CORONAVIRUS AND TOURISM IN SPAIN 287 retailers, but by violating Directive (EU) 2015/2302. On 23 April, the European Commissioner for Justice, Didier Reynders, spoke out against this measure, warning that it is a violation of the Package Travel Directive and that, in the best of cases, it may be suggested to consumers to accept bonds, but they may not be forced to do so. The Corporate Association of Specialised Travel Agencies (ACAVE) warns that the bonds would not be necessary if the providers – especially the airlines – complied. The consumer has the certainty that the agencies’ bond is guaranteed by the deposit, while the reimbursement of the airlines is not. In cases where the consumer contracted a separate service, such as an accommodation or flight reservation, the decision to accept or not the voucher rests with the consumer and, if he rejects it, the retailer is required to make a reimbursement. Motivated by pressure from travel and transportation associations, the European Commission has also acted on the matter and published an Interpretative Guideline (DOUE of 18 March) to clarify how certain provisions are to be applied. These affect Regulation (EC) no. 261/2004 of the European Parliament and the Council, of 11 February 2004, establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights; to Regulation (EC) no. 1371/2007, of 23 October (rights of railway passengers); Regulation (EU) no. 1177/2010, of 24 November (rights of passengers travelling by sea and inland waterways); and to Regulation (EU) no. 181/2011, of 16 February (rights of bus and coach passengers). Two months later (DOUE of 14 May), the Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID19 pandemic was published, advising the protection of bonds against the insolvency of the transporter and organiser so that they are better accepted among passengers and serve to alleviate the liquidity problems of these operators. Lastly, it should be noted that in the judgment of 26 March 2020, of the Court of Justice in case C-215/18 Libuse Kralova/Primera Air Scandinavia, compensation is allowed directly from the air carrier of the place of departure of the flight, even when the passenger and the air carrier have not concluded a contract, interpreting Regulation 261/2004, previously commented.
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