THE ITALIAN WAY TO DEAL WITH THE PANDEMIC 189 case of withdrawal of the traveller or cancellation of the package travel by the organiser. On the other hand, the attribution to the latter, rather than to the traveller, of the potestative right of choice between offering an alternative package, refunding cash or issuing a voucher. 5. THE COMMISSION RECOMMENDATION OF 13 MAY 2020 ON TRAVEL VOUCHERS In the end, on 13 May 2020, the European Commission presented a Recommendation [Com. Comm. C(2020) 3125 final of 13.05.2020] on vouchers offered to passengers and travellers as an attractive alternative to reimbursement for cancelled package travel and transport services in the context of COVID-19. The Recommendation is part of the Commission package of guidelines and recommendation “Tourism and transport in 2020 and beyond” [Com. Comm. C(2020) 550 final of 13.05.2020], composed of three guidelines and a recommendation to help EU countries gradually lift travel restrictions, allow businesses to reopen and ensure that people in Europe can benefit from a safe and relaxing Summer after months of confinement while respecting necessary health precautions. The Commission is aware that cancellations entailed by the COVID-19 pandemic have led to an unsustainable cash-flow and revenue situation for the travel industry, as well as for the transport sector. The liquidity problems of organisers are exacerbated by the fact that they have to refund the full price of the package to the traveller while they do not themselves always receive reimbursement of prepaid services that are part of the package in due time. This can de facto result in an unfair sharing of the burden among the operators in the travel eco-system. Additionally, if organisers or carriers become insolvent, there is a risk that many travellers and passengers would not receive any refund at all, as their claims against the former are not protected. The same problem may arise in a businessto-business context, in which organisers receive a voucher as reimbursement for prepaid services from carriers, which later become insolvent. First of all, the Recommendation recalls that on 19 March 2020, informal guidance on the application of the Package Travel Directive in connection with COVID-19 has been published on the Commission’s website, confirming the traveller’s right to get a full refund, but also stating that it is possible for the traveller to accept a voucher. In particular, the Commission expressly reaffirms that vouchers that carriers or organisers may propose to passengers or travellers,
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