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

e) by subjects who have scheduled participation in public competitions or public selection procedures, events or initiatives of any nature, events and all forms of meetings in public or private places, including those of a cultural, recreational, sporting and religious nature, even if carried out in indoor venues open to the public, cancelled, suspended or postponed by the competent authorities in the implementation of the measures adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned provisions; and f) by the holders of travel documents or purchasers of package travel, purchased in Italy, whose destination is foreign countries, where landing or arrival is prevented or prohibited due to the COVID-19 epidemiological emergency. Conversely, under Article 41 of the Italian Tourism Code, the traveller may exercise the right to withdraw from package travel contracts to be performed during hospitalisation, quarantine with active surveillance, fiduciary homestay with active surveillance for the duration of the epidemiological emergency from COVID-19, in the areas affected by the infection, as identified by the Decrees adopted by Government, or in States where landing, docking or arrival is prevented or prohibited due to the epidemiological emergency situation from COVID-19. In particular, within thirty days, the travellers shall notify the organiser of the occurrence of one of the reported situations by attaching the documentation proving the travel document or the tourist package contract and, if requested, the documentation certifying the scheduled participation in events or initiatives. In such cases, the organiser, as an alternative to the cash refund provided for in Article 41, par. 4 and 6, of the Italian Tourism Code, may: a) offer the traveller a substitute package of either an equivalent value, a higher quality or a lower quality with a refund of the price difference: b) proceed with the refund; or c) issue a voucher, also through the retailer, to be used within a year of its issue, for an amount equal to the refund due. Notwithstanding Article 41, par. 6, of the Italian Tourism Code, on the one hand, the refund is paid and the voucher is issued as soon as the refunds or vouchers have been received from the individual service providers and in any case no later than sixty days from the expected date of commencement of the trip. On the other hand, under to Article 41, par. 5, lett. b), of the Italian Tourism Code, the organiser can exercise the right of withdrawal from the package travel contracts, having as