142 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY many tour operators. We have been analysing it under Czech law and have come to the conclusion that there is no clear answer in the PTD. We have concluded that we should look at the general principles of contract law, for example, under Czech law, this means that that there is a possibility for a disadvantaged party – in this case, the traveller – to ask for a just renegotiation of the contract. This being so, the traveller should ask the Czech tour operator for a fair renegotiation of the contract. Furthermore, the same conclusion was drawn for situations where the traveller cannot use the package because he or she is on the blacklist. For example, Italians, or people who have been previously travelling through Italy, were already blacklisted in many countries in February. The inability is on the part of the traveller. While it is true that the tour operator has a duty to provide the traveller with general information on visa requirements and information on health formalities of the country of destination, this duty relates only to the time before the conclusion of the package travel contract. Should the tour operator bear the consequences of later changes, even if it only affects the traveller, and not the package itself? We believe that this controversial situation is also a case for a fair renegotiation of the package travel contract. III.3. What is a combination of a clear and a controversial situation? It is a scenario wherein neither can the traveller use the package due to the limitations set by the government, nor can the tour operator can provide the package. When the author faced this scenario for the first time, she interpreted it in favour of the travellers, because, in this situation, one can determine that the tour operator cannot perform the package obligations and, therefore, one can say that Article 12 PTD applies. However, the more the author thinks about it, the more doubts arise. III.4. Voucher as a type of renegotiation of the package travel contract There is a lesson to be learned from analysing the aforementioned three situations: there might be many cases in which we might struggle to apply Article 12 PTD, and, in those cases, the right of the traveller for a full refund is seriously under question. In those legally uncertain cases, we may need to consider other principles of contract law, such as the just renegotiation of the contract.
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