INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW Besides a new provision on vouchers, the Proposal contains a slightly modified version of the provision on refunds (Article 12(4) of the proposed Directive) explicitly requiring from travel organisers to make restitution after termination regardless of whether the traveller specifically asks for a refund. This provision particularly aims at protecting vulnerable consumers who are not aware of their statutory rights. In addition, in order to avoid illegal state aid, the Commission proposed a new paragraph imposing a notification duty on Members States that introduce or maintain mechanisms for the realisation of refunds (see Article 12(4) of the proposed Directive). This provision is tailored mainly to emergency situations such as the COVID-19 pandemic and it does not seem likely to be used very often in practice. Vouchers To stay solvent during the COVID-19 crisis, many package travel organisers offered travellers vouchers instead of refunds and several Member States even introduced emergency laws enacting such practices. In March 2020, the Commission issued an informal guidance48 on the application of the Package Travel Directive, where it explained that the package travel organiser can offer the customer a voucher but the latter has the right to refuse it and opt for a cash refund instead. In May 2020, the Commission reiterated this position49 while suggesting how to make vouchers more attractive (e.g. protection against insolvency, validity of at least 12 months, higher value). From the beginning of the COVID-19 pandemic until now, the CJEU has already had the opportunity to rule on vouchers as a form of a refund. In cases C-407/21 and C-540/21, the Court was requested to interpret the concept of a ‘refund’ within the meaning of the Package Travel Directive. In case C-407/21, reference to the Court was made due to the French emergency law authorising travel organisers to fulfil their reimbursement duty as a consequence of any rescission of a package travel contract notified between 1 March and 15 September 2020 by offering the traveller a voucher (for an amount equal to the payments made for that package and valid for a period of 18 months). Similarly, case C-540/21 concerned the Slovak 48 Information on the Package travel directive in connection with the COVID-19 pandemic of 19 March 2020 and 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. 49 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.
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