THE PACKAGE TRAVEL ACT AND THE COVID19 PANDEMIC 1.2.2 Extraordinary circumstance On March 5, 2020, the European Commission published a document on the guidance of the interpretation of PTD in connection with Covid-198. In the guidelines the European Commission states that”[s]ignificant risks to human health, such as the outbreak of a serious disease like the COVID-19 at the travel destination or its immediate vicinity usually qualify as such unavoidable and extraordinary circumstances.” However, it must be born in mind that such guidelines from the European Commission regarding the interpretation of EU legislation is not legally binding. It merely reflects the views of the Commission’s Directorate-General for Justice and Consumers. On February 11, 2020, the Swedish foreign department issued an advice against all travels to the Hubei province in China and an advice against non- -essential travel to the Zhejiang province in China. On March 6 an advice against non-essential travel to nine regions in Northern Italy was published. Four days later the advice against travel to parts of Italy was extended to all of Italy. Finally, on March 14, an advice against non-essential travel during the period until April 15, to all countries was adopted. The latter travel advice has been extended at several times since then. With regard to the question of whether the pandemic constituted an extraordinary circumstance, ARN states, i.a. in the light of the Commission’s statement and information from WHO and from the Swedish Public Health Agency, that the pandemic must be regarded as an extraordinary circumstance within the meaning of the Package Travel Act. 1.2.3 Unavoidable circumstance In order for a traveler to have the right to cancel a package without cancellation fee, the traveler shall prove that the situation is not only extraordinary, but also unavoidable. Since a worldwide pandemic lies outside of the control of both the traveler and the organizer, ARN established that the pandemic as a rule should be considered unavoidable within the meaning of the PTA. In doing so, the board notes that for bookings made before the pandemic was known, the pandemic has in most cases been unavoidable. There has been nothing that a traveler could do to avoid the effects of the pandemic. However, ARN thereafter notes that each case must be evaluated according to the specifics of that case. 8 Information on the Package Travel Directive in connection with the Covid-19. The document was first published on March 5, 2020. A revised version was published on March 19, 2020.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==