2023-10-20 18:55:36
By Amélie Ruhlmann
Published on 10/20/2023 at 6:44 p.m., Updated on 10/20/2023 at 6:55 p.m.
The government had authorized tourism professionals to issue credit notes to reimburse a trip canceled between March 1 and September 15, 2020, i.e. during the “first wave” of the epidemic. Lubo Ivanko / stock.adobe.com
This Thursday, the Council of State canceled this text, for “excess of power”. A decision which should not have a big effect on customers who received a credit in 2020.
This could be of interest to the millions of French people forced to cancel a trip due to Covid-19. This Thursday, the Council of State canceled the ordinance adopted in March 2020, authorizing travel organizers to offer a refund in the form of a credit in the event of cancellation of a stay due to the pandemic. A decision taken following an appeal filed by the associations UFC-Que Choisir and CLCV.
As a reminder, the government had authorized tourism professionals to issue credit notes for the reimbursement of a trip canceled between March 1 and September 15, 2020, i.e. during the “first wave» of the epidemic. Travel organizers had largely seized this opportunity: too many simultaneous reimbursements exposed them to serious risks of bankruptcy. Except that this “boost» was not in compliance with European law, according to UFC-Que Choisir and CVL. Consulted during the development of the ordinance, the two associations had argued “the particular situation of certain travelers» and campaigned for greater flexibility in the application of the text. This request not having been heard by professionals in the sector, UFC-Que Choisir and the CLCV finally appealed to the Council of State and the Court of Justice of the European Union (CJEU) to obtain the annulment of the prescription.
The Wise Men of the Palais-Royal have finally decided to agree with consumers. In a decision of October 13, 2023, taking up the conclusions of judgment C-407/21 of June 8, 2023 of the CJEU, the Council of State in fact annulled the order of March 25, 2020 for abuse of power. Community Court of Justice recalled, in its judgment, that European regulations “gives the traveler the right to cancel their stay free of charge when exceptional and unavoidable circumstances arise at the place of destination“. The Covid-19 epidemic meets these criteria well.
This legal twist should, however, not have a big effect on customers who received a credit in 2020: these vouchers have certainly been used since then, and, otherwise, their validity period has probably expired. On the other hand, travelers who had to pay cancellation fees or who did not obtain any reimbursement for their stay canceled due to Covid-19, may be compensated. All consumers who were refused a refund because they canceled their stay themselves for fear of the epidemic can therefore try their luck again with the tour operator in question…
”
data-script=”
>
#Council #State #cancels #order #allowing #issuance #credit #trip #canceled #due #Covid