1 ANNEX CONSTITUTION OF REPUBLIC OF SLOVENIA Article 11 ...

ANNEX
CONSTITUTION OF REPUBLIC OF SLOVENIA
Article 11
The official language of Slovenia shall be Slovene.
In those areas where Italian or Hungarian ethnic communities reside, the official language
shall also be Italian or Hungarian.
LAW ON STANDARDISATION (Official Gazette of the RS, No 1/95)
Article 23
All products shall be provided with a declaration in Slovene language containing the
following data about the product:
- product name;
- product type;
- name of manufacturer.
By a separate regulation on declarations, or by other regulations issued on the basis of this
law, the way of declaring certain products as well as additional elements of the declaration
may be defined in detail.
LAW ON CONSUMERS PROTECTION (Official Gazette of the RS, No 20/98, 25/98)
Article 2
An enterprise shall conduct business with consumers in the Slovene language and shall use
its full title and registered address in all written business communications.
Article 12
The advertising of goods and services may not be contrary to the law, and may not be
indecent or misleading.
Advertising messages must be in the Slovene language unless otherwise provided by some
other regulation.
Indecent advertising of goods and services shall be understood to mean any advertising
which includes elements which are offensive or which could be offensive to consumers,
readers, listeners or viewers, or elements which offend moral standards or which are defined
as indecent or misleading in the Code of Practice of the Slovenian Advertising Chamber.
Misleading advertising shall be understood to mean any advertising which in any way,
including the presentation of a product or service, misleads or could mislead the consumer.
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Misleading advertising shall include, in particular, advertising which exploits or could exploit
the inexperience or lack of knowledge of consumers for profit or which contains unclear,
excessively exaggerated or other similar elements which mislead or which could mislead the
consumer.
Article 16
A consumer of high-specification goods, dwellings and commercial properties shall be issued
with a warranty, technical instructions and a list of authorised service agents upon the
conclusion of a contract. The producer is obliged to issue the documents required with the
preceding sentence.
The authorised service agent shall have a valid authorisation from the producer to carry out
servicing work on the products and a signed contract on the supply of original spare parts.
The documents referred to in the first paragraph above must be written entirely in the
Slovene language and must be easily understandable.
The producer shall provide for the repair and maintenance of a product by carrying out the
service himself or through another entity with whom he has concluded a servicing contract.
The obligation of the producer to provide maintenance, spare parts and attachable
components to the consumer shall continue after the producer has ceased to manufacture the
product in question.
The consumer may also exercise the rights proceeding from the warranty against the seller.
Article 33
The enterprise shall provide instructions for use for all goods which require a certain
procedure for correct use, or which, if used incorrectly, could cause a danger to the user or
others or could pollute the environment.
The instructions for use must be entirely in the Slovene language and easily understandable.
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LAW ON PUBLIC MEDIA (Official Gazette of the RS, No. 18/94)
Article 28
Advertisements in public media shall be published in Slovene language. This restriction does
not apply to the public media published in foreign language.
The provision from preceding paragraph shall not apply in the areas where Italian or
Hungarian language, respectively, is also an official language.
REGULATIONS ON THE METHODS AND PROCEDURES FOR ACQUISITION OF
A LICENCE FOR THE PERFORMANCE OF ACTIVITIES RELATED TO
ORGANISATION AND SELLING OR PROVISION OF PACKAGE TRAVEL AND
ON THE METHOD OF KEEPING THE REGISTER OF THE ISSUED LICENCES
(Official Gazette of the RS, No. 13/99)
On the basis of paragraph 4 of Article 37 of the Tourism Development Act (Official Gazette
of the Republic of Slovenia, No. 57/98) the Minister of Small Businesses and Tourism hereby
issues the
REGULATIONS
on the method and procedure for acquiring a licence for the performance of activities of
the organisation of tourist travel, activities of the sale of tourist travel arrangements,
and of providing travel agency services, and on the manner of keeping the register of
the licences granted.
Article 1
This Regulation determines the method and procedure for the acquisition and revocation of a
licence, the types of licences, the contents and manner of keeping the register of licences
granted for the performance of activities of the organisation of tourist travel and activities of
the sale of tourist travel arrangements, and of providing travel agency services in accordance
with Article 36 of the Tourism Development Act.
