Am I legal?


(Ditte Jakobsen) #1

I have lost myself in rules and regulations and would like to hear of any of you have some input and ideas to help me.



I have a small business that I’ve been running with a partner, but we are changing the set-up between us. This is what I would like to do:



Offer language / surf classes to a group of individuals from all over Europe.

I will rent a holiday house. I will pick up the people in the airport if needed. I will hire the teachers. I will host the group when they are here.



The ‘front-end’ is all ready and good to go. We can accommodate people tomorrow, if needed. But the ‘back-end’ is a bit messy.



My question is:

Can I do this legally? How to sell this product without it becoming a package deal, which is very restricted and protected?

Which scheme would you recommend? I do not think AE will work, but probably one of the other micro-enterprises.



I can elaborate more, but will for starters leave it a bit open, since I’m interested in as much input as possible.



Best

Ditte


(Barbara Deane) #2

My concept re a new company sounds very similar with the same problems.

I WOULD be LIKE A WEDDING PLANNER but a holiday planner...

a wedding planner needs a special liscence/insurance.

The collecting of clients and driving them around is very delicate as

really a taxi liscence would be required and insurance.

Taxis are very exspensive here in France.


(Ditte Jakobsen) #3

Tracy - yes, I found the site (to which you also send a link). They are currently updating their "Guide de l'immatriculation", but I just wrote them to see what they need if I want to register as an association.

And regarding the numbers - oh yes, it is in the thousands. Must be a 'translation error' from my part (in Danish we use . to separate the thousands and , to separate the "centimes"). In other words - to register as an association i.e. you need a garanty of twenty-four thousand tree hundred ninety two Euros.(24.392 Euros)


(Tracy Thurling) #4

https://registre-operateurs-de-voyages.atout-france.fr/web/rovs/espace-professionnel#https://registre-operateurs-de-voyages.atout-france.fr/immatriculation/rechercheMenu?12

I am registered as Exploitant de voitures de tourisme avec chauffeur in the same place.

For the financial guarantee, I think you have the commas in the wrong place - it's in the region of thousands!


(Ditte Jakobsen) #5

Thanks Tracy. You're right. It's a package deal. And as I see, it's difficult to get around.

But then what about getting the licence? I've found some info on what it takes to get registered. I've attached the pdf, which comes from UNOSEL - still have to find the info from a more official source.

But do we agree, that according to UNOSEL, to sell a package tour you need a licence that can be obtained either as a travel agency or as an association- To get that licence you must:

License to sell package tours:

As a Agence de Voyage:

Profesionel capability

- Either have worked 3 consecutive years in the tourist industry

- Or have an ‘correct’ education

- AND

- Either have worked 2 years in the tourist industry

- Or have had an senior staff position for 5 years

Financial guaranty

- Have a financial guaranty of minimum 99.092 euros (or 53.357 euros if you’re an “agence receptive”).

Guaranty

- Have a guaranty covering financial consequences of RCP

Material

- Have the right material

As an association:

Profesionel capability

- Either fulfill the same as an Agence de Voyage

- Or have worked as senior staff in an association (or other organizations in the ‘sector’).

Financial guaranty

- Pose a financial guarantee of 1.5% of their revenues, but at least 24.392 euros.

Guaranty

- Have a guaranty covering financial consequences of RCP


(Tracy Thurling) #6

Hopefully it is attached below, the relevant info from ATOUT France is starts on page 11 and defines exactly what is a package. As you say, if you owned the accommodation it would be different!


(Ditte Jakobsen) #7

Yes, right Tracy?

This is also what I thought. Would love to get the info you have.

If I had my own "gite" og my own house there would be ways around, but this way ... and it's for the best interests of the clients I understand. But ... :)


(Tracy Thurling) #8

Hi Ditte, with the description you have given it would seem that you are offering a package and I d be ver surprised if there is a way round it. I have some info at home I can post later when I get home.
I’d be very interested if someone does know how to do it.