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

and extraordinary circumstances, and the Government seems aware of the problem, since it established that the provisions referred constitute mandatory rules of law (see Article 88- bis , par. 13, Law No. 27/2020). Thus, they prevail over foreign laws and any different agreements, since the implementation of those rules was deemed crucial to protect national economy. There are, therefore, some serious doubts about the capacity of this discipline to resist in a possible lawsuit brought by travellers who require a full refund instead of the voucher or the alternative package offered by the organiser. The new legislative framework is supplemented by the provisions of Article 88- bis , par. 12, Law No. 27/2020, according to which the issue of the voucher fulfils the related refund obligations and does not require any form of acceptance by the recipient. The provision in question was introduced expressly to clarify, beyond any interpretative doubt, that the potestative right of choice is attributed to the organiser of the package travel and not to the traveller. This means that the law introduces a further derogation from the arrangement of relations between the parties established by Directive (EU) 2015/2302 and by the Italian Tourism Code norms of transposition. The contrast between the rules of the European Union and the new provisions of Article 88- bis Law No. 27/2020 is twofold. On the one hand, the recognition of the possibility of issuing a voucher instead of a cash refund in case of withdrawal of the traveller or cancellation of the package travel by the organiser. On the other hand, the attribution to the latter, rather than to the traveller, of the potestative right of choice between offering an alternative package, refunding cash or issuing a voucher. 5. The Commission Recommendation of 13 May 2020 on Travel Vouchers In the end, on 13 May 2020, the European Commission presented a Recommendation [Com. Comm. C(2020) 3125 final of 13.05.2020] on vouchers offered to passengers and travellers as an attractive alternative to reimbursement for cancelled package travel and transport services in the context of COVID-19. The Recommendation is part of the Commission package of guidelines and recommendation “Tourism and transport in 2020 and beyond” [Com. Comm. C(2020) 550 final of 13.05.2020], composed of three guidelines and a recommendation to help EU countries gradually lift travel restrictions, allow businesses to reopen and ensure that people in Europe can benefit from a safe and relaxing Summer after months of confinement while respecting necessary health precautions.