Information about cross border tour agent and tour operator activities

I. Cross-border service

This general information is intended for those who:

As a national of a Member State of the European Economic Area (EEA) and as a legal person or other legal entity without legal personality established under the law of such State and having its registered office there, are entitled to provide tour operator and/or travel agency services and intend to provide services temporarily in the territory of Hungary, with a view to the Hungarian market.
As a national of a State not party to the EEA Agreement, if the service providers of that State enjoy, under an international treaty with the European Community and its Member States, the same legal status as service providers established in the Member States of the European Union as regards the freedom of establishment and the freedom to provide services, and established under the law of such State, as a legal person established in that Member State or as another legal entity without legal personality, are entitled to act as tour operators and/or travel agents and wish to provide services temporarily in the territory of Hungary, with a view to the Hungarian market.

The service provider is obliged to notify the Government Office of the Capital City Budapest in writing prior to the provision of the service at its premises: 1124 Budapest, Németvölgyi út 37-39, or on the website: http://www.mkeh.gov.hu/)

II. The notification

The form to be used for the notification, which includes an indication of the documents to be attached to the notification, can be downloaded from the following link: http://mkeh.gov.hu/ugyfelszolgalat/nyomtatvanyok

Here you cand find the blank for the notification.

Please also read carefully the chapter ‘III. The procedure’ before making the notification.

III. The process of the notification

Upon receipt of the notification, the service supervisory authority shall immediately verify whether the notification complies with the requirements set out in Article 22 (concerning the notification) of Act LXXVI of 2009 on the General Rules for the Commencement and Continuation of Service Activities (hereinafter the Service Act), and no later than eight days after receipt of the notification,

(a) if the application complies with the requirements set out in Section 22 and the administrative service fee has been paid, notify the applicant of this fact by sending a certificate;

(b) where the application does not comply with the requirements laid down in Article 22 or the administrative service fee required for the application has not been paid and the service provider has not been granted legal aid, warn the service provider of the consequences of continuing the activity without notification, indicating the deficiencies in the application.

In connection with the activity of a tour operator, Act CLXIV of 2005 on Trade requires proof of professional insurance. In this respect, the notification for the cross-border provision of services must also include a declaration by the service provider that he has an appropriate professional guarantee, the name of the organisation providing the professional guarantee and the information necessary to identify the contract on which the professional guarantee is based, the risks covered by the professional guarantee, the territorial scope of the professional guarantee and the amount of the professional guarantee or the ceiling of the guarantee contained therein.

In the event that the service provider registering for cross-border travel agency activity already has a professional guarantee with a credit institution, insurance company or other professional insurance organisation established in Hungary or in another EEA State, the amount or the ceiling of the risks covered and any limits on the risks covered, based on the purpose and content of the guarantee, as defined in the legislation regulating the service activity in question (Act No 213/1996 (XII.23. (Government Decree on the provision of travel agency, tour operator and tour operator services), but the adequacy of which is only partial, the Government Office of the Capital City Budapest may require the provision of additional professional insurance.

In order to establish equivalence, it may also be necessary to attach a certificate of professional guarantee (with a translation into Hungarian) to the application.

Attention!

If the notification does not comply with the requirements of the Act on Services, the notification is deemed not to have been made.
The Government Office of the Capital City Budapest issues a certificate of the proper notification and registers the service provider performing the activity of tour operator and/or travel agent ex officio within 15 days of the notification.

The Government Office of the Capital City Budapest will continuously publish on the following website (www.mkeh.gov.hu) the public data of registered service providers carrying out cross-border activities.

IV. How to apply

Information leaflets and application forms can be obtained at the premises of the Government Office of the Capital City Budapest (1124 Budapest, Németvölgyi út 37.39.), where the application can also be made in person or by proxy.

(Opening hours: Mon - Fri 9:00 - 11:00)

The notification form can be downloaded here

If sent by post, the notification should be sent by registered mail to the following address of the Government Office of the Capital City Budapest (Budapest Főváros Kormányhivatala, 1534 Budapest BKKP, Pf: 919/1.).,

V. Relevant legislation