International Journal of Tourism, Travel and Hospitality Law 2023

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW the spring and summer of 2020, were cancelled due to Covid 19. This meant that the travelers were not entitled to compensation from the travel guarantee. It did not matter if the company was declared bankrupt after the trip was canceled or if a company initiated reconstruction after this point, as it did not affect the reason for the canceled trip. During the summer of 2020, Kammarkollegiet conducted an investigation on behalf of the government to analyze whether vouchers could be considered covered by the travel guarantee scheme and, if so, under what conditions. The authority stated in its report dated 2020-08-31 that vouchers and other credits were not covered by the travel guarantee. Only to the extent that a package was canceled, and the traveler booked a new trip or if a traveler after receiving a voucher used this to book a new package, travelers were entitled to compensation if the organizer went bankrupt and the package was canceled. 4. CONCLUSIONS There are still many disputes between travel companies and travelers due to Covid19, that yet have not been settled. The interpretation of the provisions of the PTA will thus be further clarified through national cases and by the ECJ. Based on the case law so far one can assess that the liabilities of the organiser is very far-reaching and that there is no possibility in the PTA for ARN or the courts to make a milder assessment due to the fact that this is an extreme situation completely outside of the control of the organiser. The organiser is subject to responsibilities in different situations, often regardless of whether the situation could have been foreseen or prevented by the organiser or not. The outbreak of Covid19 caused governments all over the world to introduce different measures, including travel restrictions, closed borders and quarantine. The pandemic has caused almost a standstill of travel, and has thus had a serious impact on package travel organisers. In particular the obligation to refund the total price paid for a package cancelled due to UEC has led to liquidity problems for organisers. Many travel companies have been forced to cease its operations or even file for bankruptcy or initiate reconstruction proceedings during the past year and a half. There are no legislations in place that obligates the providers of travel services, such as airlines, cruise companies or hotels, to refund payments in case the traveler cancel a trip due to UEC. This means that organisers often have an obligation to refund to the traveler, without getting any refunds or only receives vouchers from the service providers.

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