The licence shall be a public document issued by the Chamber of Commerce of Slovenia
(hereinafter referred to as the licence issuer) in accordance with the procedure regulated by
the Tourism Development Act and the Regulation hereof.
A domestic legal or natural person (hereinafter referred to as the applicant) shall acquire the
right to perform activities of the organisation of tourist travel and activities of the sale of
tourist travel arrangements, or providing travel agency services only on the basis of a licence.
1. METHOD AND PROCEDURE FOR ACQUIRING A LICENCE
Article 2
The applicant shall start the procedure for acquiring a licence to perform activities of the
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organisation of tourist travel and activities of the sale of tourist travel arrangements, or
providing travel agency services by submitting an application to the licence issuer.
Article 3
The applicant shall, in the application referred to in the preceding Article hereof, submit the
following information:
The applicant:
- In case of natural persons: surname and name, personal registration number, permanent
address (street, house number, location and postcode; name of company, registration
number, business seat (street, house number, location, postcode, telephone number),
description of activities;
- In case of legal persons: name of company, registration number, business seat (street,
house number, location, postcode, telephone number), description of activities, surname
and name, personal registration number and permanent address of the representative of
the legal person.
Type of licence:
- licence for the performance of activities of the organisation of tourist travel;
- licence for the performance of activities of the sale of tourist travel arrangements, or of
the provision of travel agency services.
Article 4
Together with the application for acquisition of a licence for the performance of activities,
the applicant shall submit written proof of the following:
• proof of registration of activity and business seat, as follows:
- in case of a legal person, an extract from the court register, which shall be issued by the
court in accordance with Article 7 of the Court Register Act (Official Gazette of the
Republic of Slovenia, No. 13/94) and information on identification and categorisation by
activity, which shall be issued by the Statistical Office of the Republic of Slovenia;
- in case of a natural person, a copy of the registration form which shall be issue by the
authority competent for public revenue, and information on identification and
categorisation by activity, which shall be issued by the Statistical Office of the Republic
of Slovenia.
• proof of business premises, as follows:
- proof issued by the competent administrative authority.
• proof of education, as follows:
- in case of the person responsible for the management of the activity and who represents
the organiser of tourist travel or the tourist agent in legal transactions: a verified copy of a
high school certificate of education and a copy of a secondary school certificate of
education indicating the marks acquired in two foreign languages, or a verified copy of a
certificate of knowledge of two foreign languages at the secondary vocational education
level, which shall be issued by an institution with such approved programme;
- in case of employees performing the activity of organising and selling of tourist travel
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arrangements: a list of employees, their personal registration numbers, copies of the
certificates of at least secondary school education indicating the marks acquired in two
foreign languages, or copies of certificates of knowledge of two foreign languages at
secondary school education level which shall be issued by an institution with such
approved programme.
• proof of work experience in the field of activity:
- in case of the person responsible for the management of the activity and who represents
the organiser of tourist travel or the tourist agent in legal transactions: a photocopy of the
employee book or a photocopy of the contract on appropriate job allocation which shall
include information on the required work experiences.
• proof of insurance:
- in case of legal and natural persons who perform activities of the organisation of tourist
travel: a copy of a contract concluded with an insurance company in case of insolvency,
which shall relate to the insurance of the costs of the return of people from travel back to
their place of residence (a letter of guarantee);
- in case of legal and natural persons who sale tourist travel arrangements or provide travel
agency services: copies of contracts on the sale or provision of agency services,
concluded with the legal or natural person performing the activity of organisation of
tourist travel.
• proof of clean criminal record:
- in case of a person responsible for the management of the activity of the organisation or sale
of tourist travel arrangements or for the provision of travel agency services: a certificate
providing evidence that the person has never been convicted of a criminal offence for
violation of commercial or traffic regulations.
The applicant may submit both the originals and copies of written proof of the fulfilment of
the requirements concerning the level of education, work experience and insurance in the
event of insolvency, whereby the originals shall be returned to the applicant.
Article 5
In the event of the licence issuer finding that the application for the licence is not complete,
the licence issuer shall request in writing that the applicant completes the application within
15 days.
If the applicant fails to complete the application within the determined period, the application
shall be rejected.
