French Tourism Code
In forceI.-Any natural person or legal entity who organises holiday activities with accommodation lasting more than five days, specifically for groups of disabled adults, must have "Organised Adapted Holidays" approval. This approval, the conditions and procedures for granting and withdrawing which are laid down by decree in the Conseil d'Etat, is granted by the State representative in the region.
If these activities fall within the scope of article L. 211-1, this person must also be registered in the register provided for in article L. 141-3.
Establishments and services subject to the authorisation provided for in article L. 313-1 of the Code de l'Action Sociale et des Familles which organise holiday stays for their users as part of their activity are exempt from approval.
II - The representative of the State in the département in which the activities defined in I are carried out may, under conditions laid down by decree in the Conseil d'Etat, order them to cease immediately or within the time required to organise the return of the persons hosted, when these activities are carried out without authorisation or without one of the prior declarations laid down by decree in the Conseil d'Etat or when the health, safety or physical or moral well-being of the persons hosted is threatened or compromised.
The inspection is carried out by the staff mentioned in II of article L. 313-13 du code de l'action sociale et des familles under the conditions set out in article L. 313-13-1 of the same code.
The staff mentioned in the previous paragraph, authorised and sworn for this purpose under conditions laid down by decree in the Conseil d'Etat, shall investigate and record the offences defined in III of this article, under the same conditions, in reports sent to the public prosecutor, which shall be deemed authentic until proven otherwise.
III - Carrying out the activities mentioned in I without authorisation or without one of the prior declarations stipulated by decree in the Conseil d'Etat, or continuing to organise a holiday that has been terminated in application of II, is punishable by a fine of 3,750 euros.
Legal entities held criminally liable, under the conditions laid down in article 121-2 of the French Penal Code, for the offence defined in this article shall incur, in addition to the fine laid down in article 131-38 of the French Penal Code, the penalties laid down in 2°, 4° and 9° of article 131-39 of the same code.
IV - Obstructing the performance of the duties of the agents mentioned in II of this article is punishable by the penalties laid down inarticle L. 1427-1 of the Public Health Code.
