The Federal Foreign Office on 17.03.2020 a worldwide travel warning uttered. Because of the existing and growing drastic restrictions in international air- and travel with entry restrictions, Quarantine measures and the limitation of the public is warned not necessary tourist trips abroad. What does this mean for travelers in upcoming vacation packages, with broken Packages, for individual travel services (flight bookings, Accommodation bookings etc.) ?
According to German legal regulations budget travelers can now free cancellation of their trip, which has not yet begun, and within the period of existence of the state of force majeure should be performed, withdraw.
The conditions of an unavoidable circumstance exceptional ("Force majeure") and a significant deterioration of the trip are undoubtedly the travel warning.
In addition, the Spanish Government has from the 20.03.2020 the closure of all accommodation establishments (Hotels, vacation rental properties, Apartments, Camping etc.) disposed.
The tour operator's resignation should be explained and the organizer should short period of a few days to Refund of the paid travel price are asked. Travelers must not altered travel, Accept partial refunds or vouchers.
In case of already occurred and then broken package, the travel contract must be terminated by the tour participants the organizer. The price can be refunded by the tour operator taking into account the to trip interruption benefits provided by that performance. The additional costs for the extraordinary return transportation of the trip participant is the organizer.
Packages Bookings, which at a later period, for the remainder of the year 2020 (Summer, Autumn, Winter) were made, can not be canceled for the time being. Here the further development is to be seen and costly cancellations must be avoided.
Individual Travel Services
There is a right to free cancellation for within the period of existence of the state of force majeure incurred flight bookings.
Official quarantine as force majeure
If the target area or the lodging company asked the authorities quarantined or is that no longer accessible, so it is a case of an unavoidable, exceptional circumstance (formerly known as force majeure). This objective inability to use the property leads, that the hotel owner from his obligation to perform and the guest of his obligation to pay becomes free.
It is for within the period of existence of the state of force majeure a right to free cancellation of accommodation.
a) Travelers, which should have booked the property of a German-language portal on the Internet to contact the intermediary and request on the basis of German law refund.
b) travelers, which the accommodation booked here locally in Spain, is according to the
Spanish legal regulations also entitled to claim a refund. This is to make either the corresponding Spanish agency portal or directly with the landlord claims.
Cancellation of accommodation reservations due to illness or anxiety for the period of the existence of the state of force majeure
The hotel guest cancels his contract concluded with booking accommodation contract, because he is ill or afraid of becoming infected by the corona virus, this does not mean, that the claim for payment of the hotel is omitted. The guest bears as a tourist or a business traveler always the so-called "Using risk" his booked accommodation. The payment obligation is therefore in any involuntary personal prevention. A disorder or anxiety among his personal risk area.
The hotel then still entitled to the agreed accommodation costs, however saved expenses are deducted. However, the accommodation provider may require the guest to the German and Spanish common usage, follow almost all the terms and conditions, lump sum remuneration require the agreed or customary price accommodation.
Claims against trip cancellation insurance exist only in the case of an illness of the traveler before the start of the holiday and not in the case of the travel termination as a result of illness during the trip.
This entry was posted by Dirk Reiling, Lawyer for German and Spanish law, written. Mr. Reiling is a partner of the German-Canary consulting firm S.L. here in La Palma.
Affected like you would like to Mr. Reiling email Dirk.Reiling@gmx.de or by phone at +34 619 63 35 58 log. A statement of the legal expenses insurance is possible.