Guarantee Fund. Charge mass will partly cover the Travel Guarantee Fund expenditure on administration of the travel guarantee, partly maintain the fund's equity.
Businesses which guarantees the Reisegarantifondet divided into the following four classes fee:
fee Class 1: Businesses that provides a guarantee under £ 250,000
fee Class 2: Businesses that provides a guarantee from $ 250,000 up to NOK 1000 000
fee Class 3: Businesses that guarantee between $ 1 million and NOK 100 million
fee Class 4: Businesses which provides a guarantee of NOK 100 000 000.
the annual fee for the year 20 101 shall be: | || for operations in fee class 1: NOK 3500
for operations in fee class 2: £ 7000
for operations in fee class 3: £ 17,500
for operations in fee class 4: £ 70 000. || | As long as otherwise provided applicable fee rates for 2010. the subsequent operating the Board of Reisegarantifondet suggest other fee rates with the aim that the fund's equity is maintained at a level of $ 15 million in addition to the operation. Such proposals should eventually sent to the Ministry by October 1 preceding the year of operations and must be approved by the ministry before changing can collect the fee Reisegarantifondet.
It shall first happen with the guarantee and later 1 December each year for the subsequent operation.

§ 7. Fees for the financing of the Disputes Resolution Committee Activities which guarantees the Travel Guarantee Fund shall pay a fee for the operation of Committee for dealing with disputes by Package Tours Act,. Package Tours Act § 10-4 second paragraph. The fee shall be collected by Reisegarantifondet.
Businesses which guarantees the Reisegarantifondet divided into the following four classes fee:
fee Class 1: Businesses that provides a guarantee up to £ 250,000
fee Class 2: Businesses that have to guarantee revenues between $ 250,000 and $ 10,000,000 || | fee Class 3: Businesses that have to guarantee revenue between $ 10,000,000 and $ 40,000,000
fee Class 4: Businesses that have to guarantee revenues above $ 40 million.
Cruise Lines will placed in charge class 2, unless they fall under the fee class 1.
In the Tribunal's first driftsår1 the fee shall be determined as follows:
For operations in fee class 1: NOK 1,500
For operations in fee class 2 : NOK 4,000
for operations in fee class 3: £ 20,000
for operations in fee class 4: £ 75,000.
The subsequent operating the board of the Disputes Resolution Committee set up a draft budget for the Tribunal's operations and the proposed fee rates. The proposals shall be submitted to the Ministry by 1 October each year and must be approved by the ministry before can collect the fee Reisegarantifondet.
In addition to fee as mentioned in the third paragraph, the businesses pay a fee of $ 1,000 per case as they have partially or wholly lost in the Disputes Resolution Committee since last payment after the sixth paragraph.
Payment of fees to the Guarantee Fund under this provision shall first happen when the Ministry approves the board's statutes and later 1 December each year for the subsequent operation. For new members in Reisegarantifondet payment shall take place simultaneously with the guarantee. Appeals Board may decide that business that withdraws from the travel guarantee shall pay a fee as mentioned in the fifth paragraph.


§ 8. Exceptions warranty obligation Travel Guarantee Fund may after a concrete assessment dispense with the obligation to furnish a guarantee, or set lower guarantee amount than that set out in § 5 and § 6, if the traveler otherwise be considered adequately secured .
If the activity year fluctuates considerably, the application to the Board determine that the individual guarantee shall be reduced or let it lapse for the time business is reduced or not run.

§ 9. Determination of higher warranty If a business is a risk of loss not covered by the individual guarantee, the Board may determine a higher guarantee than that provided by § 5, second, fourth and fifth paragraphs. This also applies to significant increase in trading volume in the calendar year.
Operator is obliged both unsolicited and on request to give the information to Reisegarantifondet necessary to assess whether the guarantee should be increased. Violation of the disclosure obligation may involve business representatives (CEO / Board) will be held personally responsible for any loss that the fund suffers because the individual guarantee has been set too low as a result of inaccurate information. The same applies if the business has inadequate procedures for providing fund to the then necessary information.

§ 10. Amendment of the Travel Guarantee Fund shall continuously assess calculating rates and are by 31 October each year a written report to the Ministry on the need to change these.
If extraordinary circumstances dictate a change in the calculation rates, the board shall immediately report this to the Ministry of Children and Equality.

§ 11. Submission of Information - Control of Guarantees By 1 December of the year preceding the budget year, the warranty obligation, unless Reisegarantifondet in a particular case decides otherwise, submit a declaration of budgeted revenue. This statement shall be accompanied by audited accounts for the previous year for the three months referred to in § 5, subsection b). If the board did not receive this documentation by March 1 of the fiscal year, guarantee is considered inadequate and activities must stop. The Board may in each case extend the deadline by up to four weeks.
The Board shall ensure that in an adequate manner, verifying that each guarantee according to § 5 and payment after § 6 is in accordance with the Package Travel Act and the conditions otherwise stated in this regulation.

§ 12. Disclosure in Advertisements etc. Organisers are in advertisements, sales brochures, etc. to advise that guarantee is provided in accordance with the Package Travel Act and these regulations.
Reisegarantifondet shall supervise that the duty are being followed.

§ 13. Travel Guarantee Fund recourse Upon payment by Reisegarantifondet Fund may seek reimbursement of the one who caused the payment.
Travel Guarantee Fund may decide that recourse shall be applicable for a lesser amount, or that the requirement completely shall lapse.

§ 14. Loss of right to drive warranty activities subject right to organize, offering or selling travel as mentioned in § 4 shall cease one month before the expiry of the notice period for the individual guarantee, unless Travel Guarantee Fund decides otherwise for the period up the guarantee period.

§ 15. Loan Travel Guarantee Fund may by borrowing raise funds to cover claims that exceed the Fund and the individual organizer's warranty.

§ 16. Manager Travel Guarantee Fund may engage the assistance deemed to manage the guarantee. The Board establishes further instructions for this work.

§ 17. The modalities Travel Guarantee Fund establishes detailed guidelines for the guarantee within the scope of this Regulation, including detailed instructions for control of received information.

§ 18. Punishment Violation of the provisions of the Regulations is punishable under the Package Act § 11-7.

§ 19. Entry into force These regulations enter into force immediately.