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BERLIN, Jan. 12 (AP) — Travelers whose tour packages were disrupted by restrictions imposed to fight the COVID-19 pandemic may be entitled to at least a partial refund, the European Union’s top court said Thursday.
The ECJ issued its opinion after a German court sought its opinion.
A Munich court is hearing the case of two people who bought a two-week holiday package to the Spanish island of Gran Canaria starting March 13, 2020, just as the pandemic was sweeping through Europe. They are seeking a 70% price cut due to the restrictions imposed there two days later and their early return.
When the restrictions were imposed on March 15, the beach was closed, a curfew was imposed and the plaintiffs were allowed to leave their hotel room except to eat, the EU Court of Justice said. On March 18, they were told to leave at any time and they had to return to Germany two days later.
The travel agency rejected the requested relief on the grounds that it could not be held liable for “general risks to life”.
The EU Court of Justice ruled that “travelers have the right to request a reduction in the price of their package if the travel services included in the package do not meet the requirements due to restrictions imposed by tourist destinations to combat price differentials due to infectious diseases such as COVID-19.”
It said it did not matter if similar restrictions were imposed where travelers lived or in other countries.
German courts will now have to assess whether the restrictions in specific cases constitute “failure or improper performance” of contracts by tour organizers. (Associated Press)
(This is an unedited and auto-generated story from a Syndicated News feed, the content body may not have been modified or edited by LatestLY staff)
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