The judicial recovery of hotel bills
For palaces and prestigious hotels (4 and 5 stars) French, judicial recovery notes outstanding is sometimes – rarely – the reverse of the medal luxurious . Certain actions, iconic, yet grabbed headlines and even lead to amazing procedures.
Since several years, Mr. DC Bracka has made these routes a dominant performance of his cabinet.
As he points out : “Continued unpaid as the case – is a strategic and often painful for the big hotels that take particular account of the fame and fortune of their customers choice”
This dilemma led recovery specialist to encourage principals more cautious through a protocol capable of preventing and / or optimize judicial remedies : “The record home, completed at the arrival of the guest in the hotel, is the cornerstone of prevention. it should ideally be accompanied by a photocopy of your passport and visa and an imprint of the credit card. for business, it is also imperative charge the customer each week at the latest within 10 days to make any appeal possible. Thereafter, legal action becomes more difficult.”
Precautionary measures
Despite these precautions, the hotels are sometimes faced with higher tens of thousands of dollars unpaid . As stated Mr. Denis Clement Bracka , “Ideally, the institution must take place before the start of the dishonest customer, especially when it is abroad. Articles 67 to 76 of the Act of 9 July 1991 and Articles 210 to 269 of the Decree of 31 July 1992 allow the seizure , making them unavailable for all movable property, tangible or intangible, belonging to the debtor. This action may, for example, concern the contents of the safe in the room or at the reception, some personal – jewelry, clothing, luggage, bank accounts and even vehicles or effects. The mission is entrusted to a bailiff, possibly accompanied by the police. Subsequently, if it fails to repay its debt, the hotel may, under section 76 of the Act of 9 July 1991 on a forced sale of the debtor’s assets if he has obtained a judgment condemnation. Incidentally, these lawsuits, delicate, complex, also have a major fiscal interest, particularly concerning the reimbursement of VAT under Article 272 of the Tax Code”.
Shares in criminal and civil
In terms of actions , the law book to the creditor an arsenal, both civil and criminal ” on the civilian side , the texts allow us a summons in chambers for quick – and – provisional measures , injunctions pay or assignment at the bottom. Again , the hotel must take a series of precautions to ensure that the judge considers that there is sufficient evidence of the debtor’s debt : Signature of host files, coordinates compliance, signed purchase orders or receipts, notes, restaurant, room service, laundry, car rental … but also sending a letter of formal notice.
Under criminal law , when the conditions are met, Article 313-5 of the Criminal Code allows especially through the crime of swindling a complaint at the police – neighborhood with the prosecutor or the Dean of judges with civil – party constitution or a direct quote from the customer before the criminal court. Note that in the matter, the limitation period for public action is three years .”
After these actions, sometimes the dishonest customer gets a prison sentence of several months, which makes the swindle a crime that has nothing to Benin .
Remedies abroad
Things become more complex with the departure of the client manages to reach his home country at the end of his stay in France . For Mr. Denis Clement Bracka , the procedure is complicated , of course, but in fact continues : “When the debtor has returned home and abroad, the continued action by judicial channels (if exequatur) and diplomatic . The Ministry of Foreign Affairs involves the embassies or consulates of France. The latter are responsible for transmitting the documents to the addressee dishonest . Other French organizations working abroad, UBIFRANCE for example, can also intervene and get the debt recovery, usually after amicable negotiations.”
Interview by Jean- Paul VIART, originally appeared in the Parisian Posters, April 2013