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

16 by sea and inland waterways); and to Regulation (EU) no. 181/2011, of 16 February (rights of bus and coach passengers). Two months later (DOUE of 14 May), the Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic was published, advising the protection of bonds against the insolvency of the transporter and organiser so that they are better accepted among passengers and serve to alleviate the liquidity problems of these operators. Lastly, it should be noted that in the judgment of 26 March 2020, of the Court of Justice in case C-215/18 Libuse Kralova/Primera Air Scandinavia, compensation is allowed directly from the air carrier of the place of departure of the flight, even when the passenger and the air carrier have not concluded a contract, interpreting Regulation 261/2004, previously commented. 4. Health Guarantee Protocols and Certifications to Generate Security and Trust If all experts agree on something, it is that the COVID-19 crisis will mark a before and after for tourism. Companies and tourist destinations are forced to generate security and consumer confidence; the establishment of norms and protocols in this regard is essential. The UNWTO in the document “Priorities for tourism recovery”, dated 28 May 2020, includes a package of measures to recover trust through security, namely: 1) establish safety and hygiene protocols; 2) provide clear information to travellers about security measures in destinations and companies; 3) offer health guarantees regarding travel, in case of illness; and 4) disclose all these health security and risk prevention measures. From now on, it will be necessary for all tourist establishments to show in a visible place – and in all communications with customers – all the seals and certificates that certify that they have complied with the cleaning and disinfection protocols. Spain has proposed to the G20 to work together – globally – on homogeneous measures to create safe destinations and the Spanish Confederation of Hotels and Tourist Accommodations (CEHAT) calls for a European agency to validate the post-COVID-19 protocols. In community settings, the so-called “health passport” is one of the alternatives being considered to open-air traffic. In Communication 2020/C 169/01 of the Commission “EU Guidance for the progressive resumption of tourist services and for health protocols in hospitality establishments – COVID-