Refund because of covid 19

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Bassman
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Refund because of covid 19

Post by Bassman »

We had a group booking (French couples) for all our properties for this weekend, we received a phone call less than 20hrs before they were supposed to arrive saying they are cancelling and they want a full refund. We are obviously looking for advise from our insurance and the UNPI in La Rochelle but i have no reason to think they have any legal grounds to demand this. Has anyone else had the same problem?
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apexblue
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Post by apexblue »

No cancellations but emails what happens if they do.

Hard stance no refund unless relet and referring to first email saying we strongly advise insurance.

Did they booked direct?
It is better to remain quiet and have one think you are stupid, than to open your mouth and remove all doubt....

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the chefs
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Codis 19

Post by the chefs »

Always had it as part of booking form that guests should have their own travel insurance. No refund unless rebooked.
Times are hard and will get harder unfortunately.
You will never fail till you have stopped trying.
Frenchlady
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Post by Frenchlady »

We have a dilemma of do we cancel a Spanish booking before they do. Family with an 18 and 15 year old. We are a B&B so they would be in our home and we would have no idea if they were infectious. I have RA so have a surpressed immune system and trying to avoid the virus. Could obviously do with the money but not worth the risk to health and everything that would come with it. Situation in Spain getting worse. Think we will offer to retain deposit for alternative future date or refund in full as we will be the ones cancelling.
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CSE
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Post by CSE »

Frenchlady wrote:We have a dilemma of do we cancel a Spanish booking before they do. Family with an 18 and 15 year old. We are a B&B so they would be in our home and we would have no idea if they were infectious. I have RA so have a surpressed immune system and trying to avoid the virus. Could obviously do with the money but not worth the risk to health and everything that would come with it. Situation in Spain getting worse. Think we will offer to retain deposit for alternative future date or refund in full as we will be the ones cancelling.
Seeing as there virus cases all over Europe. You will never know who the guest has been in contact risk and you maybe in a higher risk category if you do come in contact with a virus carrying person(s) then maybe consider shutting down until the whole episode is over.
s you say money is not so important as your health.
Never try to out-stubborn your guests.
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Bassman
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Post by Bassman »

apexblue wrote:No cancellations but emails what happens if they do.

Hard stance no refund unless relet and referring to first email saying we strongly advise insurance.

Did they booked direct?
We are fortunate most of our bookings are direct including this one.
We have since had an email from another member of the group whose (:wink: cliché warning!) friend is a none other than a lawyer! This "lawyer friend"says because there is a state of emergency we must return the money!
Sunbeam
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Post by Sunbeam »

I would ask this Lawyer to show you the piece of regulation that says a refund must be given and that it overrides your Terms and Conditions. Is this a French regulation?

We have a friend who works in the insurance industry who has said we should stick to our Terms and Conditions and refer them to their insurer.
Renaud2
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Post by Renaud2 »

There is no "state of emergency" officially declared in France (as far as I am aware). So, my advice would be "no refund". Tell them, in no uncertain terms, that it is their decision to cancel, and under your terms and conditions no refund will be made. Their talk of 'legal action' is just to try to pressure you. Stand firm, as they have not a hope in hell of regaining the money through legal action.
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Bassman
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Post by Bassman »

Sadly now she is getting aggressive calling my wife abusive because we wont refund. i think she has paid for the stay and maybe her friends arent gonna cough up there share (which is 50€ per guest!!!) probably winding her up in the process!!!
This is the regulation she sent us https://www.legifrance.gouv.fr/affichCo ... e=20050101
Even with my very poor French i know it is irrelevant.
And this is only the start!
Renaud2
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Post by Renaud2 »

The legal code quoted says "When, before departure, compliance with one of the essential elements of the contract is rendered impossible as a result of an external event which is imposed on the seller". You are still able to provide the property to the renter. No outside events are preventing the renters from continuing with their rental. We have returned this afternoon from greeting french guests arriving for a weeks rental. There was nothing preventing them from travelling, and there is nothing preventing your guests from travelling. They have decided by themselves that they do not wish to continue. That is their problem, not yours.
Do you have a contract signed by them? Does it state that there is no refund if guests cancel? It's not essential, but does make it clearer, if you have it in writing.
Tell them, no refund, and no more correspondence about it. They chose to cancel, end of story.
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Bassman
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Post by Bassman »

Renaud2 wrote:The legal code quoted says "When, before departure, compliance with one of the essential elements of the contract is rendered impossible as a result of an external event which is imposed on the seller". You are still able to provide the property to the renter. No outside events are preventing the renters from continuing with their rental. We have returned this afternoon from greeting french guests arriving for a weeks rental. There was nothing preventing them from travelling, and there is nothing preventing your guests from travelling. They have decided by themselves that they do not wish to continue. That is their problem, not yours.
Do you have a contract signed by them? Does it state that there is no refund if guests cancel? It's not essential, but does make it clearer, if you have it in writing.
Tell them, no refund, and no more correspondence about it. They chose to cancel, end of story.
That was pretty much our thoughts. As i said earlier i think she has paid for this party and expected everyone to pay their part to her when they arrived, then they all chip in for food & drinks. In the past have often come across lists with the total cost and then a brake down of how much each family owes. Im guessing they rest dont want to pay up and are putting pressure on her, all not our concern but she is trying to put the pressure on us!
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apexblue
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Post by apexblue »

Stick to your guns Bassman and end communication with guest.

Good luck. Been there so many times.
It is better to remain quiet and have one think you are stupid, than to open your mouth and remove all doubt....

The biggest mistake we make in life is thinking we have time.
Sunbeam
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Post by Sunbeam »

Agree - stick to your guns
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Post by costa-brava »

You will see from my post in the Spain section that I am very, very pessimistic about bookings or relets. It's going to be a summer to remember (and one you'd rather forget).
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Bassman
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Post by Bassman »

We spoke to an avocat at the UNPI (Union Nationale des Propriétaires Immobiliers) who confirmed that we are not obliged to return any monies.
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