Coronavirus: what to do for booked trips, hotels, and flights

What to do if holidays, hotels, and flights are booked? The European Consumer Centre Italy answers European Consumer Centre Italy.

What are travelers’ rights during the coronavirus pandemic?

What to do for booked package tours

1) The tour operator canceled the vacation I booked; now the travel agency/organizer offers me a voucher. Should I accept it or can I request a refund?

According to art. 28, paragraph 5 of decree law no. 9 of March 2, 2020, the organizer can offer an alternative package, refund the amount, or issue an voucher. The wording of the article does not seem to leave the choice of refund method to the consumer, however, the issuance of an voucher remains an alternative and not an obligatory choice.

2) For the canceled vacation, the organizer issues me a voucher – how long is it valid for?

The voucher must be used within 1 year from the date of issuance, but in our opinion, this does not mean that the trip must be completed within that period.

3) The booked package tour has been canceled, the tour operator issues me a voucher for the price of the vacation, but I have not yet paid the full amount. Do I have to pay everything before receiving the voucher?

Article 1463 of the Civil Code states that in contracts with mutual prestations, if one of them ceases to be performed due to a reason not attributable to the party that must perform it, the cause justifying the counter-performance also ceases. Therefore, the traveler is not obliged to settle the balance and has the right to a refund of amounts already paid.

4) I booked a package tour with a tour operator based in another EU country, but due to the Italian travel ban, I could not depart. Do I still have the right to a refund/voucher?

We believe that in this case, Italian citizens have the right to a refund as the travel ban or entry restrictions in a country constitute an exceptional circumstance not attributable to the traveler that makes the service impossible to use.

5) I booked a trip for mid-April – can I cancel it for free?

Free cancellation is only possible for trips departing until April 3rd. For cancellations without penalties for trips scheduled after this date, this option will only be valid if the current bans on the national territory and in the destination countries are extended to include the respective departure or stay dates.

6) I booked a tourist package departing at the end of April and paid only a deposit. Now the organizer asks me to pay the balance – can I refuse to pay?

Since only trips up to April 3rd can be canceled free of charge, the payment of the balance should be made because it is contractually due. Given the uncertain situation and its ongoing evolution, we recommend contacting the organizer in writing and verifying the possibility of postponing the payment of the balance.

What to do for booked flights

1) I booked a flight departing before April 4th. Considering I cannot travel, do I have the right to a refund of the ticket?

Yes: if you reside in a municipality or area from which, by explicit order of the authorities, it is not possible to leave (at the moment, the entire national territory), you are entitled to a refund of the transportation cost or an equivalent voucher.

2) I booked a flight for the end of April, but due to the emergency, I do not feel like traveling. Will I receive a refund for the ticket?

If the outbound or return flight is canceled and it is a single booking, you are entitled to a full refund. If the flights are operated, the contractual conditions of the carrier apply. This means that if you purchased a refundable or flexible fare, you can request a refund or change the ticket, subject to your fare conditions. If the fare is non-refundable/non-changeable, in case of cancellation, you can only request the refund of airport taxes unless there is a travel ban on the day of the flight.

What to do for booked hotels

1) I booked a hotel stay until April 3rd and paid a deposit/cancellation fee. Can the hotel refuse to return what I paid?

No, even in this case, the rule applies that if it is no longer possible to fulfill the service, the hotel cannot require payment and must return what has already been paid in cash or by issuing a voucher valid for one year from the date of issuance.

2) I booked a hotel for summer 2020. The hotel informed me that if I decide to cancel today, I will lose my deposit/have to pay a cancellation penalty. Can I cancel free of charge?

It is impossible to predict what the situation will be this summer; to date, fulfilling the service seems possible. From this, it follows that in case of cancellation, the professional can retain the deposit or request the payment of penalties if provided for in the contractual conditions.
If on the date of our stay there is still a travel ban (whether in our country or in the destination country), the contract can be terminated and amounts already paid can be refunded.

“It is undeniable that the difficult situation we are experiencing, in addition to negatively impacting our mental state, leads to economic losses for consumers who often make many sacrifices to plan their anticipated and desired vacation.” says Monika Nardo, legal advisor of the European Consumer Centre Italy and continues “However, we must not forget that the tourism industry is also facing a similar, if not worse, situation.” “We therefore believe that a fair compromise may be the best solution to support our country’s economy and protect the jobs of many fellow citizens, which is why the option of issuing vouchers has been introduced and replicated by other EU states such as the Netherlands and Belgium,” concludes Maria Pisanò, director of the Centre.

Pubblicato in TravelNews