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

186 LEGAL IMPACTS OF COVID-19 IN THE TOURISM INDUSTRY b) by residents, domiciled or recipients of a ban prohibition of removal to the areas affected by the infection, as identified by the Decrees adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned Decrees; c) by the subjects tested positive for COVID-19, for which the quarantine with active surveillance or the fiduciary homestay with active surveillance by the competent health authority or hospitalisation at the health structures are available, concerning the contracts to be performed in the same period of stay, quarantine or hospitalisation; d) by subjects who have planned stays or trips with departure or arrival in the areas affected by the infection, as identified by the Decrees adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned Decrees; e) by subjects who have scheduled participation in public competitions or public selection procedures, events or initiatives of any nature, events and all forms of meetings in public or private places, including those of a cultural, recreational, sporting and religious nature, even if carried out in indoor venues open to the public, cancelled, suspended or postponed by the competent authorities in the implementation of the measures adopted by the Government, concerning the contracts to be executed during the period of effectiveness of the aforementioned provisions; and f) by the holders of travel documents or purchasers of package travel, purchased in Italy, whose destination is foreign countries, where landing or arrival is prevented or prohibited due to the COVID-19 epidemiological emergency. Conversely, under Article 41 of the Italian Tourism Code, the traveller may exercise the right to withdraw from package travel contracts to be performed during hospitalisation, quarantine with active surveillance, fiduciary homestay with active surveillance for the duration of the epidemiological emergency from COVID-19, in the areas affected by the infection, as identified by the Decrees adopted by Government, or in States where landing, docking or arrival is prevented or prohibited due to the epidemiological emergency situation from COVID-19. In particular, within thirty days, the travellers shall notify the organiser of the occurrence of one of the reported situations by attaching the documentation proving the travel document or the tourist package contract and, if requested, the documentation certifying the scheduled participation in events or initiatives.

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