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

Travel agencies warned from the outset of the need for "vouchers" granted by the airline to be endorsed and processable by travel agencies. They indicated that it was absolutely necessary for the bonds to be endorsable and not nominative. We therefore understand that it is a measure that can help to decongest claims against travel agencies. Keep in mind that, until now, if the air transport ticket was part of a package travel, it was not possible to claim directly from the airline. This implied an increase in demands on travel agencies. However, the recent interpretation made by the Court of Justice of the European Union will benefit travel agencies. On March 26, the Court of Justice of the European Union issued a very interesting sentence for the moment of health crisis that we are experiencing. This is the judgment of March 26, 2020, C-215/18, Libuše Králová case against Primera Air Scandinavia A / S , which confirms that the passenger who books a flight that is part of a package travel and books it on a travel agency, can sue the carrier, with whom he has not signed a contract, for delay. Thus, the Court of Justice (First Chamber) declares that Regulation (EC) No 261/2004 of the European Parliament and of 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, and repealing Regulation (EEC) No 295/91, must be interpreted as meaning that a passenger on a flight which has been delayed for three hours or more may bring an action for compensation under Articles 6 and 7 of that regulation against the operating air carrier, even if that passenger and that air carrier have not entered into a contract between them and the flight in question forms part of a package tour covered by Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. This interpretation could be extended to the one applicable to the case of flight cancellations due to COVID 19, in such a way that the traveler would have the possibility of claiming directly from the airline and not from the travel agency. This, logically, can help relieve the pressure that travel agencies are currently experiencing.