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

12 have been even more protected due to the discipline recently reformed by the European Community 12 . Apparently – and theoretically –, the result becomes this: if one person purchased an accommodation service directly from the hotelier, he will be refunded or will receive a voucher within 30 days from his request. If, on the other hand, the same person purchased an accommodation service in an all-inclusive package, he will have to wait up to 60 days before the start of the trip to be reimbursed or to receive a voucher from the tour operator (evenmore serious scenario if we consider the 14 days the maximum reimbursement term for the traveller provided for by Directive 2015/2302). Given the reality, and the timing of the events, the situation is less serious, considering that, to date, many of the packages foresee a departure before 60 days. 3.3. The new paragraph 11 of Art. 88 bis Paragraph 11 establishes that, apart from the cases provided for in paragraphs 1 through 7, for all relations concerning the contracts referred to in this article and established with effect from 11 March 2020 to 30 September 2020 in the entire national territory, as well as for the services in favour of contractors from abroad when the services are not rendered due to the effects deriving from the epidemiological state of emergency from COVID-19, the already received counter-performance can be returned by a voucher of the same amount valid for one year from emission. The provision seems to refer to all those cases, currently not included in the application of the law, as they are not yet temporarily affected by the restrictive measures, whether they concern the incoming, or that concern the national territory or the outgoing. If the performance of these trips is also made impossible by the coronavirus pandemic, the counter-payment received can be returned through a voucher of the same amount valid for one year from the issue. 3.4. The conflict with European discipline Another important matter concerns the coordination of the Italian emergency measure and, in the particular case of all-inclusive travel, Directive 2105/2302, as far as consumer protection is concerned. Article 12 of the Directive grants the right to terminate the travel contract both to the 12 Directive (EU) 2015/2302 of the Parliament and of the Council of 25 November 2015. Article 28 did not provide for this, it allowed the tour operator to claim exclusively against carriers and did not bind the refund or issue of the voucher by the tour operator to the previous refund or voucher issued by the carrier.