Green pass for public transport, is there a right to a refund of the season ticket?

Mandatory green pass to get on buses and metro from 6 December in Italy. Right now, therefore, it is possible to take public transport only if you are vaccinated against covid, after contracting the virus and being cured, or even after having undergone a swab. Not having the Green pass therefore means, in fact, not being able to take a bus or the metro. But is there a right to a refund of the subscription? The problem arises for all those who refuse not only the vaccine but also to undergo a swab to obtain the health certification that would allow access to public transport, we read on laleggepertutti.it. Can these people request a refund of the season ticket they paid in advance and which they will not be able to use because they do not have a Green pass? Let’s see what the law says. Green pass public transport: what does the law say? The Green pass for traveling on buses can be obtained: following vaccination or recovery (so-called “Super green pass”); following a negative antigenic or molecular swab (so-called “Green pass base”). This obligation risks paying an economic sanction equal to 400 euros. In summary, for the use of public transport (bus, tram and metro) or private line transport it is necessary to have at least the “basic Green pass”. Green bus pass: can I ask for a refund of the season ticket? “Due to a government measure beyond my control, I can no longer use the transport service I paid in advance. As a result, I want my money back.” This is the request that is reaching practically all the companies entrusted with the management of public or private scheduled transport. Who does not want the Green pass is entitled to a refund of the subscription already paid? Although there is no jurisprudence on this point, it must be assumed that such a request cannot be accepted. Those who do not have a Green pass cannot obtain a refund for the season ticket already paid because no one prevents them from taking the means of transport; by law, it is simply necessary to demonstrate that you are in compliance with the anti-Covid regulations. Those who cannot be vaccinated can validly carry with them the vaccination exemption certificate, which is issued by the competent medical authority to those who, for health reasons, cannot therefore, the reimbursement of the subscription would be legitimate if access to the transport service were completely precluded; This is not the case, given that even those who have not received the vaccine and are not cured of Covid can still get on the bus, showing the basic Green pass following a negative swab or the certification that demonstrates the exemption from vaccination. Green pass: why can’t you ask for a refund of the season ticket? For the moment there are no judgments that have been expressed on the case, but everything suggests that the refund of the subscription price will not be granted. If the reasons set out in the previous paragraph seem fragile, let’s try to reason with the Civil Code in hand. The subscription is nothing more than a transport contract stipulated with the company that manages this particular service. Asking for reimbursement means asking for the termination of the contract due to the unexpected impossibility of the performance. According to the law (art. 1463 of the civil code), when a performance becomes impossible (for example, due to force majeure or a provision of the authority), whoever received the payment is required to return it. anyone who has received a payment for a service that they are not (no longer) able to provide is always obliged to reimburse what they have received. had an accident that prevents him from performing; the reimbursement to which those who have paid a craftsman to build a piece of furniture are entitled to, but the latter can no longer work because his warehouse is on fire; to the buyer who is entitled to a refund of the price paid if the seller, due to a theft he has suffered, can no longer deliver the goods. effects requesting the termination of the contract due to the impossibility of using the service. It is well understood, however, how this is not true and how the two situations are different: the supervening impossibility justifies the termination of the contract (and therefore the reimbursement) because one of the two services has become, in fact, impossible to implement; in the case of the Green pass for transport, however, the service has not become impossible, but simply the law has imposed a specific condition for accessing it. In other words, the reimbursement would be justified only if the service was no longer guaranteed by the transport company; This is not the case, as buses, trams and metro continue to travel the streets of the city, only that to get on there the user must demonstrate an additional requirement other than the season ticket or ticket: possession of the Green pass. This is why, from a legal point of view, there is no right to reimbursement of the season ticket for those who do not have the Green pass for the bus.