On February 10, 2021, the Government published a new ordinance (Ordinance No. 2021-137), modifying Ordinance No. 2020-1599 of December 16, 2020 by extending the financial conditions for terminating certain contracts in the sports sector.
Allow the resolution of contracts whose execution has become impossible
Ordinance No. 2020-1599 of December 16, 2020 provided that legal persons governed by private law exercising the activities of organizers or owners of the exploitation rights of sporting events or operating establishments in which physical and sporting activities are carried out, subject to a restriction or prohibition on '' reception of the public following the measures taken to combat the Covid19 epidemic, could, until February 16, 2021 inclusive, notify their customers of the termination of certain contracts whose performance has become impossible.
- contracts for the sale of access tickets to one or more sporting events and their possible associated services;
- contracts for access to establishments in which physical and sporting activities are practiced and their possible associated services;
- subscription sales contracts giving access to sporting events.
The possibility of offering a credit note
Article of Ordinance No. 2020-1599 of December 16, 2020 provides that by way of derogation from Article 1229 of the Civil Code, when a contract is the subject of such a resolution, the legal persons mentioned may, directly or by through distributors authorized by them, offer instead of reimbursement of any sum paid and corresponding in whole or in part to the amount of tickets or contracts for access to services, a credit note that the customer can use under certain conditions.
Le amount of credit will be equal to that of all payments made for services not performed under the terminated contract. When this credit note is offered, the customer will not be able to request reimbursement of these payments.
And offer a new service allowing this credit to be used
The legal entities mentioned must also, directly or through distributors authorized by them, offer a new service allowing the use of this credit, which will not give rise to no price increase other than those resulting from the purchase of associated services. This proposal should be formulated at the latest within three months of notification of the resolution. When the mentioned legal persons offer the customer who requests it a service whose price is different from that of the service provided for by the terminated contract, the price to be paid for this new service must take into account the credit note.
In the absence of the conclusion of the contract relating to the new service, the legal persons mentioned must refund or have all the payments made for services not performed under the terminated contract.
