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Ordinance 2020-315: what rules for the reimbursement of travel assets?

Destinations

TourMaG.com – Everyone is talking about the repayment of assets for September. But not all reimbursements will fall in September, can you remind us of the rule?
Emmanuelle Llop:
according to’Order 2020-315, applicable to cancellations pronounced between March 1 and September 15, 2020 inclusive, professionals who wished to benefit from the exemption from reimbursement to travelers without charge within 14 days, in the event of cancellation due to exceptional and unavoidable circumstances (the “CEI ”) Related to Covid-19 had (a) 30 days after the cancellation (or after the publication of the Ordinance on March 26, 2020 for cancellations between March 1 and March 26) to choose or waive the benefit of the have then (b) 3 months after the cancellation to formulate a new proposal to which the credit will apply.
The new proposal is valid for 18 months. You just need to add the delays to the date of cancellation in the time of application of the order to find the expiration date of the offer (and therefore the credit note).
I give you two examples:

1) cancellation on March 15, 2020 – choice of credit on April 20, 2020 – proposal on May 20, 2020 – validity: November 20, 2021
2) cancellation on September 14, 2020 – choice of credit on October 14, 2020 – proposal on December 14, 2020 – validity: June 14, 2022

TourMaG.com – As part of this reimbursement, can professionals retain management fees?
Emmanuelle Llop:
The Ordinance is modeled on Article L.211-14 of the Tourism Code dedicated to contract cancellation and fees, which specifies that refunds due to CEI following cancellation are made “ without paying a resolution fee “. The answer to your question is therefore that the repayment of the asset cannot be subject to withholding of resolution management fees.
TourMaG.com – Can the agencies propose a new postponement?
Emmanuelle Llop:
none of the texts of the Code, just like Ordinance 315, prohibits a better agreement between the professional and the traveler and it is therefore possible to propose a postponement and to conclude it, if the customer agrees. Many clients from elsewhere have agreed that their agency will keep the money until a trip is possible.

TourMaG.com – Do the agencies have the possibility of reimbursing in several installments (for example if the air ticket has not been reimbursed)?
Emmanuelle Llop:
no, unless agreed with the customer. By default, the repayment of the credit relates to ” all payments made “(Article 1- VII of the Ordinance). A refund can only be partial if the credit note has itself been partially used by the customer (we speak of having “breakable”).
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