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

TOUR ORGANISERS AND SUPPLIERS 89 6. CONCLUSIONS Although both package organisers and travel service suppliers are affected by the pandemic to a similar extent, it seems that struggling for their own economic survival they often do not act as partners in the crisis but as opponents – with the one being in the better position who still disposes of the money. Depending on the particular impact of the pandemic or related bans or restrictions, the doctrine of frustration of purpose or discontinuation of the basis of the transaction which is acknowledged in many different jurisdictions may serve as a basis for package organisers to terminate their contracts with particular suppliers and recover the money paid to them as a compensation for their obligation to reimburse the travellers. In practice, according to my experiences, suppliers are rather reluctant to accept such claims. The prospects of success must be examined on a case-by- -case basis. The case constellations mentioned above are only intended as examples of the considerations that can be made. Of course, practice will not be limited to these constellations, but there will often be a wide variety of variants and combinations of the scenarios mentioned.

RkJQdWJsaXNoZXIy MTE4NzM5Nw==