qFour and a half years after the emergence of the Covid-19 pandemic, civil courts continue to purge litigation between consumers who, for fear of the virus, canceled their vacations, and travel agencies, which considered their departure possible.
Magistrates must ask themselves whether, on the date of travel, “exceptional and unavoidable circumstances that occur at the place of destination or in its immediate vicinity, [auraient] significant consequences on the execution of the contract »as provided in article L211-14 of the tourism code.
For “appreciate the probability” death ” consequences “they must “Put yourself in the perspective of a normally informed average traveler”but it does not take into account what happened after the extinction, as recommended by the Court of Justice of the European Union on February 29 (C-584/22).
Did the magistrates of the Court of Appeal of Saint-Denis de la Réunion do so when, on August 23, they rejected the request for reimbursement from the Saint-Michel Catholic school? The management of the latter has doubts and hesitates to file an appeal.
On June 18, 2019, the school entered into a package travel contract with SARL Voyages Villages Vacances, for thirty-six 5-year-old university studentsmy and 4my and four companions remain in mainland France, from March 4 to 15, 2020. The contract includes transportation, accommodation, catering, as well as visits to Paris and ski lessons in the Alps.
Absence of cluster
A few days before departure, the director and the parents concerned are worried about the situation in France. On March 2, 2020, the rector informed the director that “Travel abroad and to France in groups are suspended until further notice.”
On March 3, 2020, he canceled the trip and requested a refund (almost 72,000 euros). The agency rejects it, this “not be abroad or in one of the clusters identified by the government” (Oise and Haute Savoie), since the destinations are Paris and Val-Cenis (Savoy).
The university assigns the agency. His lawyer, M.my Annie Khayat-Tissier maintains that, since February 29, 2020, the metropolis moved to phase 2 of the prevention plan (while Reunion was in phase 1), which characterized a “exceptional circumstance”within the meaning of the European package travel directive (article 12 and recital 31), probably has important consequences on the execution of the package, since “not allowing safe travel”.
You have 22.37% of this article left to read. The rest is reserved for subscribers.
