A female traveler filed a request with the Mediation after the cancellation of the flights included in a package holiday bound for Iceland. If the travel agency agreed to refund the stay, the client also believed she was entitled to a so-called ‘mirror’ compensation.
The trip consisted of a one-week stay in Iceland. A few days before departure, the airline responsible for the outbound and return flights canceled both legs.
Following this cancellation, the travel agency offered two options: reschedule the stay by one day, at a surcharge of €330, or keep the original dates with new flights, which would incur a surcharge of €980.
The traveler refused these two proposals and requested a full refund of the package, as well as an additional compensation.
The agency agreed to refund all amounts paid, but refused any additional compensation.
The trip consisted of a one-week stay in Iceland. A few days before departure, the airline responsible for the outbound and return flights canceled both legs.
Following this cancellation, the travel agency offered two options: reschedule the stay by one day, at a surcharge of €330, or keep the original dates with new flights, which would incur a surcharge of €980.
The traveler refused these two proposals and requested a full refund of the package, as well as an additional compensation.
The agency agreed to refund all amounts paid, but refused any additional compensation.
Ce que disent les textes :
To render its opinion, the Mediation relied on the provisions of Article R. 211-9 of the Tourism Code. This text provides that when an essential element of the contract is modified before departure, the professional must inform the traveler of the proposed changes and give them the choice to accept them or terminate the contract.If the traveler refuses these modifications, they can obtain a full refund of the amounts paid.
In this case, the cancellation of the flights indeed constituted a modification of an essential element of the contract. The agency proposed replacement solutions, which the traveler was free to accept or refuse. After rejecting these proposals, she was allowed to cancel her stay at no cost and obtain the full refund of her package.
Ce que préconise la Médiation Tourisme et Voyage :
Dans ces conditions, la Médiation a considéré que le professionnel avait respecté les obligations prévues par le Code du tourisme.
Aucun élément ne permettrait de justifier l’octroi d’une indemnisation complémentaire, le remboursement intégral du séjour constituant une réparation suffisante.
Aucun élément ne permettrait de justifier l’octroi d’une indemnisation complémentaire, le remboursement intégral du séjour constituant une réparation suffisante.
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