THE PACKAGE TRAVEL ACT AND THE COVID19 PANDEMIC The traveler is entitled to a price reduction for nonconformities in the package, unless the nonconformity is attributable to the traveler. The traveler also has a right to terminate the contract if the nonconformity is significant and the organizer does not remedy. A traveler further has the right to compensation for damage unless the nonconformity was attributable to the traveler or is unconnected with the performance of the package. Nor is the traveler entitled to compensation if the nonconformity is attributable to UEC. The provisions implement Articles 13 and 14 of the PTD. In connection with the spread of the pandemic, national and local restrictions of various kinds were implemented. Several countries decided for example on entry ban or quarantine upon entry. As mentioned above, on March 14, the Swedish Ministry of Foreign Affairs issued a recommendation against travel to the whole world. However, at no time during the pandemic has the Ministry of Foreign Affairs decided to advise all Swedish citizens to return to Sweden. As a general rule, a recommendation from the Ministry of Foreign Affairs means that a traveler has the right to cancel a package trip before departure free of charge. Correspondingly, an organizer has the right to cancel a trip before departure if the Ministry of Foreign Affairs advises against it. For travelers who are already at the destination, however, there is no right to terminate the agreement due to the Foreign Ministry’s advice. 2.1 Packages cancelled by the organiser At the time of the advice against all travel by the Swedish Ministry of Foreign Affairs, many travelers were already on or on their way to the destination. In many of these cases, organizers decided to cancel the rest of the packages and bring the travelers home. According to the PTA, there is then a nonconformity in relation to the package travel contract, since the entire trip has not been provided. In most of these cases, travelers have been considered to be entitled to a price reduction for those parts of the trip that could not be provided. ARN initially laid down the principle that the right to price reduction for nonconformities is strict, and the cause of the nonconformity is of no relevance. Price reduction has normally been decided as a daily share of the total price of the trip. A traveler who bought a package of seven days, but was brought home after four days, has thus been awarded a price reduction corresponding to 3/7 of the total price pf the package for the three days not received. The industry has claimed that the price reduction should not be based on the entire price of the package. Instead, the price reduction should be based on the price paid for
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