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

15 by Royal Decree-Law 23/2018, of 21 December, on the transposition of the directives on trademarks, rail transport, package tours and related travel services, which in its second section provides that “ when unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity that significantly affects the execution of the combined trip or the transport of passengers to the destination, the traveller will have the right to terminate the contract before the start of the contract without paying any penalty. In this case, the traveller will be entitled to a full refund of any payment made, but not to additional compensation ”. Some measures mentioned in Article 36, on the one hand, worsen consumer treatment in favour of organisers and retailers, since the former, in some cases, will be entitled to a partial refund and, in the case of package tours, will be obliged to accept the voucher. Some problems arise; for example, how does the consumer know who has reimbursed? On the other hand, is it fair that, at this moment, the organiser or retailer must assume costs that have not been returned, for example, air carriers? These Government measures can only be understood in the current context of great concern about the viability of the organisers and retailers, but by violating Directive (EU) 2015/2302. On 23 April, the European Commissioner for Justice, Didier Reynders, spoke out against this measure, warning that it is a violation of the Package Travel Directive and that, in the best of cases, it may be suggested to consumers to accept bonds, but they may not be forced to do so. The Corporate Association of Specialised Travel Agencies (ACAVE) warns that the bonds would not be necessary if the providers – especially the airlines – complied. The consumer has the certainty that the agencies’ bond is guaranteed by the deposit, while the reimbursement of the airlines is not. In cases where the consumer contracted a separate service, such as an accommodation or flight reservation, the decision to accept or not the voucher rests with the consumer and, if he rejects it, the retailer is required to make a reimbursement. Motivated by pressure from travel and transportation associations, the European Commission has also acted on the matter and published an Interpretative Guideline (DOUE of 18 March) to clarify how certain provisions are to be applied. These affect Regulation (EC) no. 261/2004 of the European Parliament and the Council, of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights; to Regulation (EC) no. 1371/2007, of 23 October (rights of railway passengers); Regulation (EU) no. 1177/2010, of 24 November (rights of passengers travelling