 Poster: A snowHead
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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
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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
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@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.
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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?
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@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.
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You need to Login to know who's really who.
You need to Login to know who's really who.
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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.
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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.
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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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Has anybody had any success with successfully claimed a refund after 18 month expiry?
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We have had confirmation by email that we can, but we were hoping to bypass by just rebooking at easter.
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You'll get to see more forums and be part of the best ski club on the net.
You'll get to see more forums and be part of the best ski club on the net.
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If you booked on a .co.uk domain, then French Law carries little weight against UK law.
When you choose to sell to a market in a different country, then you have to follow the law in that country.
Since we have left the EU, the ecommerce directive does not apply.
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I've just sent the email below to Mark Warner. They phoned me a few days ago to canx our holiday in France, due to the Covid regs. They didn't offer the refund option, only that I could change the holiday to another date, which, under some pressure from them and not knowing the law, I accepted.
Have since looked at their Terms and Conditions and the Govt website, and it appears we are entitled to a full refund. I understand why they don't offer it, but it's a bit naughty, if that's the law...
Hi – re your phone call on the 16th about the cancellation of the holiday, re the info copied below from your website and the Govt website, we’ve now decided we’d like to receive a refund, pls.
Apologies and many thanks,
SB
8.2 Cancellation - If we have to cancel your booking before your Departure you can accept an alternative holiday from us, or we will refund the money that you have paid to us. We will also pay you the compensation set out below, unless the cancellation is due to unavoidable and extraordinary circumstances, or you not paying your outstanding balance on time, or as a result of your failure to comply with any requirement of these Booking Conditions.
https://www.gov.uk/government/publications/package-holiday-refunds-and-cancellations/information-about-package-holiday-refunds-and-cancellations
If you book a package holiday that is cancelled, or significantly altered by the company due to coronavirus, below is some information on your rights:
• If package holiday organisers cancel your holiday you are entitled to a full refund within 14 days of the cancellation date
• Your refund should be provided irrespective of whether the company you booked with has received funds from other companies involved in your trip, such as airlines
• The option of a refund and the process of applying for it should be clearly communicated, easy to do and include clear instructions
• You have the right to a cash refund. You don’t have to accept a Refund Credit Note, or rebook for another date.
• Refund Credit Notes have certain financial protections that vouchers may not. If you are offered a Refund Credit Note check the terms and conditions to see if you are willing to accept it or would prefer a refund.
• If you accept a Refund Credit Note you can exchange it for cash at any time
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snowHeads are a friendly bunch.
snowHeads are a friendly bunch.
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| Mr.Egg wrote: |
If you booked on a .co.uk domain, then French Law carries little weight against UK law.
When you choose to sell to a market in a different country, then you have to follow the law in that country.
Since we have left the EU, the ecommerce directive does not apply. |
We booked CGH by telephone, and we are claiming under the French emergency legislation commented on above, not and EU ecommerce directive .
I imagine the fact we have used them twice a year for 9 years will work out in our favour.
We will find out in a few weeks.
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And love to help out and answer questions and of course, read each other's snow reports.
And love to help out and answer questions and of course, read each other's snow reports.
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We’ve been chasing them for a voucher since the expiry of the 18 month deadline in October. We’ve just come back from a week in Tignes where we stayed at a CGH residence paid through a seperate tour operator and they are now claiming that the voucher was used to pay for this accommodation and we need to now seek a refund from the tour operator. As have been given the run around for 2 months now just a note to other snowheads to exercise caution.
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@brovert, Oooh - this will be interesting . I will let you know.
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You know it makes sense.
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@ringingmaster, @brovert, CGH have not been paying rents to some owners on time, with the excuse of they have not received government support yet and will do anything to avoid expenses at the moment.
Last edited by You know it makes sense. on Thu 19-05-22 8:02; edited 1 time in total
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Otherwise you'll just go on seeing the one name:
Otherwise you'll just go on seeing the one name:
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| Mr.Egg wrote: |
If you booked on a .co.uk domain, then French Law carries little weight against UK law.
When you choose to sell to a market in a different country, then you have to follow the law in that country.... |
Can you provide any support for this, or is it just an opinion? (Genuine question).
I would have thought that if someone has voluntarily entered into a contract that states it is governed by (say) French law, then UK courts would be reluctant to deal with it. And a risk with going down the legal route is that the other party will potentially make a counter-claim in a French court - which will have to be defended.
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Poster: A snowHead
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| ecureuil wrote: |
| Mr.Egg wrote: |
If you booked on a .co.uk domain, then French Law carries little weight against UK law.
When you choose to sell to a market in a different country, then you have to follow the law in that country.... |
Can you provide any support for this, or is it just an opinion? (Genuine question).
I would have thought that if someone has voluntarily entered into a contract that states it is governed by (say) French law, then UK courts would be reluctant to deal with it. And a risk with going down the legal route is that the other party will potentially make a counter-claim in a French court - which will have to be defended. |
ahh, I just looked it up. Renting Property is not covered. It is only for goods more than services.
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Obviously A snowHead isn't a real person
Obviously A snowHead isn't a real person
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Probably worth bottoming this out. In the end we decided to book a week with CGH in Vallandry. They honoured the (now expired) voucher, and gave us an additional 15% off this years prices for spending it with them instead of getting a refund. I am happy with the eventual outcome.
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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?
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We also eventually arrived at an acceptable compromise.
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