مجلة الاجتهاد للدراسات القانونية والاقتصادية (Jan 2022)
Legal responsibility of the State and tourism agencies for the problems resulting from the conclusion of tourism and travel contracts during the Corona pandemic
Abstract
This research aims to show the effects of the Coronavirus (COVID-19) on contractual obligations in the tourism contract. The pandemic caused the cancellation of most tourism contracts in Algeria, specifically, and around the whole world, generally. It caused also losses to tourism and travel agencies, in addition to moral and physical harm to tourists stuck abroad. It has been concluded that Coronavirus is an exceptional circumstance, which is considered as force majeure, under which tourism contracts are cancelled and the tourist agencies are granted exemptions from their responsibility towards the tourist. Therefore, the state takes the responsibility being the issuer of the emergency situation. By enacting legislative provisions that would suspend people’s transportation inside and outside the country, the State must therefore assume its legal responsibility for its legislative provisions, so that, the issue of compensating the damaged parties related to the tourism contract is the state’s responsibility.
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