The Covid-19 epidemic spanned all continents and forced travelers and tourism professionals to cancel or postpone stays. Special regulations linked to the exceptional circumstances of a state of health emergency have been put in place.
On this basis and in consultation with consumers and tourism professionals, the Government has taken exceptional measures which derogate from the regulations with Ordinance No. 2020-315 of March 25, 2020 relating to the financial conditions for the resolution of certain service contracts. tourist trips and stays in case of exceptional and unavoidable circumstances or force majeure.
Please note: the provisions of this ordinance do not concern the sale of tickets (plane, railway, boat, bus / coach, sea, etc.) for this topic, see the document Disputes relating to passenger transport.
This concerns the termination of contracts notified between 01/03/2020 and a date prior to 15/09/2020 inclusive, for:
- the sale of trips and stays provided for by article L.211-14 of the tourism code;
• travel services sold by associations producing them themselves (in particular those organizing collective reception of minors for educational purposes) and travel services sold by professionals producing them themselves (accommodation, car rental, any other tourist service not forming an integral part of a travel service).
By way of derogation from the regulations, in place of reimbursement of all payments, the professional may offer a credit that the client can use for a period of 18 months. This proposal must take place no later than 30 days after the termination of the contract or, if the contract was terminated before 26/03/2020, no later than 30 days after this date.
The professional informs the customer on a durable medium (mail or email) and must indicate the amount of the credit as well as the conditions of time and duration of validity. The amount of the credit is equal to that of all the payments made under the canceled contract. The customer can only request the reimbursement of these payments after the validity period of 18 months.
Within 3 months from the notification of termination of the contract, so that the customer can use the credit, the professional must offer him a new service, which is the subject of a new contract. This offer is valid for a period of 18 months. The contract for the new service must meet the following conditions:
1° the service is identical or equivalent to the service provided for in the initial contract;
2° the price of the service is not higher than that of the initial total service (the traveler is only liable, where applicable, to payment corresponding to the balance of the price of the 1st contract);
3° the service does not give rise to any price increase other than those possibly provided for in the initial contract.
When, at the client's request, the professional offers him a service whose price is different from that of the service initially planned, the price to be paid for this new service takes account of the credit.
Failing to conclude a contract for a new service before the end of the validity period of 18 months, the professional shall reimburse all of the payments made under the canceled contract. In the same way, he also reimburses an amount equal to the balance of the credit which has not been used by the client.
Apart from the cases provided above (in particular when the service contract had to be interrupted due to confinement), professionals and consumers are invited to seek an amicable arrangement inspired by these solutions, in particular by issuing and acceptance of a credit corresponding to the remainder of the duration of the stay that could not be carried out).
7,256 total views
No comments