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Information on the emergency legislation for tourism, Directive 2020-313, 22nd of March 2020, that applied to rentals cancelled between the 1st of March 2020 and the 15th of September 2020, due to conditions relating to the Covid-19 epidemic.
The directive is consultable here : www.vie-public.fr
This information is provided for guidance only and does not imply any of these specified terms will be in force at the time of future reservations or at the time of future rentals.
The cancellation procedures defined in this directive were applicable, if the client canceled the reservation within the specified period of cancellation, due to epidemic related conditions which;
- are exceptional and inevitable circumstances ("force majeure"),
- are outside the control of the client or supplier
- could not reasonably be foreseen at the time of the contract being established,
- can not be resolved or avoided by all reasonable means.
This does not include personal or economic reasons for cancellation.
Outside this framework, if the supply of the accommodation can be provided as per the contract, and travel to and from the establishment can reasonably be accomplished, the standard terms and conditions apply.
For a request for cancellation entering into the scope of the legislation in force at that time :
The property owner may propose to move the reservation to a later date on the same accommodation, depending on the availability at that time. This may be later in the season or for similar dates the following year. Any difference in the rental price for the new dates is adjusted. If the balance payment is outstanding, this payment is moved to the normal due date. No additional booking fees are applied for this change.
OR
A credit note valid for 18 months may be issued by the property owner for the net rental amount already paid at the time of cancellation. If the credit note is not used towards a rental falling within the 18 month period, this amount is refunded*.
*The amount refunded is the net owner rental value and does not include any fees or commission due to an intermediary service who has processed the reservation.
Notes :
Once processed by Vendee-Gites.com, your rental contract is definitively established with the property owner, so acting the cancellation and any credit note or reimbursement accorded is solely in the hands of the property owner concerned. If the solution adopted is to move the rental to a later date, we assist the owner in administering the change and remain the point of contact.
As the due date for the balance payment was moved to 4 weeks before the rental for 2020 reservations, this was considered as the cut-off point for any request for cancellation.
If you rent a property through our partner company Select Villas, you will need to consult them for the applicable cancellation terms.
For example :
This situation concerns yourself and your party rather then the supply of accommodation. If the rented accommodation is available for your occupation and not affected by the condition of "force majeure", the property owner is not required to offer a reimbursement. Some property owners may accept to move your reservation to a later date, at their discretion, but may require a justification of the medical condition that you can obtain from your doctor.
In this instance you should consult your travel insurance provider and/or the payment protection service of your bank/credit card (if you have paid by this method) for any cover that they may offer cancellation due to medical conditions.
Summary of the interpretations from legal specialists :
All seasonal rentals in France are governed by the French legislation. This legislation may evolve beyond 2020 or be subject to jurisprudence. The epidemic situation may change substantially. It is not possible to assume any definitive protection that may be in force for rentals in 2021 or later.
In the event of a cancellation by The Client relating for reasons of travel restrictions entering or through France, quarantine for arrivals in France, or confinement in force at the location of the rental, or closure of travel infrastructures in France, the terms will depend solely on any future French government directive or legislation applicable for tourism at that time.
In the event of a cancellation relating to the epidemic by The Owner, due to a closure of the establishment, or other impossibility to fulfil his/her contract, the terms will depend solely on any future French government directive or legislation applicable for tourism at that time. Essentially the same terms should apply in this case.
Note that in the event of cancellation by The Client for reasons of unilateral travel restrictions or confinement applicable within his/her country of residence, border closure or restrictions for that country, or its government travel advice, or quarantine instigated by that country, or the cancellation of associated travel reservations, in the absence of emergency conditions ("force majeure") in France any future government directive or legislation may not be applicable and in that case normal cancellation terms would apply.
It is assumed that The Client will obtain travel insurance which covers, at least partially, any risk, loss or expenses resulting from epidemic conditions and that this is the priority in seeking indemnity. You are strongly advised to follow the evolution of travel insurance terms and ensure that your policy offers adequate cover.
Cancellations due to the client's health, the health of other rental party members, or the health of near family, are considered to be covered by means of insurance.
