136 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY A voucher can also be used for another travel or a previously paid travel package arrangement upon the expiry of 180 days from the cessation of special circumstances. Finally, the voucher is covered by the same insolvency protection already arranged for non-performed package travel arrangements. The minister tourism will determine how a voucher can be used. 4.4. Possible Problems in the Realisation of the New Traveller’s Right to Terminate the Package We can expect that the new rules on the termination of package travel arrangements will contribute to a more equitable regulation of the legal relations between travellers and organisers when it comes to the package travel contracts. These new rules make it possible for organisers to achieve economic stability once the COVID-19 pandemic is over and to re-establish their activities. In the amendments to the TSA, apart from the new right of the traveller to the termination of the package and the organiser’s obligation to issue a voucher, there are no detailed rules on the realisation of the new right to termination due to special circumstances caused by the coronavirus. Therefore, in practice, problems may arise in the application and interpretation of the new provisions of the TSA, such as: How is the cessation of special circumstances established? What is the time limit within which, after the cessation of special circumstances, the traveller may terminate the package? What is the subsidiary application of the TSA provisions on the termination of a package travel arrangement because of unavoidable and extraordinary circumstances? Do the general rules on the traveller’s/organiser’s right to the termination of the package referred to in the Package Travel Directive apply to the package realised upon the cessation of special circumstances? Regarding any open questions concerning the termination of the package, other provisions of the Tourist Services Act, and the Obligations Act, will apply in a subsidiary manner.
RkJQdWJsaXNoZXIy MTE4NzM5Nw==