The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

13 traveller and to the tour operator, if there is the occurrence of unavoidable and extraordinary circumstances before departure. In both cases, the operator is obliged to return what was received to the traveller, without undue delay and within 14 days from termination. With the previous Article 28 and even more so with Article 88 bis of Law No. 27 2020, which is an overriding mandatory provision 13 , the consequences in the consumer’s sphere have been substantially modified against him. He is no longer guaranteed a refund of the amount paid in favour of a voucher – a title corresponding to the value of the refund which grants him the right to enjoy a holiday of his choice, in the short future of one year –, and the terms have been changed to his detriment. In fact, as established by paragraphs 6 and 7 of Article 88 bis , the traveller will receive the voucher only after the individual service providers have issued a voucher (or refund), in favour of the tour operator. Even if the service providers do not do it, the tour operator will still have to issue his voucher no later than 60 days from the scheduled departure date. It is clear that the aforementioned provision poses a coordination problem with European Legislation. Law No. 27/2020, Article 88 bis , paragraph 13 mentions Article 9 paragraph 1 of Regulation No. 593/2008 (Rome I), which is the law that governs contractual conflicts. That article says as follows: “ 1. Overriding mandatory provisions are provisions the respect for which is regarded as crucial by a country for safeguarding its public interests, such as its political, social or economic organisation, to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation. 2. Nothing in this Regulation shall restrict the application of the overriding mandatory provisions of the law of the forum. 3. Effect may be given to the overriding mandatory provisions of the law of the country where the obligations arising out of the contract have to be or have been performed, in so far as those overriding mandatory provisions render the performance of the contract unlawful. In considering whether to give 13 Expressly, Article 88 bis , paragraph 13 provides that "the provisions of this article constitute overriding mandatory provisions pursuant to Article 17 of Law No. 218 of 31 May 1995 and Article 9 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008. Overriding mandatory provisions are intended as rules which, in consideration of their object and purpose, must be applied despite the reference to foreign law”. As regards the overriding mandatory provisions, see: C. Focarelli, Lectures on private international law (Lezioni di diritto internazionale privato), Perugia, 2006, p. 71 and following; T. Treves, Imperative and overriding mandatory provisions of application in the Rome Convention of 19 June 1980 (Norme imperative di applicazione necessaria nella Convenzione di Roma del 19 di Giugno 1980), RDIPP. P. 25; V. Villani, Community action on private international law (L’azione comunitaria in materia di diritto internazionale private), in Riv. dir. Eur., 1981, p. 406.