86 TOURISM LAW IN EUROPE organisers will be able to take out a loan, up to a maximum of 3 million euros; organisers will have to transfer the amounts directly to the consumer; loans are granted at an annual interest rate of 3%; loans have a term of five years from the date of signing the loan contract; and the amount of the loan granted may not exceed 80% of the total value of the eligible vouchers per organiser. This State loan was approved by the Commission, which considered that the aid provided complies with the rules of the flexible state aid framework still in force. This news sounds like a relief for the actors of the travel industry in Belgium who hope to finally see the light at the end of the tunnel. 6. THE IMPACT OF COVID-19 CRISIS ON THE HOTEL SECTOR In Belgium, the hotel sector has not been spared from the health crisis. Although not included in the list of sectors affected by a closure obligation (as they are considered a service of primary necessity), hotels are particularly affected by all the measures linked to the health crisis. The closure of borders, the ban on travel, the imposition of strict sanitary rules and the obligation of vaccination have led to a significant drop in the number of tourists. The suppression of the majority of professional events and the closure of restaurants also impacted heavily the sector. In terms of average occupancy rates for the year 2020 compared to 2019, a drop of almost 50 per cent has been estimated. However, the crisis has also presented hoteliers with difficulties that were previously unknown. Indeed, due notably to quarantine obligations and border closures, many customers have requested free cancellations due to force majeure events. Indeed, in Belgian law, Article 1148 of the Civil Code provides that “No damages shall be payable where, as a result of force majeure or a fortuitous event, the debtor has been prevented from giving or doing what he was obliged to do, or has done what he was prohibited from doing”. This means that, if the traveller is obliged to cancel due to force majeure events, cancellation fees cannot normally be charged. Can the Coronavirus crisis be considered as a force majeure event? In which conditions? For how long? How should hoteliers react to these demands? These are the questions we will address in this section.
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