Collective Commentary about the New Package Travel Directive

GERMANY | ERNST FÜHRICH 837 c) Indications of this probability of unavoidable and extraordinary circumstances affecting the performance of the package take place through the worldwide travel warning of the German Ministry of Foreign Affairs from 18 March to 14 June and from 15 June to 30 August 2020, except for EU member states, Schengen and UK 45 . Another indication are travel advices for special destinations from the German Ministry of Foreign Affairs and from the governmental bodies other EU member states. These give recommendations on the security and infection situation, existing official measures at home and abroad such as entry and exit bans, curfew, quarantine, warnings by the WHO, in the media and by the German Robert-Koch-Institute (RKI) regarding people at risk. There is no deadline for withdrawal, but a safe prognosis seems possible four weeks before the start of the package 46 . d) Prior to withdrawal, the traveller can prevent the due date of the advance payment of the remaining price by means of a plea of insecurity according to § 321 BGB due to an imminent lack of performance by the organiser. In any case, the claim for the tour price lapses with the withdrawal. e) The full refund of any payment shall be made to the traveller without undue delay and in any event not later than 14 days after termination. The full refund of all payments is protected by the German insolvency system of organisers (§ 651r BGB, Art. 17 PTD). 3. Vouchers as an alternative to reimbursement Many EU Member states such as Italy, Belgium, Poland, France, Greece, Malta and Spain have temporarily allowed a compulsory voucher instead of a cash refund, in order to prevent a wave of early insolvencies, in violation of Article 12 (2) of the fully harmonising PTD. The German legislator also felt compelled to undertake such a “rescue operation” to secure the liquidity of the organisers under pressure from the DRV, although the author has given legal political support to a voluntary and insolvency-proof voucher scheme. The voucher scheme for German leisure events under Art. 240 § 5 EGBGB of 20 May 2020 should not be confused with 45 See https://reiserechtfuehrich.com/2020/06/26/coronavirus-reisewarnung-fuer-staaten-ausserhalb-der-eu- -schengen-gebiet. 46 See https://reiserechtfuehrich.com/2020/06/08/corona-pandemie-der-reisende-darf-von-seiner-pauschalreise- kostenfrei-30-tage-vor-reisebeginn-zuruecktreten.