Coronavirus: what rights if your holiday is canceled?

Normally, the Tourism Code applies to package travel. It protects the traveler by providing for full reimbursement in the event of cancelation by the organizer and also by the customer when exceptional and unavoidable circumstances arise (such as the current health crisis).

However, in view of the scale of the economic risk incurred by providers in the context of the crisis and in order to respect consumer rights, traders' obligations have been exceptionally adjusted by way of a derogation from the right to reimbursement.

What types of contracts are involved?

This derogating measure shall apply to contracts relating to:

• package travel sold by a tour operator or travel agent;
• travel services sold by professionals who produce them themselves (accommodation, car rental, visits to a leisure park, spa treatments, etc.);
• school trips sold by associations.

It concerns cancelations that took place between 1 March 2020 and 15 September 2020 inclusive, whether at the initiative of the trader or the consumer.

It does not apply to contracts concluded with a service provider located exclusively abroad (even in the European Union).

It does not concern transport contracts (aircraft, train, bus, boat).

How does it work?

The order provides that, within three months, the operator must offer his customer:

• the postponement of your stay for a service which is the same as or equivalent to that which was canceled, but which is not more expensive and which must not give rise to the invoicing of new charges;
• or a valid credit note for 18 months.

If the credit note is not used before the end of this period, the customer will be refunded all payments made or, if applicable, the balance of the remaining credit note.

Where the price of the proposed new benefit differs, the amount to be paid must take into account the credit. Thus:

• in the case of service of quality and prices above the amount of the credit note: the customer must pay a supplement;
• if less than: the customer retains the balance of this usable credit note until the end of its validity period. He can thus use it in a fractional manner for small stays.

The trader must inform his customer by post or email at the latest 30 days after the cancelation of the contract (at the latest 30 days after the date of March 26, 2020 if the contract was canceled before this date). It must specify the amount of the credit note as well as the conditions of time and duration of validity.

The client must inform the service provider of his decision to cancel the stay by mail or email. It is recommended that you send an acknowledgement email.