IJTTHL1/2025

all consumers or whether the journey may be precluded only to certain persons, for example with mobility difficulties, or whether both elements may be considered. Instead, the Proposal suggests the insertion of a further paragraph, the third bis, defining the function to be assigned to the so - called “official notices”; thus, if they are issued by the authorities of the Country of departure or residence of the tourist or by those of the Country of destination and advise against travelling to certain destinations or if they warn tourists that they will be subject to serious restrictions in the place of destination or in that of departure or residence upon their return, these elements may be taken into account for the termination of the relationship and lead to a request for reimbursement, pursuant to Article 12(2) and (3)(b). Indeed, in such cases, the organiser may also find himself unable to perform the service. The Proposal confirms that repayments should be made within fourteen days of termination and would like States to introduce or maintain mechanisms to ensure repayments within fourteen days, after notifying the Commission and the central contact points of the other States, pursuant to Article 18(2)23. Furthermore, any State co - financing is subject to the Commission’s approval under the State Aid Guidelines. For the first time, with the provision of a new Article 12 bis, the Proposal attempts to regulate the issuance of so - called vouchers as an alternative solution to reimbursement. The traveller would have to be informed in writing that there is no obligation to accept this solution, but could request a refund within the fourteen - day time limit. The voucher should have a value corresponding to the amount paid, and the traveller could not opt for a refund if he had explicitly accepted the voucher in writing. However, before its use or expiry, the parties may agree on a refund. In this case, the organiser’s consent is required and, therefore, the choice is not left to the consumer’s discretion. The voucher is effective for twelve months from when it is accepted and can be extended once, for a further twelve months, by written agreement. On the basis of the Proposal, if the right arising from the voucher is not exercised within the prescribed time limit, the organiser is obliged to return the consideration received within fourteen days, without even the need for an application by the traveller. The right attached to the voucher may be transferred to another traveller at no additional cost. 23 According to Article 18(2) of Directive 2015 / 2302 / EU, “Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States. They shall notify the contact details of those contact points to all other Member States and the Commission”. 11 A PROPOSAL FOR A DIRECTIVE FOR MORE EFFECTIVE PROTECTION OF TOURISTS

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