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

The fact that such restrictions may make transport to the destination impossible does n0t have a direct impact on the provision of accommodation services and the connected risk seems to be attributable to the organiser rather than to the hotel operator. As far as travel warnings are concerned their non-binding character has to be taken into regard as an additional element that is more to the detriment of the organiser than the hotel operator. Travel restrictions imposed on residents of a certain area do not themselves make any passenger transportation impossible. However, if certain persons are banned from entering an area the carrier is usually not allowed to carry these persons to the said area. In this regard there could therefore be an overlap of the restriction imposed on a potential traveller and restrictions imposed on the carrier. If so, the fact that the carrier is prevented from providing transportation services to a certain group of persons concerned in my view justifies a termination of contract by the organiser. If the travel ban imposed on potential travellers does not correspond with any restriction binding the carrier it seems that the risk is more likely to be attributed to the organiser. Again, there may be a difference between scheduled flights and charter flights with the latter being more likely to offer the organiser a chance to invoke frustration of purpose. 5.3. Carriage of tourists affected by a flight ban or (expected) flight restrictions As far as the hotel reservation contract is concerned, the fact that certain countries of origin do not allow flights to or from the country or area where the hotel is situated does not itself affect the provision of accommodation services and thus is unlikely to provide a basis for the application of the frustration of purpose doctrine. If, however, the state or region where the hotel is situated bans flights to that state or region the doctrine might be applicable unless other means of transport can be used as a reasonable alternative. On the other hand it is quite clear that flight bans have a direct impact on the contract of carriage. If the service contracted for cannot be provided the organiser is entitled to withdraw from the contract and claim back any payments. The same applies if the outward flight is still possible but, before the time of departure, the return flight becomes subject to a ban or such ban at least is to be expected with a