If a consumer / traveller has entered a travel contract before the government measures to deal with the Covid-19 emergency, the contract can be terminated without any penalty.

The coronavirus pandemic falls under the concept of fortuitous event or force majeure, having the requirements of unpredictability and inevitability. Consequently, pursuant to and for the purposes of Article 1463 of the Italian Civil Code, the supervening impossibility of the service for reasons not attributable to the traveller, or the possibility of requesting a refund of the amount paid by the traveller.

The cancellation of the trip due to the health emergency, and following the provision of the State Authority, allows the traveller / consumer / tourist not to make the payment of the agreed price, and if it has already been made, he can ask for the amount already paid in derogation from the contractual provisions regarding the exercise of the right to reimbursement.

The Competition and Market Authority also supports the same thesis in favour of the consumer and has reported to Parliament and the Government the contrast to Article 88 bis of the Legislative Decree 18/2020 (Italy care decree) with the current community regulations, in the part in which the possibility of issuing vouchers is sanctioned by replacing the reimbursement, without the need for acceptance by the consumer, while the Recommendation of the EU Commission of 13/05 / 2020 reaffirms the right of travellers enshrined in EU regulations to obtain full reimbursement of payments made for services cancelled due to unforeseeable and unavoidable circumstances, right to reimbursement also enshrined in Article 41 Tourism Code.

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