WAYS TO PROTECT THE RIGHTS AND INTERESTS OF TOURISTS IN QUARANTINE MEASURES TO PREVENT THE SPREAD OF ACUTE RESPIRATORY DISEASE CAUSED BY COVID-19

Abstract

New circumstances require emphasis on the implementation and creation of conditions for the provision of tourist services in modern conditions, where security comes first. The article notes that in addition to the general obligations under Art. 13 of the Law “About Tourism”, this law establishes other very specific measures aimed at the safety of tourists in financial field: in particular, mandatory financial support of tour operators and travel agents of their civil liability to tourists with a guarantee from a bank or other credit institution (Article 15) and insurance of life and health of the tourist (medical and accident) (Article 16). It is clarified whether the COVID-19 epidemic and the quarantine measures taken in connection with it are grounds for releasing the tourist service provider from liability for breach of contract and concluding that the qualification of circumstances taken as a result of quarantine as force majeure depends on : 1) contractual consolidation as force majeure conditions; 2) the impact of force majeure on the impossibility of the party to implement a particular contract, the availability of evidence in this regard, as well as the contractual distribution of risks of force majeure; 3) notification of the impossibility of fulfilling the obligations due to force majeure of the counterparty immediately or within the time limits established by the agreement of the parties; 4) the party’s efforts under these conditions to prevent damage to the counterparty; 5) appeal to the counterparty with a request to extend the contract or change its other terms in the manner prescribed by the contract, without the application of penalties, which may lead to a contractual change by the parties to the contract; 6) application of the party for a certificate of force majeure to the Chamber of Commerce and Industry. It is emphasized that force majeure under these conditions only releases from liability for breach of obligation by the tourist service provider, but does not release him from execution. Therefore, from the point of view of the law, the restrictive measures applied as a result of the pandemic may have the following legal consequences for the parties to the travel service agreement: 1) if the creditor loses concern in from the acceptance of performance and the claim for damages; 2) in case of constant impossibility of fulfillment of the obligation by the debtor due to force majeure circumstances – the obligation is terminated; 3) in the event of a significant change in circumstances, the contract may be changed or terminated. It is noted that a significant change in circumstances can include measures taken through a pandemic, but the illness of the customer of the tourist service or his relatives is not recognized as a significant change in circumstances or force majeure. In this case, travel insurance can be a tool to protect the interests of the customer of travel services.