The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry

THE EUROPEAN AND GREEK LEGAL FRAMEWORKS 151 among other issues, the credit note (the so-called “voucher”), which is introduced in Greece as a substitute for monetary refund in the event of a cancellation of a flight (Article 61 ALC), in the event of a cancellation of a commercial passenger transport service by sea or a cruise (Article 65 ALC), as well as in the event of a cancellation of an individual trip or package travel (Article 70 ALC). What is worth mentioning is that the system of credit notes covers not only B2C (business-to-consumer) air transport and tourism sector, but also B2B (business-to-business) tourism sector, since Article 71 ALC establishes rules on tourism enterprises’ rights in case of termination of tourism contracts. Specifically, according to Article 61 ALC, titled: “Claims arising from flight cancellations”, in derogation of the provisions in force, from the 25 February 2020 to the 30 September 2020, the following provisions shall apply: (a) the requests for reimbursement of the cost of air passenger tickets due to flight cancellations, that are provided in EU or national law, are satisfied with the provision to the passenger of a credit note whose value is equal to the price of the ticket for the cancelled flight. The credit note is issued by the air carrier and is valid for eighteen (18) months from its date of issue. During the eighteenmonth period, the passenger may - at any time - use the credit note to travel towards any destination of the network of the air carrier with which he had originally booked a flight. Until the expiration of the credit note, the debt does not become overdue or claimable, it only does so eighteen (18) months after the date of issue of the credit note and provided that the credit note has not been used; (b) the above-mentioned provisions shall apply to claims arising from flight cancellations during the period from 25 February 2020 to 30 September 2020; (c) the above-mentioned provisions shall also apply mutatis mutandis to agreements to which not only Greek but also foreign law is applicable, given the fact that the relevant rights are provided by EU law; (d) the above-mentioned provisions shall apply to claims of passengers by an air carrier with a valid operating license, which has been granted by the Greek Ministry of Infrastructure and Transport either on the grounds of Council Regulation (EEC) No. 2407/92 of 23 July 1992 on licensing of air carriers or of Regulation (EC) No. 1008/2008 of the European Parliament and of Council of 24 September 2008 on common rules for the operation of air services in the Community and specifically of its 2nd Chapter (Chapter II) on Operating Licence. III. PACKAGE TRAVEL

RkJQdWJsaXNoZXIy MTE4NzM5Nw==