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

the creation of a kind of “voucher bank” or the establishment of a clearinghouse (eventually managed by an international organisation), or the recognition of cash points to be redeemed, for example. Finally, the use of the voucher gave rise to some commercial problems, in particular, many travel agents who have reimbursed their customers are still waiting for the return by the air carriers of the sums paid. According to IATA estimates – which insists on the need to accept vouchers – the costs of refunds in the second quarter of the year would amount to over 35 billion US dollars. 4. Package Travel Contracts after Law No. 27/2020 The measures adopted according to Law-Decrees No. 9 and 18/2020 have recently taken a definitive structure with the conversion into law of the aforementioned provisions. According to the new Italian regulation, Article 88 bis of Law No. 27 of 24 April 2020, containing economic support measures for families, workers and companies connected to the epidemiological emergency from COVID-19, refers expressly to the reimbursement of transport tickets, lodging contracts and tourist packages. First, the law provision declares that, pursuant to and for the purposes of Article 1463 of the Italian Civil Code, the supervening impossibility of performance occurs in relation to transport (air, rail, maritime, bus), hospitality and package travel contracts, stipulated: a) by the subjects against whom the quarantine with active surveillance has been ordered or the fiduciary homestay with active surveillance by the competent health authority, in implementation of the measures adopted by the Government, concerning contracts to be performed in the same quarantine period or homestay; b) by residents, domiciled or recipients of a ban prohibition of removal to the areas affected by the infection, as identified by the Decrees adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned Decrees; c) by the subjects tested positive for COVID-19, for which the quarantine with active surveillance or the fiduciary homestay with active surveillance by the competent health authority or hospitalisation at the health structures are available, concerning the contracts to be performed in the same period of stay, quarantine or hospitalisation; d) by subjects who have planned stays or trips with departure or arrival in the areas affected by the infection, as identified by the Decrees adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned Decrees;