Image: SPYROS BAKALIS (AFP)
“If, due to unavoidable and extraordinary circumstances, the execution of the package tour is significantly impaired or even impossible, a free cancellation is possible,” says ÖAMTC lawyer Verena Pronebner. This could be the case in the event of natural disasters, such as fires, “regardless of whether there is a travel warning from the State Department.”
However, a free cancellation is only possible if the start of the holiday and the dangerous situation “are close together” and the planned trip “leads exactly to the affected region.” A forest fire on the Greek mainland, for example, will not significantly affect travel to a Greek island.
“If the holiday doesn’t start for two weeks, for example, you have to wait and find out about the current situation at short notice,” says the legal expert. On the other hand, if the holiday is imminent, package travelers should contact the travel company and look for alternatives together.
“The individual health situation of the traveller, for example, is also important in this context,” says Pronebner. If “extraordinary and extreme heat” poses a health risk, some travelers “can definitely cancel free of charge,” says the lawyer. Individual travelers can only cancel their separately booked flight free of charge if the airport area is affected or landing is not possible. Whether a cancellation of the individually booked accommodation is possible depends on the law of the respective country.
Forest fire in the resort: what now?
“If the danger of a natural disaster only occurs at the holiday destination and the trip has to be broken off early, the organizer of a package tour has to organize and pay for the return transport.” A price reduction and thus a reimbursement of part of the travel expenses are then possible. In the case of individual trips, it is advisable to consult the trip cancellation or trip interruption insurance to determine whether the free cancellation of the trip is covered.
Whether it’s a package tour or an individual trip: if a spontaneous return trip isn’t possible due to the airport being closed and you’re stuck in your vacation destination, “the airlines or travel companies have to take on the support services.” The airlines then bear the costs for meals and possibly a hotel stay, for example. Package tour operators usually have to pay the costs on site for a maximum of three nights. In such a situation, Pronebner recommends contacting the airline or tour operator directly at short notice.
Source: Nachrichten
