The Package Travel Act and the Covid19 pandemic by Jonas Thyberg

In many member states the organisers issued vouchers to travelers instead of refunding money. This was often the only way for organisers to refund at all or to avoid bankruptcy. During this period, it was also a widespread practice among suppliers, especially airlines, to issue vouchers instead of refunds. Some member states adopted new or revised legislation giving organisers (and suppliers of travel services) the right to issue vouchers instead of refunds. The Commission published on May 13, a recommendation on vouchers. In this recommendation it is noted that an organizer may ofer the traveler a voucher, but the traveler should always have the right to a reimbursement in money if he or she does not accept a voucher. In Sweden the question on reimbursement through vouchers never was a big issue. The industry did not see vouchers as a solution, just a way to push the problem forward. Some of the larger organizers ofered the travelers vouchers, but in those cases that the travelers refused a voucher, they were ofered reimbursement in money instead, even if they were not able to refund within the prescribed time limit. Since this was not an issue in Sweden, there are not that many cases dealing with vouchers. In some cases, where the organizer only ofered vouchers, ARN has noted that this is not compatible with the PTA, and thus obligated the organizer to refund in money instead. In one of the few cases regarding cancellation of a package tried by a Swedish court, the court has concluded that a traveler who does not receive a refund within the 14 days stipulated by the PTA, is entitled to interest on the capital amount for the period from 14 days after the cancellation or notice of canceled package and until a refund is made . 9 3. Performance of the package According to the PTA the organiser is responsible towards the traveler for the proper performance of the package. This responsibility also applies to services to be performed by a party other than the organizer. If, after the start of the package a signifcant proportion of the package can not be performed, the organizer shall ofer suitable alternative arrangements at no extra cost. Any other nonconformities in the package shall be remedied, unless it is not possible, or a remedy should entail disproportionate costs. 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 signifcant and the organizer does not remedy. A traveler further has the right to compensation for damage unless the the City Court of Gothenburg, case number T 6809-20. 9

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