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The epidemiological emergency caused by COVID-19 led the Italian Government to adopt a series of measures to contain the contagion, which had a serious impact on tourism, the sector most affected by the emergency. The restrictions on the movement of people have inevitably had an impact on the activities of tourist businesses, which have in fact reduced their production to zero, and on the rights of buyer of packages travel already sold, due to the prohibition of any type of travel that is not justified by proven occupational needs, situations of necessity or health reasons. In this period of extreme urgency, the protection granted to the traveler by the ordinary national legislation, the Italian Tourism Code, seems to be challenged by art. 88 bis of the Annex to law 24 april 2020 n° 27 converting the d.l. 17 march 2020 n° 18 ?Cura Italia? which, substantially, limits the protection granted to the purchaser of the package with respect to the rules of the Italian Tourism Code, and with respect to the requirements of Directive EU 2302/2015 on package travel and linked travel arrangements, creating a broad debate regarding the remedial profiles available if, due to the health emergency, they are unable to enjoy the trip.
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