BUSINESS NEWS discuss pandemic and Brexit issues. Ian Taylor reports on virtual forum


European states struggle to adhere to refund rules


Ian Taylor


Lack of coordination of travel policies across Europe extends to consumer refunds for cancellations despite EC attempts to harmonise interpretation of the Package Travel Directive. Most German consumers are


rejecting vouchers in place of cash refunds for cancelled bookings, according to Klaus Siebert of German law firm Engels Siebert Rechtsanwalte. But German courts are accepting delays of up to six months in paying refunds despite the requirement to refund within 14 days. Siebert told an ITLN conference:


“The voucher system is not working in Germany. People are claiming like hell – 80% are not accepting vouchers and claiming full refunds. It’s a crazy situation. The courts accept 14 days is not realistic and accept a four, five, six-month delay.” He warned it likely German vouchers are not protected when bookings have been cancelled multiple times. In Portugal, the government tried


to aid tour operators by temporarily changing the regulations, as Abta and


Certificates of vaccination ‘may be very difficult’


Growing demands for vaccination certificates to relax travel restrictions “may be very difficult” to meet, say industry lawyers in markets across Europe. Alexander Poels, of law


travelweekly.co.uk


‘Would a certificate cover all types of Covid vaccine?’


Ursula von der Leyen, president of the EU, which‘pressured’ Portugal not to change its refund regulations


others called on the UK government to do. But the EU ordered a halt. Rita Pereira of Portuguese law


firm Edge, said: “Portugal passed a law saying agents and operators should offer vouchers for cancelled trips [valid] to December 31, 2021, and customers could only apply for a refund from January 2022.” However, she said: “Portugal was


pressured by the EU and cancelled the law. [Yet] tour operators say [customers with] holidays cancelled while the law [was in place] still need to wait. It’s a big mess. If forced to pay, most operators would go bankrupt.”


In Austria, no attempt was made


to change the law and tour operators offer vouchers. Michael Wukoschitz of Austrian law firm KWC said: “Tour operators tried to convince travellers to accept vouchers, offering additional benefits. There are not as many cases of reimbursement as I expected. The amounts normally are not high, just cancellation costs.” But Stephanie Fressard of French


law firm Armand-Chat & Associés said: “There is no guarantee in France that you will be reimbursed [for vouchers]. Most actors won’t be in a position to reimburse vouchers.”


firm Karanovic Partners, said: “Southern European countries are advocating some form of standardised vaccination certificate. That might be very difficult to achieve in an EU context. Will certificates cover all vaccines? Will it cover the Russian vaccine which Hungary has ordered?” Poels warned of issues around


privacy, protection of health data and the proliferation of fake Covid-19 test certificates and said:


‘Governments must coordinate travel restrictions’


The lack of coordination of Covid travel restrictions across Europe is heightening uncertainty among potential travellers. Alexander Poels, who acts


for law firm Karanovic Partners in Croatia, Slovenia and Serbia, said: “Even between Croatia and Slovenia, in a region dependent on travel, there is no coordination. Travellers are turned away at airports. Travellers with documents find they are no longer valid.” Klaus Siebert of German


law firm Engels Siebert Rechtsanwalte said: “It is the same situation in Germany.” Michael Wukoschitz of


Austrian law firm KWC agreed, telling the ITLN conference: “We can’t go on with daily and weekly changes of restrictions. There is a need for cooperation between governments.” Travlaw senior counsel


Stephen Mason said: “Things are going in opposite directions at the same time in the UK. The government seems to be doing quite well on vaccination, but holidays now are illegal.”


“There are major concerns.” Klaus Siebert of German firm


Engels Siebert Rechtsanwalte warned: “It will come up this summer that a travel agent must say ‘yes’ or ‘no’ [to travel] to someone with a vaccine. Do you need a second [jab] or not will be [just] one question.” Siebert suggested: “Operators


will develop offers including vaccination. There are already inclusive packages to Dubai with a vaccine on holiday.”


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PICTURES: Shutterstock


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