If you’re a tour-operator, a travel agency or a digital plateform not registered in France, but directing your activity towards French travelers, you must comply with some legal requirements. Here is what you need to know.
Good to know
The commercial activity of selling travel packages or tourist services is regulated by a European directive: Directive (EU) 2015/2302 of 25 November 2015 on package travel and linked travel arrangements, which is directly applicable in all the member States of the EU.
Although, EU national regulations are supposed to be harmonised, you still need to meet specific legal criteria to sell travel packages and/or tourist services in France.
Entities or persons established in France
Pursuant to the French Code de tourisme any entity or physical person registered in France and wishing to sell travel packages or tourist services must obtain a registration number from Atout France, the French national tourism development agency. Atout France is responsible for the development and promotion of tourism activities in France.
To obtain this registration number, you should meet legal criteria which include being covered with a professional civil liability insurance and provide a financial guarantee against insolvency to sell travel packages in France.
Entities or persons established in a member State of the EU or the EEA
Any entity or person established in a member State of the EU or in another State party to European Economic Area can sell travel packages in France provided they have made a prior written declaration to Atout France.
If you find yourself in this situation, you must provide three documents:
1) a certificate stating that you are legally established in a member State of the EU or the EEA to carry out to sell travel packages or tourist services;
2) a certificate of adequate financial guarantee provided in accordance with the legislation of the country in which you are established;
3) information on the extent to which you are covered by insurance guaranteeing the pecuniary consequences of your professional civil liability.
No Atout France registration procedure is therefore necessary.
Entities or persons established outside of a member state of the EU or EEA
Finally, any entity or a person which is not established in France, in an EU or EEA member State and which sell travel packages in France or direct by any means this activity towards France (ie. Sale in euro, website accessible from France, terms & conditions translated in French…) is not bound by this registration obligation but is required to provide a financial guarantee against insolvency.
To be noted: This financial guarantee should meet the same criteria as the one needed to obtain the Atout France registration.
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Your organization is not established in France and plan to sell travel packages and/or tourist services to French travelers? ADEONA can help you through the process and represent you before French courts. Our travel lawyers provide expertise in aviation, travel law, regulatory compliance, commercial matters, IT/IP protection and dispute resolution.
Contact us for more information!