Fires on holiday sites: in what situations can you be reimbursed?

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Fires on holiday sites: in what situations can you be reimbursed?

Fires on holiday sites: in what situations can you be reimbursed?

The fires in the south of the country coincide with the start of the summer holidays and may lead to accommodation cancellations, among other things.

"If there are plans, it's better to postpone them." These words from Aude Prefect Christian Pouget on Tuesday, July 8, on ICI Occitanie (formerly France Bleu), are aimed particularly at vacationers planning to stay in the area engulfed by the flames. The fire, which started Monday near Narbonne, continued to spread on Tuesday.

And, as a sign of the start of the forest fire season , after the weekend's fires, a new fire broke out near Marseille, in the Bouches-du-Rhône department. When flames disrupt, among other things, the plans of vacationers at the start of the summer holidays, how can you change your plans and get a refund? Franceinfo takes stock with Thomas Gonçalves, a legal specialist in tourism and vacations at the National Consumer Institute (INC), based on different scenarios.

1 When the place of stay closed because of the fires

The scenario where the place of stay closes of its own accord is the "most advantageous for the consumer" , indicates Thomas Gonçalves: "The consumer is entitled to a full refund." The lawyer emphasizes that this is not even due to the fire, "it is simply due to the fact that the professional does not fulfill his part of the contract and, de facto, this results in a refund for the consumer" .

Similarly, if a guest is already on-site and their accommodation has to close due to a fire, they can get a refund. "It's the same, as long as it's the accommodation that closes on its own," according to Thomas Gonçalves, "the only difference is that the refund will be made pro rata to the number of nights remaining." Note that "some accommodations offer the option to cancel your stay in advance," he points out.

2 When transport is booked, but the place of stay has closed due to a fire

If a holidaymaker has planned to travel to their destination that has closed by train and wishes to cancel their train tickets, it depends on the case, "if it is a package holiday [a set of services offered by a tour operator that generally includes transport and accommodation] or not" , specifies the INC lawyer. "If it is a package holiday and it has not yet started, the refund will be made in full, and in this case, the only contact to contact to request cancellation is the tour operator" .

On the other hand, if the services are taken by an individual and separately, for example someone buys a train ticket to go to Aude and reserves a campsite there, "then it's really separate" points out Thomas Gonçalves. "If the trains are still running and only the campsite is closed, the railway company will not have to reimburse the train ticket and the place of stay will not have to reimburse the transport either." "Each service provider is responsible for its service" , he concludes.

3 When the customer prefers to cancel as a precaution, although their place of stay is not obliged to close

If there is no official evacuation or closure order, it is not possible to request a refund and "the professional is not obliged to reimburse," says Thomas Gonçalves. "Afterwards, you always have to check what is in the contract. So, in the event of cancellation, if the consumer can cancel a contract or postpone it, he adds. But there is no text that provides for a precautionary principle that allows the consumer to demand a refund."

For the lawyer, there is only one scenario where this could be possible: "It is when the State intervenes, for example, by forcing people to stay at home. The consumer will be able to invoke this State intervention with the professional to explain that he cannot travel and is therefore unable to fulfill his part of the contract." If they are concerned, the residents of Aude who are confined will thus be able to invoke this compelling reason.

4 In the case of a stay abroad

It's not just France that's been hit by fires, elsewhere in Europe too, like recently in Greece . "In the case of a package holiday, it doesn't change, because it's harmonised ," assures Thomas Gonçalves, "the fact that the hotel is closed allows for complete cancellation and reimbursement of the stay." On the other hand, if these services are taken separately by the consumer, "we fall back into the same situation as in France," he notes. "So, if the place of stay in Greece is closed, but the airline can still operate its flight, in this case, the airline is not required to reimburse."

5 If goods are damaged during the stay

In the event of a fire that breaks out and damages people's belongings, such as in a hotel, for example, reimbursement is based on the insurance taken out by the customer. "It all depends on the property in question," says Thomas Gonçalves. "For the car, you have to check with car insurance, and for other items you might bring on vacation, you have to check with your home insurance (MRH). You can also check with the professional's insurance to see if there is anything in place for users."

6 How and when to claim a refund?

To be best covered, the lawyer advises paying attention to the consumer's own insurance: vehicle insurance, comprehensive home insurance, and credit card insurance if it was used to pay for the service. "There are also all the insurance policies offered by the professionals themselves," he adds: those provided by airlines, those provided by travel agencies, etc. And, there are also cancellation insurance policies offered by hotels: "For an additional fee, the customer can cancel their stay, but you always need to consider the cost and the cancellation conditions."

In the event of a canceled stay, Thomas Gonçalves advises always keeping a written record, by mail or email, with acknowledgment of receipt, and starting the process as quickly as possible. Insurance companies require you to report a claim within five business days, he reminds. "There's no legal requirement to claim reimbursement for the stay itself. But it's always better to act quickly, in case a mediator is involved or if it leads to legal disputes."

Francetvinfo

Francetvinfo

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