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

IMPACT ON TOURISM CONTRACTS ACCORDING TO ITALIAN LAW 179 from the commissions paid, especially if, among the options indicated in Art. 28, paragraph 5, of Decree-Law No. 9 of 2020, the organiser decides to issue the socalled “voucher”, as is very likely. In this case, the assignment received from the organiser can be considered as executed, with the obligation for the latter to pay the remuneration, thus mitigating the financial difficulties of the intermediary whose business was damaged by the forced shutdown due to the events. Intermediaries, like restaurants or hotel managers, were not included in the support measures enacted by the national legislator. Some legislative measures should indeed be devised to protect this category, for which the risk of having to shut down business is high. On the one hand, the subjects operating in the shops had to undergo a temporary shutdown. On the other hand, with all the families forced to stay at home, the dispersion of customers to the detriment of intermediaries is inevitable and should cause a sharp drop even once the restrictions are lifted, especially if they are extended for long. Precisely because of its position, the intermediary cannot enter into deferred execution contracts and, therefore, it is reasonable to expect that, in the future – where the level of competition is expected to increase –, the intermediaries will face drastic business volume reductions.

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