The Package Travel Act and the Covid19 pandemic by Jonas Thyberg

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 fight 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 ofered 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 fight 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. In cases where travelers that were already at the destination or on their way to the destination at the time of the advice against all non-essential travel, cancelled packages and arranged for return fights, ARN has stated that the travel advice in itself does not give a traveler the right to cancel the rest of the package and get a price reduction. Only in situations where it was clear that the organizer would not be able to carry out the rest of the package in accordance with the contract and did not ofer equivalent alternative arrangements, travelers have been entitled to a price reduction. In some decisions, the board has placed fairly high burden of proof on travelers to prove alleged circumstances. 3.3 Obligation to arrange for alternative transport and accommodation Chapter 4 section 4 and 5 of the PTA stipulates that if a traveler can not be returned to the place of departure, the organizer shall arrange for alternative transport. The organizer is further responsible for the costs for accommodation until such alternative transport can take place. The provisions implement Article 13.7 of the PTD.

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