The Package Travel Act and the Covid19 pandemic by Jonas Thyberg

accordance with the provisions of the Package Travel Act was thus not possible for most companies, as they lacked funds. Many travelers therefore requested compensation from the travel guarantees furnished by the organiser. During the spring, two major travel companies were further subjected to reconstruction, which prompted a number of their customers to turn to Kammarkollegiet, which is the authority responsible for travel guarantees in Sweden. However, the Authority was quickly able to establish that the right to compensation from a company's travel guarantee presupposed that the trip was canceled due to the company's insolvency or that a travel service included in the package trip was not provided due to the company's insolvency. It is thus the reason for the canceled trip that is decisive for whether there is a right to compensation or not. In most cases, the trips that were canceled during 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 afect 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. 5. 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 clarifed 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 farreaching 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 diferent 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 diferent measures, including travel restrictions, closed borders and quarantine. The pandemic has caused almost a standstill of travel, and has thus had a serious

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