When war or the spread of COVID-19 affects a package holiday

The central issue in these disputes is whether unavoidable and extraordinary circumstances at the destination or in its immediate vicinity significantly affect the performance of the package or the carriage of passengers to the destination within the meaning of Article 89(5) of the Bulgarian Tourism Act. In those circumstances the traveller may terminate the contract with the tour operator before the package begins, without paying a termination fee, and claim a full refund of all payments made for the package. This provision implements Article 12 of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015. Recital 31 explains that travellers should be entitled to terminate a package travel contract without a fee where unavoidable and extraordinary circumstances will significantly affect its performance. Examples include war, other serious security problems such as terrorist acts, significant risks to human health such as an outbreak of a serious disease at the destination, natural disasters such as floods or earthquakes, or weather conditions that make safe travel to the destination as agreed in the contract impossible.

The spread of COVID-19 and the imposition of quarantine on a country or part of its territory qualify insofar as they meet the definition in paragraph 1, point 68д of the supplementary provisions of the Tourism Act: circumstances beyond the control of the party relying on them whose consequences could not have been avoided even if all reasonable preventive measures had been taken. The presence of a serious disease at the destination that puts human health at risk may clearly qualify as an unavoidable and extraordinary circumstance.

The same reasoning applies to hostilities or terrorist acts at the destination.

This article does not constitute a legal opinion or advice concerning a particular situation or person. For legal assistance with a specific case, consult a lawyer.