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

reflections on the dialogue and possible conflicts between these new rules and the legal context produced before the COVID-19 crisis will be presented. 2. Reflections on Other Brazilian Regulations Having as a reference all transformations produced by the four movements indicated above, it is necessary analyse the confluence and conflict of these new rules, among them and between new rules and the legislations before COVID-19. This analysis is essential to understand if the new rules are in favour or in conflict with the one established before the COVID-19 crisis. The first aspect is that SENACON’s Technical Note mentions that no one tourist destination is considered at risk of contamination as regards other risks in Brazil 18 . Based on this, it is declared that the situation can not be classified as fortuity or force majeure at the time of the publishing. It is clear that, currently, the situation is vastly different because all regions of Brazil are in quarantine and making social distancing to avoid a higher number of diseased and deceased people. The most reapproval of this SENACON affirmation is that it is produced even with a federal state of calamity already recognised. There are also aspects, in which the new regulations seem to disagree on, for instance, the existence the possibility of charging fees in the refund. Both Provisional Measures establish that the refund will be made without fees 19 , however SENACON’s Technical Note indicates the possibility of fees in case of refund 20 . Moreover, there is a conflict regarding the need for a justification in order to have a flight refund or reschedule: according to the Technical Note, there must be a justified reason in times of COVID-19 21 , an requirement not mandatory in the Provisional Measures. The necessity to demonstrate proof to be refunded or to reschedule the flight is another aspect of non-dialogue among the rules. Once again, the Technical Note requires evidence 22 , while the two Provisional Measures as well as the Consumer Protection Code 23 , the Travel Agencies Act 24 18 Point 4.3. 19 Art. 3, § 1, Provisional Measure No. 925/2020 and art. 2, § 1, Provisional Measure No. 948/2020. 20 Point 3.6.5. 21 Point 3.6.6. 22 Point 3.8.6. 23 Act No. 8078/90. 24 Act. No. 11.771/2008.