The traveller may, at no cost, withdraw from the contract to participate in the package, where multiple cases of coronavirus infection have been recorded at the place where he is to be visited, flights to that place are not carried out and such transport was an important part of the package.
The reimbursement of payments can also be obtained in a situation where the primary element of the tourist event is participation in a cultural event (e.g. visit to the museum) or a sports event (e.g. a football match), which has been cancelled due to reported cases of coronavirus infection. On the other hand, the traveller may not withdraw from the package agreement at no cost solely because of cases of coronavirus infection found at the place where he went.
Cost-free withdrawal means receiving 100% reimbursement of payments. However, without compensation and compensation.
According to the Tourist Events Act and related travel services, payments may be reimbursed if ‘there are inevitable and exceptional circumstances that may significantly affect the transport of travellers and the implementation of the package at the destination or its nearest neighbourhood’.
In the event of unavoidable and exceptional circumstances, the traveller may only request reimbursement of payments made for the package.
As defined in the Act by unavoidable and exceptional circumstances, a situation beyond the control of a party citing a situation whose effects could not be avoided even if any reasonable action was taken.
The preamble to the Tourism Directive indicates that inevitable and exceptional circumstances may include, for example, war activities, other serious security problems such as terrorism, a significant risk to human health, such as outbreaks of a serious disease at a destination or natural disasters such as floods or earthquakes, or weather conditions preventing safe travel to a destination agreed in the package.
In order to be able to effectively withdraw from the package travel agreement in the event of unavoidable and exceptional circumstances at the destination or its nearest neighbourhood, it should therefore be demonstrated that these circumstances:
(a) have a significant impact on the implementation of the package, or
(b) transport of travellers to the destination.