You are a person or represent an entity which is not established in France and which plan to sell travel packages and/or tourist services in France? Here are a few things you need to know about French tourism law.
1- Licence
Travel operators established in France must obtain a registration number from Atout France, the French national tourism development agency, in order to legally sell (or offer for sale) travel packages or tourist services.
2- Consumer protection
Pursuant the French Code de la consommation and Code du tourisme, travel operators must provide to consumers, before the conclusion of a contract, clear, accurate and transparent information regarding service price, terms and conditions. Some of the mandatory information must be included in the travel operator terms and conditions and contract.
3- Strict, no-fault liability
A travel operator is strictly liable for the proper performance of the travel packages and tourist services it sells, even if these services are performed by service providers.
This liability is without prejudice to the right to seek redress from third parties including service providers.
The operator may be exonerated from all or part of its liability by proving that the damage was caused either by the traveler or a third party not involved in the provision of the travel services included in the contract, or due to exceptional and inevitable circumstances.
4- Same liability for the organizer and the retailer
The French Code de tourisme refers to both the retailer and the organizer, or to the professional with no difference regarding legal obligations. The same liability regime is applying to these operators.
5- Classification and standards
The Atout France classification is a classification used in France to assess and classify tourist establishments such as hotels, campsites, tourist residences, holiday villages and furnished tourist accommodation. This classification aims to inform tourists about the quality of tourist establishments based on specific criteria such as comfort, facilities, services offered, accessibility, safety and other parameters relevant to visitors.
Tourist establishments wishing to obtain an Atout France classification must voluntarily submit their application and undergo an evaluation based on predefined criteria.
6- Guides
Guided tours of Museums and Historic monuments can only be conducted by qualified guides.
In France, Historic monuments are buildings that has been given this legal status by Government Decree to obtain specific protection on account of its historical, artistic or architectural interest.
7- Touristic tax
The « taxe de séjour » is a local tax that tourists are required to pay when staying in certain accommodations in France. Usually, this tax is not included in the total price of the accommodation and is collected by the owner of the accommodation and paid back to the authorities where the accommodation is located.
This tax is intended to contribute to the financing of local tourism-related activities, facilities, and services.
ADEONA AVOCAT.E.S can helps you through the process and represent you before the French courts. Our travel, transport and leisure lawyers provide expertise in aviation, travel law, regulatory compliance, commercial matters, IT/IP protection and dispute resolution.
Contact us for more information!