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

5 In light of the high health risk, following the declaration of theWorld Health Organisation, which on 30 January 2020 defined the COVID-19 epidemic as a public health emergency of international significance, and following the Council Resolution of the Ministers of 31 January2020, with which the state of emergency on the national territory had been declared for six months, the Italian Government intervened several times to contain the spread of the epidemic. The first intervention was Decree-Law No. 6, of 23 February the 23, “Urgent measures for the containment and management of the epidemiological emergency from COVID-19” (modified by Law No. 13, of 5 March 2020), which implemented the first restrictions for those places where the presence of at least one coronavirus patient was detected, without knowing the source of transmission or otherwise it was not a person from an area already affected by the infection. Decree-Law No. 6 was followed by several Decrees from the President of the Council of Ministers (23 February 2020, 1 March 2020, 8 March 2020, 9 March 2020, 11 March 2020, 22 March 2020, 1 April 2020, 10 April 2020, and 26 April 2020) that implemented provisions to it. Through these, the areas subject to restrictions have been extended, as well as the various types of activities subject to suspension (travel, education, commercial activities, production activities, professional activities, and so forth). To deal with the difficulties related to the restrictions introduced, the Government intervened with Decree-Law No. 9, of 2 March 2020, “Urgent Support Measures for Families, Workers and Businesses Connected to the Epidemiological Emergency from COVID-19”, precisely to support families and businesses from the economic consequences generated by the restrictions. Of this Decree, Article 28 is of particular interest because it deals with the "Reimbursement of travel contracts and tourist packages", also preparing the remedies for transport contracts, travel contracts and educational trips are prepared. This Article has recently been amended by Article 88 bis of the Conversion into Law No. 27/2020 of Decree-Law No. 18, of 17 March, “Strengthening measures of the National Health Service and economic support for families, workers and companies connected to the epidemiological emergency from COVID-19”, more commonly called “Cura Italia”. Subsequently, given the perpetuation of the need for restrictive measures, accepted and also activated by other Member States, as well as by almost all countries affected by the virus, and taking into account the declaration of the World Health Organisation on 11 March 2020, which declared the "pandemic", Decree-Law No. 18 “Cura Italia” was issued , with which tools have been introduced to support families and businesses affected as well as in health and financially. Of particular interest is