The below terms have been directly translated from Dutch to English from our guarantee fund organisation SGR. No rights can be derived from translation and/or typing errors. To view the original terms please click the button below.
March 14, 2020
A serious crisis has now arisen regarding the so-called Coronavirus (COVID-19 virus), as a result of which the travel industry is confronted with a large number of cancellations and the obligation for travellers to repay the prepaid fares. This can lead to major cash flow problems in the travel industry. Travellers are therefore asked by participants to rebook the trip or to accept a Refund Credit Note for a trip at a later date (hereinafter referred to as RCN).
SGR's guarantee scheme excludes reimbursement for coupons and traveller's checks that have not led to a booking with a participant.
In this crisis situation, there is reason to stipulate that a RCN may qualify for reimbursement temporarily and under additional conditions to be reported, in order to strengthen consumer confidence in this form of compensation for the cancellation of a trip.
The board of SGR, therefore, decides as follows:
- As of March 16, 2020, SGR considers RCN issued by organisers participating in SGR to be covered by SGR within the meaning of Article 3 of the GSC Guarantee Scheme, with due regard to points 2 to 7 of this Decision.
- This cover only applies if the RCN meets the model prescribed by SGR and only for issued Refund Credit Notes in the event of cancellation of journeys in connection with the inability to perform the journey in the context of the emergence of the unavoidable and extraordinary circumstances as a result of the Coronavirus and provided that the value of the credit note is clearly filled in and the credit note contains the name 'Refund Credit Note'.
- The value of the RCN cannot be more than the (down) payment made on the trip cancelled due to the Coronavirus and which trip was originally covered by SGR's guarantee.
- The RCN must contain an explicit period of validity of a maximum of one (1) year after the date of issue.
- The RCN must state that the SGR guarantee scheme applies.
- This decision must be communicated on the SGR website with a clear statement of the specific nature, temporality and enforcement of Article 3, paragraph 10 under g of the guarantee scheme for other coupons and traveller's checks.
- This decision is temporary and will lapse on 1 June 2020 with regard to the issuance of a RCN with a guarantee from SGR, without prejudice to the possibility for the board to extend this period after approval by the Supervisory Board.
This decision was approved by the GSC Supervisory Board and is dated March 16, 2020.
Practical note:
- Only participants (organisers) of SGR are allowed to issue a RCN with a guarantee from SGR. Therefore, if the participation in SGR has ended/ended after a travel agreement with SGR guarantee with a consumer has been concluded and the travel agreement has now been terminated due to cancellation, an ex-participant can no longer issue a RCN with a guarantee.
- It should be made clear that consumers (travellers) are covered in the event of an organiser's financial incapacity if the consumer in question exchanges a RCN.
- Claims arising from a cancelled trip other than a RCN are not covered by SGR's guarantee scheme. After all, the guarantee scheme has lapsed because the original travel agreement has been cancelled due to cancellation.
- If a consumer (traveller) claims the guarantee of a RCN in the event of financial incapacity by the organiser affiliated with SGR, the original (cancelled) travel agreement and proof of payment must also be submitted, in accordance with SGR's guarantee scheme.
- Participants (organisers) are free to issue a RCN in its own 'look and feel'. However, a RCN must at least contain the following information:
- - the value of the RCN (maximum the paid travel sum);
- - name of the main booker of the cancelled trip;
- - an issue date;
- - an end date that is no more than 1 year after the date of issue;
- - the term: 'Refund Credit Note'
- - that the guarantee scheme of SGR applies in accordance with the board decision of 16 March 2020.
