Checkmate for Italy. Tourism is the driving force behind the economy of many countries and since the outbreak of the pandemic, governments have been supporting all related sectors to allow a recovery of the whole severely affected sector from the pandemic. However, now that we are moving towards a reopening of borders and travel both between EU countries and within individual nations, it is also necessary to monitor the rights of consumers, i.e. travellers, who have had their flights booked at the time canceled and grounded due to the lockdown. Just as it is good to keep your eyes open on the transparency of the ticket prices of the various companies to avoid hidden costs or costs that are discovered at the end of the online purchase procedure.
It is in this direction that two successes of the European and Italian Antitrust move. Indeed, on the one hand the European Court agreed with our Competition Guarantor who in 2011 had imposed a Ryanair to indicate the "full" prices of the flights, therefore with greater transparency.
On the other hand, the European Antitrust contests our government's decision to allow tour operators and airlines not to refund trips canceled due to the Coronavirus. Brussels intervenes in favor of the latter, arguing that with the decisions of the decree Care Italian of last March 17, 2020, the rights of customers on the tourism front have been suppressed.
The European Commission intervened against Cura Italia's choice to exclude reimbursement, instead favoring the voucher, judging it in stark contrast to European standards. A formal letter to the government was sent from Brussels, signed by the heads of Justice and Transport: Didier Reynders and Adina Valean. In which Italy is urged to change the procedure in place, otherwise an infringement procedure will be opened against the Italian state. In practice, argues the EU, the consumer must be able to choose the most convenient formula for him.
The decree of last March provides, as the only form of protection for all those who have had to cancel their holidays, the right to a voucher, valid for one year, so you can recover your trip once the pandemic is over.
However, according to Brussels all this is not enough. As with the health crisis and the shutdown of activities, much greater needs have arisen for citizens than thinking about the next vacation. In addition, given the uncertainty about the outcome of the epidemic, the consumer may not even have the opportunity to use it.
Another problem concerns the free movement. Brussels wants to restore the possibility of moving around the continent as soon as possible, opting however for a gradual removal of the restrictions imposed in March.
Obviously, the European debate foresees different alignments. On the one hand the Germany, which would like to reopen the borders by mid-June, on the other hand other European countries which, however, would like to favor the opening of the borders among those less exposed to the epidemic.
The Italian government has until May 28 to intervene and take appropriate action on the issue of vouchers or refunds. Otherwise, steps will be taken to align Italian laws with EU law.
Also, vouchers must have a public coverage, in which a refund can be obtained even in the event of the operator's bankruptcy. Another law that Italy has not adopted so far.
Instead, as far as the Irish company is concerned, the EU Court of Justice ruled in favor of the Antitrust, which in 2011 had fined Ryanair for over 500 thousand euros due to the lack of transparency in prices. According to European law, airlines are required to indicate flight prices clearly from the outset, before the user begins the purchase procedure.
Ryanair had defended itself by underlining that it had complied with EU provisions and adopted a transparent pricing policy. However, he later did appeal to the Tar and the Council of State to contest the fine, but to no avail for the company.
The ruling marks an important case for European jurisprudence, placing a limit on all airlines, especially low-cost ones.
In my case too, the hotel immediately ruled against the refund of money sent before the pandemic. After a few months, their lawyer announced the sending of VAUCHERs, which I have always refused on several occasions. do you propose?
Hello, after May 28, has the Italian government revised the rules on travel reimbursements? Is it possible to ask the hotelier for a cash refund? The facility I booked at says no. Thank you