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CORONAVIRUS URGENT MEASURES

Posted by | March 21, 2020 | comments
CORONAVIRUS URGENT MEASURES

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Urgent measures taken by Italian Government alerted in the epidemic crisis of Covid 19 - Law Decree 02/03/2020 n.9 to support families, workers and enterprises in connection with COVID-19 emergency. Ref to art. 28, reimbursements of voyages, travel packages.

Among others, the article 28 of this Law Decree lastly issued contains some provisions on the reimbursement of voyages and package travel establishing, in this respect, the right of termination of the contract of carriage by air, train, sea, inland waters or by road stipulated by and /or involving persons subiect to quarantine and/or other restrictive measures and/or surveillance imposed in accordance with the other recent regulations issued for the Covid-19 emergency (art. 28, par.1, lettr a),b)c). Are also included the persons which have planned voyages having departures /arrivals from /to areas affected by cases of Covid -19 (lett.d) and persons which have planned to join and/or are admitted to public job selections and/or any events and meetings dealing with it and /or other business reasons, etc. (lett.e). More, the persons buyers of title of voyages having destinations in other foreign states where is forbidden any access/arrival due to Covid -19 epidemic crisis (lett.f).

All the events contemplated under the named art. 28 par. 1 must be noticed to the carrier according to terms and conditions therein specified; the carrier must arrange the reimbursement of the costs paid by the traveller in respect of the voyages or issue a voucher for the same amount to be spent within one year (art. 28, par.2-3). These provisions are also applicable in cases of voyages purchased through travel agents (art. 28 par.4).

The persons under par. 1 may also exercise the right of withdraval provided according to art. 41 of the Law Decree  n. 79 of 2011 on package travel and linked travel arrangement issued by Italian Government fin accordance with EU Directive 2008/122 (artt. 28, par.5). In this respect it must be pointed out that the Law Decree 79/2011 mentioned by reference in the art. 28, par.5, has been recently replaced by the new text of art. 41 contained in the Law Decree 21.5.2018 n.62 issued in Italy according to EU Directive  n. 2015/2032 on the new regulation in the matter of package travel.

The reference in the art. 28.5 above should be, therefore, intended to be to the new version of article 41 as resulting from the Law Decree n. 62/2018. Like this, under art. 28, par.5 and according to the mentioned art.41 therein incorporated by reference, any traveller is  entiteld to exercise the right of withdraval from the travel package to be performed during the period of the quarantine, the surveillance measures or the lasting of the epidemic crisis of Covid-19; the organizer may terminate the package and shall provide the traveller with full refund or to offer another /equivalent package travel or issue a voucher for the corresponding amount having one year validity.

Finally, it is important to point out that in the subsequent par. 6 of art. 28 above mentioned is established that the provision of the article 28 itself are of mandatory application according to art. 17 Law n. 218 of 1995 as well as  to art. 9 EU Reg. 593/2008 included in the article by reference.

 

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