The Council of State rejected the appeal of the consumer defense associations UFC-Que Choisir and Consumption, Housing, Living Environment (CCLV) against the ordinance authorizing tour operators to offer a credit, and not a refund, to customers whose the stay was canceled due to the Covid-19 pandemic.
Seized in summary proceedings on July 7, the judge considered, “Without it being necessary to examine the existence of a serious doubt as to the legality” of this ordinance, that the “Emergency condition” was not “Fulfilled” and, as a result, dismissed the two associations, in an order dated July 17 and made public Monday July 20. The associations did not provide “No precise information on the seriousness of the consequences that this device would entail for the consumers whose interests they defend” : the urgency not being established, there is therefore no need to suspend the order.
Tourism at half mast
The Council of State further argues that “These measures have been taken to safeguard the cash flow of service providers, in a context where more than 7,100 travel and accommodation operators registered in France, faced with an unprecedented volume of cancellations and order intake almost zero, were in great difficulty “.
Since March 25, a government order allows tour operators and travel agencies to offer customers whose stay cannot be made because of Covid-19 a voucher or a credit note valid for eighteen months in order to preserve their cash flow. And this, while the law usually requires a refund in cash. This credit will be refundable in cash after eighteen months if it has not been used.
In early July, Brussels launched an infringement procedure against ten European Union countries, including France, to defend the right of travelers to be reimbursed in the event of cancellation of their stays due to the epidemic caused by the new coronavirus.
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