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CGH & refunds & the law

 Poster: A snowHead
Poster: A snowHead
Hello,

I am trying to navigate a refund of an easter week with the French company CGH. We have been offered a voucher which is great, apart from the fact we cannot ski next year due to existing family commitments. We have pleaded this case to no avail as they say the French government has waived the right to a refund. Can anyone confirm if this is correct before I go to the insurance company? I am somewhat disappointed in them after using them for one or two weeks a year for the past 8 years.
I have copied the relevant parts of the email below.

Steve




Quote:

You have booked a stay from the 4th until the 11th of April 2020 in our CGH Residence L’Orée des Neiges.


Following the decisions announced by the government, we were unfortunately forced to close our establishments on March 16, 2020 until the end of winter and were unable to welcome you to our residence. We are sorry and we hope you will understand that we had no other solution, our priority, like yours for that matter, is to protect our customers and our teams and to minimize the risks of contamination, to you, for us, for our elders and those we love.



On March 25, 2020, the French Government issued an Order relating to the conditions for cancellation of stay contracts in the event of exceptional and unavoidable circumstances or force majeure, which modifies the obligations of professionals by derogating from the right to refund for in article L.211-14 of the tourism code, to enable them to offer their customers a refund in the form of an equivalent service offer, or by means of a credit valid over a long period, of eighteen months, within the aim to balance support for companies in the sector in this period of crisis with respect for consumer rights.



In accordance with this Ordinance (which you can consult on our website https://www.cgh-residences.com/actualites/informations-relatives-au-coronavirus-129 ) and in order to allow you to fully enjoy your next stay in the mountains we offer you:


- To postpone your booking to next year in the same residence and on the same dates as those you had reserved. The 2020 price for your rental (excluding additional services) will be maintained and the reservation will be settled with the amount of the credit.

(in this case we kindly ask you to confirm this by return email so that our teams can contact you in May as soon as the Winter 2020-21 bookings will be open)

Or

- Make a new booking using the attached voucher for the amount corresponding to the amount you had paid for your initial unused stay.

o In the event that this new booking is of an amount greater than the amount of the credit, it will be necessary to settle the difference at the time you make the reservation.

o In the case where this new reservation is of an amount lower than the amount of the credit, the differential credit will be usable to settle your expenses in extra on site or could be carried over to another stay but always to be used before the term of the initial validity of the prepayment.
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 Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
@ringingmaster, this is indeed the case, but if you are unable to use the voucher within 18 months, you are able to then claim the refund.
snow conditions
 Well, the person's real but it's just a made up name, see?
Well, the person's real but it's just a made up name, see?
@Hells Bells, Thanks for that. Very helpful. I dont believe they had mentioned the fact we could claim a refund after 18 months. That works for me.
ski holidays
 You need to Login to know who's really who.
You need to Login to know who's really who.
Here's the ruling:

https://www.legifrance.gouv.fr/affichTexte.do;jsessionid=B4F2F9EB65C9A0A55F7D5DC80403A1E8.tplgfr24s_1?cidTexte=JORFTEXT000041755833&dateTexte=20200326


III. - Le montant de l'avoir prévu au II du présent article est égal à celui de l'intégralité des paiements effectués au titre du contrat résolu mentionné au I de cet article. Lorsque cet avoir est proposé, le client ne peut solliciter le remboursement de ces paiements, sous réserve, au terme de la période de validité de l'avoir prévue au V du présent article, des dispositions du VII de cet article.

V. - La proposition mentionnée au IV du présent article est formulée au plus tard dans un délai de trois mois à compter de la notification de la résolution mentionnée au I de cet article. Elle est valable pendant une durée de dix-huit mois.
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 Anyway, snowHeads is much more fun if you do.
Anyway, snowHeads is much more fun if you do.
I already had 3 bookings for the summer for our apartment, which is a bit unusual. All had paid the deposits, but the balances would be coming due in the next few weeks. I've contacted them all this week offering same dates next year if we aren't able to open for their current dates. One has got back to me saying he is still hoping to come, but not heard from the others yet. I will send another email when I should be asking for their payments.
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 You'll need to Register first of course.
You'll need to Register first of course.
I have had a non refundable 40%(approx £450) on accommodation in Corsica this June.
When I wrote to them they confirmed that I could not have it back immediately. I could use the voucher next year, but if I hadn't used it by the end of next summer season, October 2021 then they would refund.
I will happily 're book just as soon as EJ open up next summer's flight schedules!!!!
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