Question 20649 — tourism and leisure

Summary

Mr. Vincent Rolland draws the attention of the Secretary of State to the Minister of the Economy and Finance to Directive (EU) 2015/2302 of the European Parliament and of the Council of November 25, 2015 relating to package travel and related travel services, transposed into French law by Ordinance No. 2017-1717 of December 20, 2017, which extended to professionals offering linked travel services certain applicable obligations until then only to package travel organizers, in particular registration with GIE Atout France, the subscription of a financial guarantee to guarantee the funds paid by customers and the subscription of professional civil liability insurance covering all services. These heavy and costly obligations indeed raise questions within the profession of mountain guides. mountain. According to article 3.5 of the directive, transposed into domestic law in III of article L. 122-2 of the tourism code and applicable since July 1, 2018: “The combination of at least two different types of travel services [transport, accommodation, vehicle rental, other tourist services] purchased for the purposes of the same trip or holiday stay, covering at least twenty-four hours, constitutes a linked travel service. or an overnight stay, not constituting a package and leading to the conclusion of separate contracts with individual travel service providers, if a professional facilitates: 1 - ° On the occasion of a single visit to its point of sale or a single contact with it, the separate choice and separate payment of each travel service by travelers. However, when a mountain guide is contacted by a client as part of its traditional activity (apart from any organization of a package trip) for a race lasting more than 24 hours, it is generally necessary to indicate to the client the name and location of the refuge(s) which will be used as places of accommodation during the race. If the client wishes, the guide may also be required to reserve these refuges and, for the most popular refuges, to pay a deposit. This intermediation between clients and refuges, which obviously does not give rise to any remuneration for the guides, does not however rely on any choice on the part of the clients because there is only one possible refuge per ascent route and the choice of route depends on considerations independent of the refuges (client level, racing history, snow conditions). It also does not give rise to any separate payment within the meaning of article L. 122-2 since the shelters are paid on site by the client at the time of the race and any deposit refunded to the guide at the end of the race. Therefore, he asks him to confirm that, when a mountain guide carries out his activity under these conditions, he does not fall within the scope of the related travel services mentioned in 1° of article L. 122-2 of the tourism code.

Machine translation from French. The official text remains authoritative.

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