The vaccines promised us a summer without health restrictions, but the Covid and its variants have decided otherwise.
Faced with the resurgence of the epidemic linked in particular to the arrival of the Delta variant, travel conditions are tightening in Europe.
The first brake was brought by the Minister of European Affairs, Clément Beaune, on July 8, advising the French to
"avoid Spain and Portugal"
. He then announced on July 15 additional measures for unvaccinated tourists from these two countries. It is now generalized: from August 1, all travel in Europe and the rest of the world will be subject to restrictions. The French authorities will require a health pass for all travel by plane, train and long-distance coach.
So many obstacles to tourism that can encourage holidaymakers to cancel their stay.
There then arises, with a certain impression of déjà vu, the question of reimbursement for reserved stays.
If the stay is made impossible due to the pandemic, will it be reimbursed?
In reality, it depends.
The conditions differ first of all depending on whether the reservation concerns accommodation, a dry flight or a package holiday (flight + accommodation).
Read also: Summer holidays: cancellation, health pass, country to travel ... the answers to your questions
Exceptional and unavoidable circumstances
For accommodation
Please refer to the general conditions of sale.
They specify the cancellation and refund conditions and may differ depending on the hotelier or the booking platform.
For dry flights
Obtaining a refund (if it is not foreseen upfront in your terms of sale) is unlikely.
As long as the flight is maintained, the company is not obligated to reimburse customers.
The conditions of sale and any travel insurance may cover epidemics, but this is not mandatory.
If the flight is canceled, however, the company is required to reimburse its customers.
For package travel
The holidaymaker must be reimbursed if he proves that his stay is made impossible due to "exceptional and unavoidable circumstances". In France, article L211-14 of the Tourism Code thus provides that:
“The traveler has the right to terminate the contract before the start of the trip or stay without paying any resolution costs if exceptional and unavoidable circumstances arise in the place of destination or in the immediate vicinity thereof, have significant consequences on the performance of the contract or on the transport of passengers to the place of destination. In this case, the traveler is entitled to full reimbursement of payments made but not to additional compensation. "
In Europe, similar provisions are provided for in Article 12 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and related travel services.
Note that if the exceptional and unavoidable circumstances are recognized, the service provider can offer a credit but cannot impose it.
"If the traveler wishes to be reimbursed, he must be,"
confirms Professor Loïc Grard, president of the National Council of Universities (CNU) public law section and specialist in transport and international trade law.
It is still necessary to succeed in demonstrating the exceptional and inevitable nature of these circumstances.
To get an idea, we have selected five situations in which tourists would be tempted to cancel their stay.
For each one, Professor Loïc Grard gives his opinion on the probability of obtaining a refund, in the case of a package stay.
Read also: Travel and Covid-19: how to choose the right insurance?
Our comparative table
The health situation at my destination has deteriorated
“It must be shown that exceptional and unavoidable circumstances justify the abandonment of the project; a particularly strong epidemic at the place of the intended destination can be considered as such - but this remains at the discretion of the trip organizer, subject to supervision by the judge. "
France has just classified my destination in orange and I am not vaccinated
“Since vaccination is not compulsory, invoking exceptional and unavoidable circumstances is not without meaning. But you will probably be told that you can avoid the problem by getting the vaccine. So reimbursement here is unlikely. It is best to postpone the trip after vaccination. The word inevitable is of particular importance here. This case remains a possible source of litigation. ”
The French authorities have just classified my destination in red
“The cancellation conditions are here objectively characterized since the country of departure has classified the area as not passable. Nothing can get around the obstacle, so providers must make a refund within fourteen. In addition, it is necessary to see to what extent the organizers can engage the responsibility of the State for abnormal and special damage to them. "
Read also: Countries classified in green, orange or red: what this changes for travelers
The country I'm going to no longer accepts French tourists
"The extraordinary and unavoidable circumstances are characterized so there must be a refund."
I contract the Covid or become a contact case just before my departure
“The situation must be characterized as inevitable. Couldn't the person avoid the contamination? His lack of diligence can be invoked to refuse reimbursement - here too, there is no dispute. ”