International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW A lot of countries closed its borders for all travelers or travelers from certain countries. A group of travelers had booked a package trip from Copenhagen to Miami. The day after arriving in Miami, the United States closed its borders. The return journey was canceled by the airline five days after arrival. Due to this, the travelers canceled the rest of the trip and booked return flights themselves when they got the information regarding the cancelled flight. The organizer, who did not know that the travelers had booked return flights by themselves, rebooked the cancelled flight. The traveler demanded a price reduction corresponding to the nine days that they did not receive at the destination. The travelers claimed that they should have used the nine days to move around and explore the destination. Since they could not explore the destination due to the restrictions in place, they claimed that the purpose of the trip was not fulfilled, and that the organiser therefore could not perform the package in accordance with the contract. According to ARN, the travelers had not proven that the organizer could not complete the trip and the claim was rejected. In doing so, ARN stated, among other things, that the trip did not include any arrangements at the destination. In another case, a traveler had bought a package that included a flight to Singapore and a 14-day cruise in Asia, with visits to China and Japan. Upon arrival in Singapore, travelers were informed that the route had changed due to the pandemic and that the last part of the cruise, which would include Hong Kong and Japan, would be replaced by the Philippines and Singapore. The travelers cancelled the cruise and claimed that the visits to Hong Kong and Japan were the whole purpose of the package. ARN stated that ten of the fourteen days of the cruise would be carried out in accordance with the package travel contract and that the organizer had offered equivalent arrangements instead of the destinations that could not be visited. The traveler’s claim for a refund of the total price paid for the package was therefore rejected. In yet another case, a traveler had booked a package that included a longer trip in Central America which, among other things, included a bus trip between Mexico and Costa Rica. The package started before the advice against non-essential travel on March 14. On March 15, it was announced that the borders between Mexico and Costa Rica would be closed. The travelers canceled the trip and arranged a flight home. The travelers demanded a price reduction corresponding to the price of the bus trip. ARN considered that since the passengers would not be granted entry due to the closed border, they could not participate in the bus travel. According to ARN the organizer therefore was unable to perform that part of the package and the traveler was granted the demanded price reduction.

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