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

5 preferred one among the three alternatives mentioned. Therefore, for the most part, the operator opts for the third possibility, that is the recognition of a credit equal to the amount paid, a credit exercisable only with the purchase of another trip, within one year from the termination of the first contract, a concept called " voucher ". In Italian law, this expression is improper, but the lawmaker's will is clear, without prejudice to the fact that this is a simple personal right being discussed and no credit certificate incorporates it. We must ask ourselves whether the emergency situation can justify these provisions to protect the organiser, especially if we consider that, according to Art. 28, paragraph 8, of the Decree-Law No. 9 of 2020, there are rules whose implementation is necessary. Therefore, if the Italian law is applied, they must be implemented, even if foreign law is applicable (based on the principles of private international law) towards both foreign organisers who have sold packages to Italian tourists, and operators of our country who acted for foreign customers. There is a problem with the legitimacy of the Decree-Law No. 9 of 2020 with respect to the EU Directive 2015/2302, because the rules are in clear divergence from the European ones. The rules introduce a form of satisfaction of the consumer interest different from that contemplated in the EU system, which provides only for the immediate return of the consideration. It is premature to speculate or infer, because the Court of Justice’s position is unpredictable, given the emergency, and it could be influenced by the fact that other States have adopted similar measures to prevent the organisers from going bankrupt. If several countries resorted to these remedies, the circumstance should not go unnoticed, in the face of the very strong tensions in this market. In essence, the Italian legislator has tried to facilitate the organisers by reducing and postponing the financial consequences of the impossibility of travelling, with a significant prejudice for tourists forced to use their credit in a limited period and to confirm their relations with the same enterprise. Not surprisingly, in a recent interview, an administrator of one of the most important Italian travel companies did not complain about any particular concern about the fate of his organisation, only