SOS conso. Holidaymakers who have purchased a ” travel package “, that is to say, a service combining at least one transport service and another (accommodation, excursion, car rental…), with a travel agency in france or a travel agency, foreign, but with a French website, may, upon their return, call him to account if one of the services left something to be desired. The agency is ” legally responsible for the proper execution of the obligations resulting from the contract, that this contract has been concluded at a distance or not, and that these obligations are to be performed by itself or by other service providers “, according to article l. 211-16 of the tourism code.
The Court of cassation comes from the mind on the occasion of a dispute between two holiday-makers in the agency, Karavel, about compensation for flight delay : Karavel, who had sold a tourist circuit in Argentina, refused to pay them ; she told them to contact the organizer, Amerigo, who himself returned on the airline, Latam. The court near Bordeaux, having given reason for Karavel, the Court of cassation has overruled its judgment, 27 June : in the event of non-performance of a service by a third party, the travel agency is presumed to be responsible.
This presumption also applies when the vacationer is the victim of an accident in the framework of the provision stipulated in the contract. It is as well as a holiday-maker who bought from the Club Mediterranean, a package of winter sports including the transportation, hotel, rental of skis, as well as courses, and having a broken leg for one of these courses, was able to obtain the tour operator is held responsible for his injuries and compensation. Club Méditerranée, in vain, tried to argue that the client was enrolled in a course of a level too high : the Court of cassation dismissed his appeal on 17 November 2011.