Will I be reimbursed? Since the Federal Council’s announcement to ban all demonstrations by more than 1,000 people to curb the spread of the coronavirus, this question has been bothering millions of people, whether visitors or organizers. The Confederation, it clears itself. “There is no compensation provided for within the meaning of the law, except in cases of rigor,” responds Alain Berset, Minister of Health. Knowing that this is a public health issue, it is up to the organizers to arrange. “
For the latter, it’s a bit like a cold shower. The Geneva Motor Show or the Time to Move of the Swatch Group in Zurich – for example – can only rely on themselves to cover the costs of their cancellation. The context of “special situation within the meaning of the law on epidemics” and of prohibition decreed by the Federal Council in no way modifies the usual relationships between insurers and insured persons. “There is certainly insurance for the demonstrations.
“A no on Monday can turn into a yes on Friday”
Valérie Muster, Federation of French-speaking consumers
The nature of the costs, and the circumstances under which they are covered, however, depends on the provisions of each contract, “said Takashi Sugimoto, spokesperson for the Swiss Insurance Association (ASA). Legal counsel for many events and several sports clubs will therefore carefully examine the insurance policies and make their calculations. The amounts will probably be denominated in tens of millions of francs.
At will
For consumers, too, there is no systematic. “In this area, nothing is set in stone, recognizes Valérie Muster, a lawyer at the FRC. Switzerland does not have a consumption code as it exists in some countries. It is therefore necessary to refer to the general conditions of the organizers or insurance. Insurance contract law doesn’t fix that. ”
To try to see more clearly, let’s take three concrete cases. First example: the Engadine cross-country ski marathon, the country’s largest amateur sporting event. Those who thought of taking out the cancellation insurance offered during registration will have a bad surprise. ERV, the insurance in question, does not cover damage in the event of an epidemic. “This is private insurance that is offered on our site, but to which we are not directly linked,” recognizes Menduri Kasper, CEO of the Engadine Marathon. We are trying to talk to the managers to find a solution. Because other insurances cover the damage. ” The direction of the marathon however envisages a partial reimbursement of the participants. “We need to see how much money has already been committed, and we will try to do our best,” said Menduri Kasper.
“We want to help our members in this situation”
Laurent Pignot, spokesperson for the Touring Club Switzerland
Did the fact that the marathon was canceled before the Federal Council promulgated its ban play a role? “No, it depends rather on the general conditions relating to the event,” said Valérie Muster. Without commenting on this specific case, she gave the example of an event which would exclude any reimbursement if the decision to cancel is taken by an authority and / or due to a case of force majeure. She adds that “in the absence of a specific exclusion in the general conditions, the organizer should reimburse, even if he is in no way at fault”.
If having cancellation insurance is not an absolute guarantee, consumers can however count on the flexibility of the organizers or insurance companies. Let’s take another example: a person who had planned to go to the Motor Show and who had already bought his train ticket and entrance ticket. “The costs of an event canceled on the orders of the authority are not covered by our general conditions,” explains Laurent Pignot, spokesperson for the Touring Club Switzerland (TCS).
However, we have decided to cover the cancellation costs for these trips […] because we want to help our members in this situation. ” Even without cancellation insurance, visitors to the high mass of the car have a good chance of finding their tickets, since both the SBB and the Auto Show have already announced that they will reimburse the tickets, even if it doesn’t is not written black on white in contracts. “The reimbursement is also made at the goodwill of the organizers or insurance companies,” recognizes Valérie Muster. Now we have to recognize that when it comes to exceptional cases, there are also exceptional responses. “
Do not be discouraged
Things get a little more difficult when it comes to traveling abroad. A family who has booked a week’s vacation in northern Italy will find it more difficult to find their nest egg. If SBB explains that, here too, the company will get involved in reimbursing tickets “if the trip will take place soon”, it will be much more complicated for hotel costs. The insurance companies contacted tell us that we will have to count on a refusal.
“We cover cancellations, early returns and avoidances for countries that are not recommended by the Federal Department of Foreign Affairs (FDFA) or the World Health Organization,” said the TCS. Italy is not one of them. Same story with AXA Winterthur. “Cancellations of trips to regions that have not (yet) been officially declared quarantine or epidemic zones are not insured. For example, when a person gives up the trip for fear of contamination, “said the insurance press service.
“We should not be discouraged, reassures Valérie Muster, however. There is also a political game that will be put in place between the different actors. If an insurance company finds that one of its competitors is reimbursing, then managers can quickly change their mind in order to satisfy the customer. We must not hesitate to ask the question again. A no on Monday can turn into a yes on Friday. ” As with the spread of the virus, the situation can quickly change.
Created: 02/28.2020, 10:15 p.m.
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