Assoviaggi, guaranteed refunds for cancellations due to war

The escalation of the conflict in the Middle East falls within “unavoidable and extraordinary circumstances” provided for by Tourism Code and allows the travellers to withdraw from tourist package contract without the payment of penaltieswith the right to full refund of the sums paid. He remembers it Assoviaggi Confesercentidrawing attention to the current scenario determined byescalation militare and the consequent ones airspace closures e connection suspensions.

In base all’article 41 of the Tourism Code (d.lgs. 79/2011), it traveler has the right to withdraw from the tourist package contract without the payment of penalties when, before departure, they occur unavoidable and extraordinary circumstances at the place of destination or in its immediate vicinity, such as to substantially affect the execution of the journey or transport to the destination. Jurisprudence and administrative practice have clarified that guerre, armed conflicts, escalation militari, closure of airspace, states of emergency declared by authority e official warnings advising against travel emanated from Farnesina constitute objective causes of impossibility or serious risk. In these cases the traveler has the right to full refund of the sums paid, without additional compensation but without any penalty.

Directions from the Farnesina for travellers

To date the website of Farnesina public alert relating to the areas directly involved by conflict and invites compatriots already present to limit their travel and to follow the instructions of the local authorities on the app”Traveling Safely” and to register on the portal “Where We Are in the World“.

Passenger rights in air transport

On the front of the air transportthe crisis impacts the application of Regulation (EC) no. 261/2004which regulates i passenger rights in case of flight cancellation, prolonged delay o denied boarding. In the presence of exceptional circumstancescome armed conflicts, closure of airspace o serious safety risksit is not due pecuniary compensation from 250 to 600 euros. However, the right to access remains fully operational ticket refund or to re-routing on an alternative flight el’passenger assistance.

The role of the tourism code in the emergency

“In situations like the current one – he declares Gianni Rebecchipresident of Assoviaggi – the protection of travellers’ safety it is fundamental. The Tourism Code it must not serve to create conflicts between tourism operators e travellersbut to govern theemergency. The rules exist and are clear: they protect the travellers without criminalizing them businessesrecognizing that guerre e geopolitical crises I am exceptional events“.

Shared responsibilities to reduce inconvenience

“Everyone must do their part to try to reduce the inconvenience and contain theeconomic impact on tourism – concludes Rebecchi -. The tour operators they have the task of inform customers promptly and to verify the contractual conditions are cancellations e reprotectionsadhering to indications from the Farnesina. All air transport companies and to tourism operators it is the task of one prudential planningaccompanied by a clear communication con i travellers they organized tourism operators. Even i travellers they must do their part by monitoring the status of loves exclusively on official channels of the companies and consulting regularly www.viaggiaresicuri.itas well as understanding that all operators in the sector they are facing a serious situation emergency and extraordinary“.