Article 6
After the licence issuer establishes that all conditions for the acquisition of a licence have
been fulfilled, the issuer shall take the decision to grant the applicant the licence. The
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decision to grant the licence shall include the following information on the applicant:
- company or name of applicant,
- registration number,
- business seat (street, house number, location, postcode),
- activity for which the licence is granted,
- period of validity of licence,
- explanation of the decision.
The licence issuer shall, on the basis of a legally binding decision, publish the information
about licence holders (the number and date of issue of the decision, company or name of
licensee, registration number) in the Official Gazette of the Republic of Slovenia, whereby
the costs for publication shall be covered by the applicant.
The licence issuer shall be obliged to notify, every month, the competent inspectorates and
ministry responsible for tourism about the new licensees granted.
Article 7
If the licence issuer finds that the applicant does not fulfil the conditions for the issue of a
license, the licence issuer shall give a negative decision. An appeal against such a decision
may be filed, within 15 days, with the ministry responsible for tourism.
Article 8
The licence issuer shall grant the licence for a period of five years.
The applicant shall, one month before the expiring of the insurance contract, submit a new
one-year contract or letter of guarantee as proof of conclusion of insurance in case of
insolvency.
The domestic legal and natural persons who perform the activity of organising or selling
tourist travel arrangements or who provide travel agency services shall be obliged to submit,
at least one month before expiry of the licence, an application for the issue of a new licence
and to provide proof that they still fulfil all the prescribed requirements.
Article 9
The domestic legal and natural persons who cease to perform the activity of organising or
selling tourist travel arrangements or provide travel agency services shall be obliged to
notify, within 30 days before ceasing to perform the activity, the license issuer and return to
the issuer the licence and all copies of the licence.
Article 10
Domestic legal and natural persons who perform the activity of organising or selling tourist
travel arrangements or who provide travel agency services shall be obliged to notify, within 8
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days, the license issuer all changes of information that is vital in determining justification for
the issue of a licence.
Article 11
The licence issuer may revoke the licence from a domestic legal and natural person, if the
license issuer or competent inspector establishes that the licensee no longer fulfils the
prescribed conditions for the licence.
The licence issuer shall issue a decision to revoke the licence and shall, at the same time,
request that the legal or natural person returns to the licence issuer, within 8 days of the
decision becoming legally binding, the licence and all copies of the licence.
The competent inspectorate and ministry responsible for tourism shall be notified about the
revocation of the licence On the basis of a legally binding decision, the licence issuer shall
publish information on the licences revoked (number and date of issue of decision, name of
legal or natural person, registration number) in the Official Gazette of the Republic of
Slovenia.
Article 12
An appeal against the decision to revoke the licence referred to in the preceding Article may
be filed within 15 days with the ministry responsible for tourism.
Article 13
The licence shall cease to be valid:
- on the day of expiry of its validity,
- on the day of the issue of the decision referred to in Article 11 hereof,
- on the day when the license issuer, upon notification of ceasing to perform the activity of
organising or selling tourist travel arrangements or providing travel agency services,
erases the subject from the register.
Article 14
In addition to the provisions of this Regulation, other provisions of regulations on general
administrative procedure shall meaningfully apply in the procedure for the issue and
revocation of licence.
Article 15
The licence issuer may, on the basis of a decision on the granting of a licence, issue the
licensee with a certificate of granted licence which shall be informative in nature. The
certificate shall be issued on one of the Appendices 1 and 2, which are constitutive parts of
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this Regulation. The licensees may, in their legal transactions, also use a trademark (logo) for
the acquired licence, which shall be determined by the licence issuer. The logo shall be
always used together with the licence number.
The licence issuer may, upon request by the applicant, issue several copies of the certificate
corresponding to the number of business offices of the applicant.
II. REGISTER OF LICENCES ISSUED
Article 16
The register of licences issued and copies of licences shall be kept by the Association for
Catering and Tourism, of the Chamber of Economy of Slovenia, Slovenska cesta 54.
Article 17
Each subject granted a licence shall be allocated an identification number in the register of
the issuer of licences.
