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

2 1. Introduction Throughout the history of humanity, many crises have taken place, sometimes caused by nature (i.e. cyclones, earthquakes) and others, by man. Among these, epidemics have been especially significant – for example, SARS (2003) or Ebola (2014) – that have caused many deaths, especially in developing countries. The COVID-19 epidemic started in China and has spread throughout the planet, forcing the public powers to adopt effective measures to combat it as effectively as possible. All States provide in their legislation a series of legal instruments for these exceptional situations that can limit the fundamental rights of individuals. They are very invasive decisions that affect fundamental rights and basic freedoms: the right of assembly, freedom of movement, property rights, labour rights, among others. The World Tourism Organization (UNWTO) considers that tourism is one of the most affected by the pandemic and repercussions, both on supply and demand, pose an additional negative risk in the context of weak global economy, geopolitical and social tensions, as well as upset behaviour by the main source markets. Since the declaration of the State of Alarm, the Spanish Government has had to adopt various legal provisions that constitute a true “State of Emergency” (Álvarez, 2020). From that moment, different regulations have been approved with the aim of responding to the economic and social impact with an evident influence on tourism, both due to its impact on companies (accommodation, restaurants, travel agencies, transportation and so on) and the tourists themselves. The UNWTO, in its statement on the coronavirus outbreak, considers that “ the cooperation of the tourism sector will be vital to stop the spread of the virus and limit its incidence in people and communities. Tourists, for their part, also have a responsibility to inform themselves before they travel in order to limit the threat of transmission, and they should follow the recommendations of the WHO and their own national health authorities ”. Nevertheless, tourism is the exclusive responsibility of the autonomous communities (Article 148.1.18 of the Constitution), and they are obliged to defend this sector with all the means at their disposal. Thus, after the first provisions of the State, different regional regulations are taking place, either to develop state measures, for example, the provision of hotels and other accommodation in favour of the health authority, or to arbitrate lines of aid to the tourist sector, or to generate security and confidence in tourist companies and destinations.