The Package Travel Act and the Covid19 pandemic by Jonas Thyberg

For many packages, the pandemic has led to changes when it comes to transportation back to the place of departure. Many airlines completely shut down operations and canceled all fights. This often happened at short notice. Organisers have to a large extent arranged new transports, which in many cases has led to large extra costs. Travelers who have arranged home trips themselves have received compensation in cases where the organiser explicitly told the traveler to arrange a return trip themselves or where the organizer said that they could not arrange a return trip, has been considered by ARN to be entitled to compensation from the organiser. In cases where the original return fight was not canceled at the time when a new return fight was booked, either by the traveler himself or by the organiser at the request of the traveler, the organiser has been considered responsible for the cost only in situations where the traveler has been able to prove that the organiser would not be able to carry out the rest of the package in accordance with the package travel contract. In these cases, it has not been considered relevant whether the original return fight was canceled by the airline at a later point, as this was not known by the traveler at the time when the journey was canceled. In one case the travelers had booked a 20-day package to Brazil, Argentina, Peru and Colombia. The package was canceled after 13 days by the organiser, when the travelers were placed in quarantine in Peru and thus could not continue the package. The organiser arranged a fight from Peru to Paris. The organizer informed the travelers that, upon arrival in Paris, he would arrange a fight to Stockholm. The travelers claimed that they on several occasions had tried to get the organiser's help in Paris but did not get any help. The travelers therefore paid for accommodation in Paris and arranged their own fight home. ARN considered that it was clear that the organiser did not intend to complete the trip. The travelers were therefore considered entitled to a reasonable price deduction for the days that the travelers did not receive at the destination as well as compensation for the costs of the excursions that the traveler did not receive. ARN further found that the organizer had a responsibility to arrange a return trip to the place of departure, but that they only arranged a fight to Paris. The traveler was therefore entitled to compensation for the airline tickets they had purchased from Paris to Stockholm themselves. 3.4 Assistance to travelers in difculty An organizer has a responsibility to provide assistance to travelers who sufers difculties, regardless of the nature and cause of the difculties . According to this 10 provision travelers who have been stranded at destinations are entitled to assistance from the organiser, for example help to get in touch with the Swedish embassy, health care or local authorities and to fnd a new transport home. The provisions of the PTA and the law are quite clear and does not leave much room for interpretation. PTA Chapter 4 section 12, which implement Article 16 of the PTD. 10

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