Decree-Law No. 17/2020 of 23 April
of 23 April
Summary: Establishes exceptional and temporary measures related to the tourism sector, in the context of the COVID-19 pandemic. On March 18, the State of emergency was declared by the President of the Republic, based on a situation of public calamity, through the Decree of the President of the Republic no. 14 -A / 2020, of March 18, having the declaration of a state of emergency been renewed through the Decree of the President of the Republic no. 17 -A / 2020, of 2 April. In view of the exceptional context that is currently being experienced, the Government has been adopting exceptional measures, in light of the new issues that are being identified and related to consumers, companies, economic operators and citizens in general, being subject to weighting and permanent reassessment. In view of the above, in order to adapt the measures meanwhile approved by the Government to effectively prevent the proliferation of contagion from COVID -19 to the needs of Portuguese citizens, it was urgent to make improvements regarding travelling, and to approve a set of measures, taking into account the constraints caused in the tourism sector. Therefore, it is important to implement a specific regime for trips organized by travel and tourism agencies, the cancellation of reservations in tourist accommodation establishments and the relations between travel and tourism agencies, tour operators and tourist accommodations and local accommodation establishments. This regime seeks to find a balance between the financial sustainability of economic operators and the rights of consumers, which, despite the current context, cannot be suppressed or eliminated. To this extent, even though some of the consumers' rights may undergo temporary changes, the instituted regime offers different protection for consumers who are unemployed and, as such, in a state of special vulnerability. In some aspects, consumer rights have even been strengthened, offering them guarantees not expressly provided for under normal market conditions. Thus: Under the terms of paragraph a) of paragraph 1 of article 198 of the Constitution, the Government decrees the following:
Article 1 Object This decree-law establishes exceptional and temporary measures relating to the tourism sector, within the COVID -19 pandemic.
Article 2 Scope of application The provisions of this decree-law apply to trips organized by travel and tourism agencies, to the cancellation of reservations in tourist accommodations and local accommodation establishments and to the relations between travel and tourism agencies, operators of tourist entertainment and tourism accommodations and local accommodation establishments. No. 80 April 23, 2020 Page 4 Diário da República, 1st series
Article 3 Travel organized by travel and tourism agencies 1 - Travel organized by travel and tourism agencies, the date of which takes place between the period from March 13, 2020 to September 30, 2020, which are not carried out or which are canceled due to a fact of the outbreak of the pandemic COVID -19, grant, exceptionally and temporarily, for the purposes of complying with the provisions of paragraphs 4 and 5 of article 25 and in paragraph 4 of article 27 of Decree -Law No. 17/2018, of 8 March, the right for travelers to choose: a) For the issuance of a voucher of equal value to the payment made by the traveler and valid until December 31, 2021; or b) By rescheduling the trip until December 31, 2021. 2 - The voucher referred to in paragraph a) of the previous number: a) It is issued at the order of the bearer and is transferable by mere tradition; b) If used for the same trip, even on a different date, the insurance that was contracted at the time of purchase of the travel service is maintained; and c) If not used by December 31, 2021, the traveler is entitled to a refund within 14 days. 3 - If the rescheduling provided for in paragraph b) of paragraph 1 is not made until December 31, 2021, the traveler is entitled to a refund, to be made within 14 days. 4 - In the case of travel by finalists or similar, provided for in article 11 of Decree -Law no. 10 -A / 2020, of 13 March, in its current wording, travelers can choose any of the modalities provided for in paragraph 1 of this article, the regime provided for in the preceding paragraphs being applied to them. 5 - The non-compliance attributable to the travel and tourism agencies of the provisions of the previous numbers allows travelers to activate the travel and tourism guarantee fund, under the terms provided for in Decree-Law No. 17/2018, of 8 March. 6 - Until September 30, 2020, travelers who find themselves unemployed may request reimbursement of the entire amount spent, to be made within 14 days.