Article 18
In addition to the identification number and licence number, the register shall include also the
following information:
1. company or name,
2. registration number,
3. information on registration (registering authority, date, consecutive number of
registration),
4. business seat (street, house number, location, postcode, telephone number),
5. legal form of organisation,
6. number of offices,
7. addresses of offices (street, house number, location, postcode, telephone number),
8. activity stating the appropriate numbers and names of sub-categories in accordance with
the standard classification of activities,
9. income tax number,
10. insurance company and number of contract with insurance company relating to insurance
in case of insolvency (for subjects registered for the selling of tourist travel arrangements
or for the provision of travel agency services: name of organiser of travel arrangements
and number of contract on the provision of travel agency services for the period of
insurance,
11. with respect to persons responsible for management and who represent the subject in
legal transactions:
- personal registration number,
- name and surname,
- address of permanent residence,
- title and number of last certificate of education acquired,
- name and number of certificate of knowledge of two foreign languages at secondary
vocational education level (if the certificate does not indicate the marks acquired in two
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foreign languages),
12. with respect to employed persons who perform the activity of organising or of selling
tourist travel arrangements or providing travel agency services:
- personal registration number,
- name and surname,
- address of permanent residence,
- title and number of last certificate of education acquired,
- name and number of certificate of knowledge of two foreign languages at secondary
vocational education level (if the certificate does not indicate the marks acquired in two
foreign languages),
13. information on changes referred to in Article 10 hereof,
14. date of expiry of validity of licence.
Article 19
For every subject to whom a licence has been granted, a collection of documents shall be kept
which shall be marked by registration number and licence number.
The collection of documents shall be kept by the licence issuer.
Article 20
A subject to whom a licence was granted shall, within 30 days, be erased from the register in
the event of the ceasing of the validity of the licence, referred to in Article 13. The licence
issuer shall, within 30 days, return the collection of documents to the subject that has been
erased from the register, keeping in the archives however, photocopies of the collection of
documents.
Article 21
The licence issuer shall facilitate insight into the register of issued licences by making
available a computer printout of the subjects that were granted a licence.
In order to protect personal data in the keeping of the register, the provisions of the
regulations on personal data protection shall be applied.
Article 22
In addition to the register of licences granted, the licence issuer shall also keep a list of
subjects whose licence ceased to be valid, due to the reasons referred to in Article 13 hereof.
III. TRANSITIONAL AND FINAL PROVISIONS
Article 23
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As the licence issuer, the Chamber of Commerce of Slovenia shall, within 30 days of the
entering into force of this Regulation, appoint a committee whose duty will be to examine the
conditions for the issue of licences in accordance with the provisions of this Regulation and
to recommend the granting of licences.
Article 24
This Regulation shall enter into force on the fifteenth day of its publication in the Official
Gazette of the Republic of Slovenia.
No. 017-33/99-1
Ljubljana, 23 February 1999
Minister of Small Businesses and Tourism
Janko Razgoršek
APPENDIX 1
Certification of licence granted for the performance of activities of the organisation of tourist
travel
Chamber of Commerce of Slovenia
In accordance with the Tourism Development Act (Official Gazette of the Republic of
Slovenia, No. 57/98) and the Regulation on the method and procedure for acquiring a licence
for the performance of activities of organising tourist travel, activities of selling tourist travel
arrangements or of providing travel agency services, and the Regulation on the manner of
keeping the register of licences granted (Official Gazette of the Republic of Slovenia, No.
13/99), and on the basis of the decision to grant licence, number ……………. of ……….
………………………………………………………………………………………………
Company or Name
has been granted a
LICENCE
to perform activities of the organisation of tourist travel.
Licence number:
Validity of licence:
Ljubljana, on this day of ………………….
Signature and stamp
of licence issuer
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APPENDIX 2
Certification of licence granted for the performance of activities of the selling of tourist travel
arrangements and the provision of travel agency services
Chamber of Commerce of Slovenia
In accordance with the Tourism Development Act (Official Gazette of the Republic of
Slovenia, No 57/98) and the Regulation on the method and procedure for acquiring a licence
for the performance of activities of organising tourist travel, activities of selling tourist travel
arrangements or providing travel agency services and on the manner of keeping the register
of licences granted (Official Gazette of the Republic of Slovenia, No. 13/99), and on the basis
of the decision to grant licence, number ……………. of ……….
………………………………………………………………………………………………
Company or Name
has been granted a
LICENCE
to perform activities of the selling of tourist travel arrangements and the provision of travel
agency services.
Licence number:
Validity of licence:
Ljubljana, on this day of ………………….
Signature and stamp
of licence issuer
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