Tourism Law in Europe

190 TOURISM LAW IN EUROPE a file does not include the documents allowing the validation of the obligations which the operator must respond will not cause the deadline to run. Observation: During the first years of application of the Legal Act of July 22, 2009, it was noted that many certificates of financial guarantee and professional insurance did not comply with the legal and regulatory requirements imposed by Article R. 211-26 and following articles of the Tourism Code. However, these were mainly due to difficulties due to rigorous formalism rather than to the actual content of the candidates’ files. 2) Decisions of the Registration Committee Purpose: In accordance with Article R. 211-21 of the Tourism Code, the registration committee makes a decision on the application for registration made by the tour operator. Three hypotheses can be considered: the committee decides in favour of the operator’s application, the committee does not make a decision within the time limit, or it refuses the registration. The authorisation is provisional and is only valid for a limited period of three years, after which it must be renewed. This three-year renewal is a significant step forward and requires the tourism operator to be very demanding with regard to the conditions of his profession, which constitutes an additional guarantee for the tourist consumer. a) Three types of decisions Express registration: The committee ruling within one month can explicitly grant the applicant registration. In this case, it will notify the applicant by electronic and postal means the registration certificate including the registration number and the date of registration, which will allow him to start practicing his profession. Implied registration: Registration in the register of tour and holiday operators is deemed to be acquired if, from the date of the receipt, the committee has not make a decision before the deadline. Refusal of registration: If the committee refuses registration, the reasoned decision is sent by registered letter with acknowledgement of receipt within one month. b) Characteristics of the registration decision Administrative character: The registration decision is a unilateral administrative act creating rights or obligations55. This decision has an administrative character 55 RIVERO J. et WALINE J., Droit administratif, 20 e éd., Dalloz, 2002.

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