Member Article

A state of emergency was declared in Portugal by Decree of the President of the Republic 14-A/2020 of 18 March and this was renewed by Decree of the President of the Republic 20-A/2020 of 17 April. Following this declaration, exceptional and temporary measures have been adopted in relation to the COVID-19 pandemic.

In this context, Decree-Law 17/2020 of 23 April was approved and came into force on 24 April 2020, and it sets out a series of measures to mitigate the negative impact on the tourism sector. The Decree-Law establishes measures concerning (i) package holidays organised by travel and tourism agencies, (ii) the cancellation of reservations in tourism developments and local lodging establishments, and (iii) the relationships between travel and tourism agencies, tourism entertainment operators, tourism developments and local lodging establishments.

The aim of these measures is to strike a balance between the financial sustainability of economic operators and the rights of consumer which, despite the current context, cannot be suppressed or eliminated. The measures also include special protection for travellers / guests who are unemployed, who will be able to request the reimbursement of all amounts spent, until 30September 2020.

(i) Trips organised by travel and tourism agencies

When travel packages, as organised by travel and tourism agencies, to take place between 13 March and 30 September 2020 do not take place or are cancelled due to the Covid-19 pandemic, to comply with the Legal Framework for the Access and Exercise of the Travel and Tourism Agencies Activity, travellers have the right to choose between:

• A voucher for the same amount as paid by the traveller, that is valid until 31 December 2021.

i) The voucher will be issued to the bearer and it can be freely transferred;

ii) If the voucher is used to take the same trip, albeit on a different date, the insurance that was hired at the time of purchase of the initial travel package will be maintained; and

iii) If the voucher is not used by 31 December 2021, the traveller is entitled to a reimbursement to be paid within 14 days.

or

• Rescheduling of the trip up to 31 December 2021 (if rescheduling does not take place by 31 December 2021, the traveller is also entitled to a reimbursement, to be paid within 14 days);
  
  

Any failure by travel and tourism agencies to ensure these rights will grant travellers the right to trigger the travel and tourism guarantee fund.

In his context, special reference is made to travellers who are unemployed. Until 30 September 2020, these travellers can request the reimbursement of all amounts spent, which must be paid within 14 days.

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