Refund for Cancelled Travel During the Pandemic: Commission Decides to Refer Slovakia to the Court of Justice

• Autorzy: Monika Jurčová , Peter Varga
• Języki publikacji: EN

Abstrakty

EN

Purpose: The purpose of the article is to assess the conformity of the Slovak solutions with regard to refunds for cancelled travels and their conformity with EU law, i.e. the Package Travel Directive. In the article, the position is analysed of the European Commission and its reflection to Slovak legislation on refunds of travels after cancellation of the breach concerning travels by the travel agencies.
Method: Legal analyses regarding the Slovak amendment of Package Travel Act and comparison of its provisions with the Package Travel Directive.
Findings: In the article, the way is described as to how the Slovak legislator solved the reimbursement for cancelled travels due to pandemic situation. Also provided is the statement regarding the reasoned opinion of the European Commission that followed the adoption of the amendment of the Slovak Package Travel Act. The authors analyse compatibility of the COVID PTA Amendment with European Union law. In the article, it is described that due to time constraints set by the COVID PTA Amendment for refund because of cancelled travels, non-compliance with EU legislation had probably expired by September 2021.
Research and conclusions limitations: The research was focused on EU (Package Travel Directive) and Slovak legislation (Package Travel Act) and assessment of compliance of Slovak with EU law.
Practical implications: The article draws attention to the question whether some effects of the COVID PTA Amendment will persist after September 2021 provided that the topical purpose of this legislation to postpone refund for travellers has already been accomplished by setting the deadline for 14 September 2021. Secondly, it raises the question of possible damage suffered by the individuals due to the breach of EU law by the Slovak Republic.
Originality: As the article is focused on the most current situation, this topic has not been discussed by other authors in other studies. The authors assume a view that makes assessment regarding legality of the Slovak amendment for Package Travel Act with EU law.
Type of paper: Research paper.

Słowa kluczowe

EN

Touristic travel; Pandemic; COVID-19; Payment; EU directives

PL

Podróże turystyczne; Pandemia; COVID-19; Płatność; Dyrektywy UE

• Czasopismo: Folia Turistica / Akademia Wychowania Fizycznego im. B. Czecha w Krakowie
• Rocznik: 2021
• Numer: nr 57 Travel and Tourism Law in the Face of Contemporary Threats to Tourist Safety and Security
• Strony: 7--19

Twórcy

autor

Monika Jurčová

• Trnava University, Slovakia

autor

Peter Varga

• Trnava University, Slovakia

Bibliografia

• Bech Serrat J. M. (2021), Covid-19 Contractual Measures in Hospitality: Lessons from Problematic Regulation in Europe, "Journal of European Consumer and Market Law", Vol. 10 (2), pp. 48-54.
• Jurčova M. (2021), Ukončenie zmluvy o zájazde pre mimoriadne a neodvrátiteľné udalosti v období pandémie COVID-19 [Termination of the package travel contract by the traveller in the event of unavoidable and extraordinary circumstances] , "Studia turistica", Vol. 12 (1), pp. 17- 25. Online: https://www.studiaturistica.cz/wp-content/uploads/2021/03/ studia_turistica_2021_1.pdf (29.09.2021).
• Jurčova M., Novotna M. (2020), Zmena a zánik zmluvy v dôsledku mimoriadnych okolností (zmluva o zájazde) [Change of contract terms and termination of contract due to extraordinary circumstances (package travel contract)] [in:] J. Suchoža, J. Husar, R. Hučkova (eds.), Právo - obchod - ekonomika, Univerzita Pavla Jozefa Šafarika, Košice, pp. 130-137.
• Wukoschitz M. (2020). "Extraordinary" legislative shortcomings in the new PTD. [in:] C. Torres, J. Melgosa Arcos, L. Je gouzo, V. Franceschelli, F. Morandi & F. Torchia (eds.), Collective Commentary about the New Package Travel Directive, Estoril, Portugal: ESHTE, pp. 182-200. Online: http://intranet.eshte.pt/collectivecommentary/6/ (29.09.2021).
• Commission recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to travellers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic, C/2020/3125, OJ L 151, 14 May 2020, pp. 10- 16 (aforementioned as "Recommendation on Vouchers").
• Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (aforem entioned as "Package Travel Directive" or "PTD").
• Act No. 170/2018 Coll. on packages, combined tourism services, certain conditions for doing business in tourism and on change and supplementation of certain acts as amended (Slovakia) (aforementioned as "Package Travel Act" or "PTA").
• Resolution of the Government of the Slovak Republic No. 111 of 11 March 2020 on the declaration of an extraordinary situation for the territory of the Slovak Republic from 12 March 2020 at 06.00 a.m. pursuant to Section 8 of the Act of the National Council of the Slovak Republic No. 42/1994 Coll. on Civil Protection of the Population, as amended, in connection with a public health threat of level II due to COVID-19 disease caused by the SARS-CoV-2 corona virus.

Identyfikatory

DOI

10.5604/01.3001.0015.6312