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

12 scheme. If the credit note which was issued by the tour operator or travel agent is not used within eighteen (18) months, the tour operator or travel agent is obliged to refund the traveller's original payment in cash. IV. Conclusion The idea behind these provisions is purely economic. Vouchers work as an opportunity for the traveller to reschedule his trip or book a new trip at a future date with the same tourism enterprise. Following this practice, the tourism enterprise might be able to protect its current revenues and short-term cash flow as well as to secure jobs and re-establish its activity. However, from a legal perspective, the tour operators and travel agents’ refusal to provide refunds constitutes a breach of their legal obligations. The right of the traveller to a full refund of any payments made for the package within fourteen (14) days after the package travel contract is terminated is clear and non-negotiable. The alternative of a voucher is recognised neither by Article 12(2) PTD nor by Article 11(2) of the Presidential Decree No. 7/2018, which transposed the above-mentioned article of the PTD into Greek law. The Greek legislator has the obligation to effectively implement the PTD and cannot violate European Union law by not applying certain provisions of EU primary and secondary law temporarily. Therefore, the legislative measures adopted by many Member States, including Greece, may be seen as breaching EU secondary law. In conclusion, legal clarity and certainty are of the utmost importance in the current situation, which is a global health emergency causing an industry emergency. No one benefits from overwhelmed courts, confused and angry passengers and travellers and frustrated airlines, tour operators and travel agents. On the one hand, air passengers and travellers are a very vulnerable group of consumers and their rights should be respected. On the other hand, we are all aware of the huge financial strain put on the aviation and tourism industry due to the COVID-19 crisis. In order to support the consumers and the industry, the European Commission and the Member States should work together to find solutions that are balanced and fair for both. The best option could be a clear statement by the European Commission to safeguard the interests of industry and consumers instead of the Member States acting on their own – a common