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

ITALIAN LEGISLATIVE PROVISIONS 161 red zones; c) those who tested positive to COVID-19 and subsequently obliged to quarantine or isolation at home; d) those who had programmed trips or stays with departures or arrivals in those areas affected by the infection; e) those who had to participate in events or public exams or reunions, either publicly or privately held, which had been cancelled or postponed, for example, exhibitions or shows; and f) those in possession of travel documents bought in Italy with destination in one of those foreign countries in which arrival, landing or entrance had been prevented due to the epidemiologic emergency. In those days, travellers from the Northern part of Italy had to cancel and/or withdraw from their flights, their packages, their hotel bookings in accordance with the provisions issued by the Government and many of them, who were travelling in those days, were prohibited from entering certain countries. On 2 March, a Legislative Decree was issued in order to, among other measures, regulate the consequences of the restraint measures on transport contracts and packages, for those individuals whose freedom of movement had been limited. As noted, as of 2 March, those individuals affected by containment measures were only those residing or domiciled in the red zones, and the foreign countries prohibiting entrance in their territories were still a few at that time. However, the severity and uniqueness of the situation led the Government to extend the containment measures to the whole national territory with a Legislative Decree dated 9 March, and, by 11 March, Italy was in lockdown, which stands until 17 May, as provided for by the latest Decree, issued on 26 April. The only activities that are allowed to stay open are those considered as essentials, in other words, mainly those related to food and health. At the same time, since Italy was the country with the highest number of COVID-19 cases, foreign Authorities of almost all over the progressively world prohibited entrance of people coming from Italy in their territories. It is important, for the scope of the present paper, to note that, in addition to the need to minimise the risk of the contagion, the Government had – and it still has – to deal with the implementation of measures to economically support families and business activities, as well as workers, affected by the lockdown. It did so, by issuing Decree-Law No. 18/2020, more commonly known as the “Cura Italia” Decree – literally “Healing Italy” –, which has recently been converted into Law No. 27, on 26 April. Art. 88bis of that legislative provision contains amendments, as well as replacements, to the provisions related to the reimbursement of travel contracts and tourist packages.

RkJQdWJsaXNoZXIy MTE4NzM5Nw==