Extreme heat or heavy rainfall are increasingly affecting travellers’ vacation plans. Does the weather entitle holidaymakers to request a refund from the tour operator or to cancel package tours? In principle, package tours can only be canceled free of charge if the tour operator either announces significant changes in service before the start of the trip, for example due to unusually intense heat, or if major travel defects occur during the trip that cannot be remedied. The ADAC points this out in a current report.
Case before the regional court in Frankfurt am Main
The district court in Frankfurt am Main had dealt with the following case (judgment of March 15, 2023, Az. 2-24 O 102/22): A couple had booked a tour of Ecuador in December. Because the announced crater lake could not be seen during a hike due to thick fog, heavy rain prevented the view of the landscape during an excursion and therefore none of the promised wildlife could be seen when crossing the Amazon, the two demanded around 6,000 euros from the tour operator back. The trip had cost 18,000 euros. The court dismissed the lawsuit in large part. The tour operator did not have to point out that December is the rainy season in some regions of Ecuador. According to the court, the travelers could have found that out themselves with a “simple internet search”. The weather conditions were also not part of the booked services of a package tour. If a booked travel service is completely canceled due to the weather, something else applies, according to the judges. The visit to a bat cave had been canceled due to flooding. For this, the LG Frankfurt awarded the travelers a reduction of 10% of the calculated daily travel price. In addition, a reduction for the lack of hot water in the hotel is justified, as is the nocturnal noise pollution on a multi-day catamaran tour, for a day trip being canceled and for the relocation of a destination port. The tour operator must refund the couple a total of 800 euros of the travel price paid. The verdict is not yet legally binding.
Further information
2023-08-11 04:06:11
#Travel #law #price #reduction #cancellation #extreme #weather #conditions
