14-day right of withdrawal for trips booked online
Such a right of withdrawal only applies to (distance selling) contracts concluded, for example, by telephone or online, as well as to contracts concluded outside of business premises, such as “doorstep sales”. “But there are numerous exceptions to this fundamental right. In the case of package tours and transport contracts, you are not entitled to such a general right of withdrawal. Once booked, you are therefore bound by the contract,” explains the ÖAMTC lawyer.
Passport may have expired within the EU for five years
Within the EU and also in the Schengen area, where there are no border controls, a valid travel document must always be carried. There are exceptions to this due to special regulations with Germany or Croatia, for example. “Especially when traveling by plane, an expired passport can pose a problem, since airlines sometimes require a valid passport/identity card for carriage,” says Authried. The driver’s license is also not considered a travel document.
Changed flight times are to be accepted
“When flight times change, you have to differentiate between whether a package tour or just one flight was booked. In the case of package tours, travelers have to agree to significant changes so that they can take effect,” explains the lawyer. However, it is sufficient if the tour operator is informed and the traveler does not object within the reasonable period set. “If only one flight is booked, a change in flight times can under certain circumstances be regarded as a cancellation, for example if it is brought forward by more than an hour a few days before departure – then passengers can demand compensation in addition to the ticket price,” says the ÖAMTC lawyer.
Notification of travel deficiencies upon return is sufficient
Defects that occur in a booked trip must be reported immediately. This applies to package tours as well as to pure hotel bookings. “The contractual partner, i.e. the tour operator or the hotel operator, must be given the opportunity to remedy the situation,” says Authried. If that doesn’t work, or if the request for improvement isn’t met, the lawyer advises: “Be sure to take photos and videos of the defects and write down the names of witnesses.” In the case of package tours, claims for damages may also be asserted after the return in addition to price reductions. In the case of a pure hotel booking, depending on the local legal situation, you are usually entitled to a price reduction.
Source: Nachrichten
