Tourism Law in Europe

FRANCE | LAURENCE JÉGOUZO 189 3.1. Different Categories of Tourism Operators Reminder. The function of travel agent created by Thomas Cook in 1845 consisted only to reserve places with hotels or transporters and then issuing a voucher to the client. The traveller then exchanged the voucher for the final ticket with the service provider. The client had help from a professional to organise his trip but, at that time, he was the primary organiser of it. Consequences of the European “Services” Directive 2006/123 /EC of 12 December 200653 on services in the internal market aimed to create a new legal framework to ensure the freedom of establishment and the free movement of services between Member States by removing a number of legal and administrative restrictions. The remaining national requirements must be non-discriminatory, necessary, and proportionate. 3.2. Registration at the Register of Tour and Holiday Operators Purpose: The Legal Act of 22 July 2009 organised the centralisation of information relating to travel agencies and other tourism operators selling travel and holidays in a national register held by the GIE Atout France. Previously, a registration committee composed of independent members examines the applications of prospective travel agents or future travel agents or tour operators. 3.2.1. REGISTRATION COMMITTEE 1) Procedure before the Registration Committee Composition: The committee is composed of members appointed for their competence and independence by order of the Minister in charge of tourism. It may not include members whose activity is subordinated to the registration on these registers. Its members must inform the president of their interests and the functions they hold in any economic activity and they cannot, under any circumstances, deliberate on a matter in which they have a personal and direct interest or if they represent or have represented one of the interested parties54. Obligation to decide within one month: The registration committee has a deadline of one month to decide on the applicant’s case. This period runs from the date of the receipt issued by this committee upon receipt of the complete file. Thus, 53 JOCE L. 376/36 of 27 Dec. 2006. 54 French Tourism Code, art. L. 141-3.

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