When a tour operator cancels a tourist stay the day before departure, the buyer cannot both accept an alternative trip and claim a termination indemnity.
This was confirmed by the Court of Cassation in its judgment of 14 November 2019. In this case, the buyer had booked and paid in full for a stay in Morocco for 4 people. The day before departure, the seller cancels the stay and offers an alternative stay in Egypt in a club offering superior services that the customer accepts. At the end of the trip, the buyer subpoenaed the seller for compensation.
The Tourism Code provides that when, before departure, the seller of a holiday or a tourist trip cancels the trip, he must refund all the sums paid and pay an indemnity at least equal to the penalty that the traveler would have had to pay if he himself had canceled on that date.
The buyer is, however, denied the request. In the case of the Court of Cassation, compensation is excluded if an alternative journey is accepted. The buyer accepted an alternative trip with the same departure date as the trip originally planned, and also waived the contractual reflection period.