Article 4 Cancellation of reservations in tourist resorts and local accommodation establishments 1 - Reservations for accommodation services in tourist resorts and in local accommodation establishments located in Portugal, with or without complementary services, made directly by the guest in the resort or establishment or through online platforms, for the period from March 13, 2020 to September 30, 2020, which are not carried out or are canceled due to a state of emergency in the country of origin or in Portugal, or also, with the closure of borders attributable to the outbreak of the pandemic COVID-19, in the form of non-reimbursement of the amounts paid, grant, exceptionally and temporarily, the right of guests to choose: a) For the issuance of an equal voucher value for the payment made by the guest and valid until December 31, 2021; b) By rescheduling the accommodation service reservation until December 31, 2021, by agreement between the guest and the tourist resort or the local accommodation establishment. 2 - The voucher referred to in paragraph a) of the previous number: a) Is issued at the order of the guest and is transferable by mere tradition; No. 80 April 23, 2020 Page 5 Diário da República, 1st series b) Can be used by those who also present it as a principle of payment for services of higher value, according to the availability of the accommodation or establishment and under the conditions applicable on the new intended dates; c) If not used by December 31, 2021, the guest is entitled to a refund, to be made within 14 days. 3 - If the rescheduling provided for in paragraph b) of no. 1 is not carried out by December 31, 2021, due to lack of agreement between the tourist resort or the local accommodation establishment and the guest, the guest has the right to be reimbursed the amount paid when canceling the reservation, to be made within 14 days. 4 - If the rescheduling is done in a date on which the applicable tariff is below the value of the initial reservation, the difference must be used in other services of the tourist resort or local accommodation establishment, and will not be returned to the guest if he does not use it. 5 - Rescheduling can only be done directly with the tourist resort and local accommodation establishment. 6 - The provisions of this article are not applicable to refundable reservations, in which case the rules for the cancellation of tourist resorts and local accommodation establishments must apply. 7 - The provisions of paragraph 1 apply to the reservation of accommodation services in tourist resorts and in local accommodation establishments located in Portugal, with or without complementary services, made through travel and tourism agencies that are not covered by the terms of the previous article. 8 - Until September 30, 2020, guests who are unemployed can request a refund of the entire amount spent, to be made within 14 days.
Article 5 Relationships between travel and tourism agencies, tour operators and tourist resorts and local accommodation establishments 1 - Reservation of accommodation services in tourist resorts and in local accommodation establishments located in Portugal, for the period from March 13, 2020 to September 30, 2020, carried out by travel and tourism agencies or tour operators, Portuguese or international operating in Portugal, which are not carried out or which are canceled due to a state of emergency decreed in the country of origin or in Portugal or even with the closure of borders attributable to the outbreak of the pandemic COVID -19, in the form of non-reimbursement of the amounts paid, grant, exceptionally and temporarily, these operators the right to credit of the unused value. 2 - The credit must be used to settle costs with any other service reservation with the same tourist resort or the same local accommodation establishment, on a date defined by the travel and tourism agency or the tourist entertainment operator, subject to availability of accommodation services, until December 31, 2021. 3 - If the tourist resort or local accommodation establishment is not available for multiple dates requested by the travel and tourism agency or the tourist entertainment operator until December 31 2021, the travel and tourism agency or tour operator can request a refund of the credit to be made within 14 days. 4 - If the travel and tourism agency or the tourist entertainment operator are unable to make a new reservation to be service of accommodation in a tourist resort or in a local accommodation establishment located in Portugal, until December 31, 2021, the deposit amount must be returned within 14 days after this date. Diário da República, 1st series www.dre.pt No. 80 April 23, 2020 Page 6
Article 6 Entry into force This decree-law enters into force on the day following that of its publication. Seen and approved by the Council of Ministers on April 16, 2020. - António Luís Santos da Costa - Pedro Gramaxo de Carvalho Siza Vieira. Enacted on April 17, 2020. Let it be published. The President of the Republic, MARCELO REBELO DE SOUSA. Countersigned on April 21, 2020. The Prime Minister, António Luís Santos da Costa. 113199918
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