Emmanuelle Llop : "Le professionnel ne pourrait être déclaré responsable si un voyageur non-vacciné n’a plus accès - depuis la France -  à un pays passé du vert à l’orange ou au rouge. Il faudra considérer un report ou alors, des frais d’annulation malheureusement" - DR

Green, orange, red countries: what about the duty of information? The responses of E. Llop

Destinations

TourMaG.com – The latest information about green, orange and red countries unveiled by the government must now be taken into account by the agencies as part of their duty to inform?
Emmanuelle Llop:
The obligation to inform agencies and TOs obviously concerns the conditions at destination when transport is provided by the professional.
These informations are given in the state of knowledge available before and during the conclusion of the contract, then updated until departure in the event of a change. This tricolor world map seems to me above all to concern the conditions of return to France, which are not part of the mandatory information to be provided to the traveler. Even if nothing prevents communicating it to the customer.
As for the compelling reasons to be demonstrated when leaving France to orange or red areas, nothing new for the moment (apart from the traveler’s vaccination or not), except that they are in addition to the entry conditions of the countries of destination.
A mention here for incoming sales: there is obviously no border crossing for travelers residing in France but agencies are advised to generally inform their customers about the health measures in force, if they are. relevant to the stay sold (for example, a stay in a theme park).

TourMaG.com – Are there any precautions to take, with a map review every two weeks? What happens if a country changes color at the last moment before departure from green to orange or orange to red?
Emmanuel Llop:
it is not really a question of taking special precautions, because apart from informing the traveler of the change – as in any other pre-departure modification situation, there is little the trader can do.
Since we are only talking about the decisions of the French State, these are once again conditions at the start (mainly compelling reasons) whose consequences cannot be financially borne by the professional.
Thus, the professional could not be declared responsible if an unvaccinated traveler no longer has access – from France – to a country that has changed from green to orange or red. You will have to consider a postponement or, unfortunately, a cancellation fee.

TourMaG.com – What could also happen if an orange country turns red during a traveler’s stay? What do you recommend to the agency?
Emmanuelle Llop:
In this case, what will be worrying are the conditions of return to France, with the 48-hour tests, the 7-day self-isolation or the 10-day quarantine.
Here again, the agency would not be responsible but for example, by offering specific insurance – covid, it can limit the inconvenience of travelers (costs of tests abroad in particular); although it seems to me that Medicare will cover part of the cost of the tests abroad.
There remains for the traveler the inconvenience of not being able to go to work on his return, or of having to pay for his quarantine away from home, for example.
Just as many risks that do not weigh on professionals, which I am currently observing are very cautious in sales. I sympathize with the migraines they suffer when it comes to checking the color of the planned trip, because at the start or at the destination, they are very professional in their advice to their clients!
TourMaG.com – The establishment of the health pass for trips to Europe is scheduled for July 1. What about the duty of information even though we do not have all the details of how it works?
Emmanuelle Llop:
I would say here Wait and see. You can’t give out information you don’t have and, rather than making guesses, it’s better to wait for the official Pass instructions. There will always be time to inform even after the sales.
And once again, professionals are forced to inform about the country of destination, not about the government restrictions on departure from France, even if of course this information is useful for them to know if they can open certain sales.
And we must not forget the specific insurance, because in this area the creativity of insurers is almost limitless …