French refund law - Ordinance Number 2020-315 - refunds or credit notes

larkim

We were booked to travel to France tomorrow for a skiing holiday, which obviously is not happening now.  The resort closed a few weeks ago and the hotel operator (Pierre et Vacances) immediately notified us that they would issue a credit note.  We don't want a credit note as the holiday was for a large group  that simply won't be able to get together in the period when the credit note will be available.  But equally I don't want to harm P&V, and as I have full cancellation cover (that, for the sake of this thread, is fully in place to cover govt restrictions on travel in the Covid scenario) I would prefer my insurers to pay out.
However, thanks to a useful call with the P&V customer service team I was pointed towards the newly implemented french law referenced above, and linked to here https://beta.legifrance.gouv.fr/loda/texte_lc/JORFTEXT000041755833/2020-04-09?highlight=2020-315&tab_selection=all&searchField=ALL&query=2020-315&page=1&init=true 
This effectively updates all french travel and trip contracts to include the right of the seller to offer a credit note instead of the usual contractual position which would make a refund obligatory on a provider if they unilaterally cancelled or fundamentally changed the contract.  The position appears to be that they are entitled to offer a credit note with an 18 month window on it, but if a) you use the credit note only in part you get refunded the difference in cash or b) if you cannot use the credit note you should be refunded in cash in full after 18 months if you ask for it.  This means that from my travel insurance point of view there is no loss yet.
I am happy for the time being to let this run out, though obviously the risk is that P&V goes into liquidation etc prior to me being able to either use part of the c/n or get a full cash refund.  I am currently exploring this with my insurer to see what position that puts me in.
Just posting this as a resource for others who are in a similar position with French companies at the moment.  

spiro

I think that is what ABTA is trying to do here but obviously some people would like the money back now because their personal finances have changed.

rileygirl

I am also in this situation, only my financial situation is currently quite precarious and I am keen to secure a cash refund.  The french campsite chain has responded thus:
"In accordance with Order 2020-315 of March 25, 2020, from the French Government, we will make a refund in the form of a voucher to the amount which you have already paid. This voucher is valid for a booking of a future stay in 2020 or 2021. You can use this for a period of 18 months for a stay at one of the  Huttopia Group sites of your choice"
Does anyone know if I have any recourse for a cash refund?
Thanks

Life__Goes__On

"

rileygirl said:

I am also in this situation, only my financial situation is currently quite precarious and I am keen to secure a cash refund.  The french campsite chain has responded thus:
"In accordance with Order 2020-315 of March 25, 2020, from the French Government, we will make a refund in the form of a voucher to the amount which you have already paid. This voucher is valid for a booking of a future stay in 2020 or 2021. You can use this for a period of 18 months for a stay at one of the  Huttopia Group sites of your choice"
Does anyone know if I have any recourse for a cash refund?
Thanks

What method of payment did you use?