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

§ 2.º The credit referred to in item II of the caput may be used by the consumer within twelve months, counting from the closing date of the state of public calamity recognized by Legislative Decree n.º 6, of 2020. § 3.º In the event of item I of the caput, the following will be respected: I - the seasonality and the values of the services originally contracted; and II - the period of twelve months, counted from the closing date of the state of public calamity recognized by Legislative Decree n.º 6, 2020. § 4.º In the event of an impossibility of adjustment, under the terms of items I to III of the caput, the service provider or the business company shall refund the amount received to the consumer, monetarily updated by the National Extended Consumer Price Index/IPCA-E , within twelve months, counting from the closing date of the state of public calamity recognized by Legislative Decree No. 6, 2020”. It should be noted that, therefore, the consumer must signal to service providers their willingness and option, up to 90 days from the beginning of the rule (8 April 2020), in addition to saying that the consumer credit can be used in the twelve months, which will be counted from the end of the state of public calamity in Brazil (31 December 2020). Moreover, concerning rescheduling, the rule emphasises that seasonality and values originally contracted must be respected for the new dates, that is, the new choice of the consumer must consider the amount that he has in value, as a right, as well as, the season for the new date, therefore, being subject to differences and adjustments, according to new choices. It should also include the same twelve-month deadline for new dates for services (31 December 2020). Finally, if the consumer does not get an option to reschedule, adjust credit or even an agreement with the suppliers, the latter will then proceed to refund the amounts to the consumer, monetarily restated, and within the same period of twelve months, counted from the end of the state of public calamity (31 December 2020). The norms might not be perfect, currently generating political variables and conduct by suppliers, as well as immediate demands for refunds from consumers, but