Homeward Bound: Package Travel and Unforeseen Circumstances Case Note to Geschillencommissie Reizen 22 September 2020, Reference Code 9916/33919, and to Geschillencommissie Reizen 30 September 2020, Reference Code 28181/33982

Abstract

Since the outbreak of the Covid-19 pandemic, package travel contracts have been cancelled throughout the world, both before and after departure of individual consumers. In this paper I will discuss whether and to what extent courts and recognised ADR entities may rely on national contract law rules on unforeseen circumstances in other to tackle the consequences of the pandemic for package travel contracts or whether the 2015 Package Travel Directive does not allow for the application of such rules.

Keywords: European consumer law, covid-19 crisis, package travel contracts, ADR, unforeseen circumstances, termination, cancellation

JEL Classification: K12, K20, Z30