Am I entitled to compensation if my tour guide did not show up?
August 18, 2022 | 40,00 EUR | answered by Fred Kock
Dear lawyer,
I am contacting you because I recently booked a package holiday and during my stay, the tour guide did not show up. My name is Christiane Rademacher and I booked a two-week trip to Spain with a reputable travel agency.
The initial situation was that I was looking forward to a guided tour to explore the sights of the region. Unfortunately, the tour guide did not show up at the agreed meeting point and I had to spend the day alone without participating in the planned activities. This significantly affected my holiday experience and I am wondering if I am entitled to compensation.
I am concerned because I paid a lot of money for the package holiday and feel that the lack of the tour guide's services deprived me of an important experience. I also feel abandoned and wonder if the travel agency is responsible for this inconvenience.
Can you please inform me about the legal options I have to receive compensation for the missing tour guide? Are there specific regulations in travel law that govern my case and justify my claims? I would be very grateful for a legal assessment and possible solutions to successfully pursue my concerns.
Thank you in advance for your assistance.
Sincerely,
Christiane Rademacher
Dear Mrs. Rademacher,
Thank you for your inquiry regarding the missing tour guide during your package trip to Spain. I am sorry to hear that your holiday experience was affected by this. I would like to assist you further by providing a legal assessment and possible solutions.
According to German travel law, as a traveler, you have certain rights when there are defects or problems during your package trip. A tour operator is generally obligated to provide the services agreed upon in the contract. This includes providing a tour guide if one is included in the travel package.
In your case, it is clear that the tour guide did not show up, which constitutes a defect. Since you booked the trip under the condition that a guided tour is included, you have the right to demand that this service be provided. Since this did not happen, you are entitled to a reduction in the price of the trip. This means that you can claim back a portion of the price paid to compensate for the lost benefits.
Furthermore, you could also request compensation for any inconvenience and missed holiday enjoyment. This claim arises from § 651n of the German Civil Code and depends on the severity of the defect and the impact on your trip. Since you had to spend the day alone and therefore could not participate in the booked activities, compensation is certainly justified.
To assert your rights, I recommend that you first contact the tour operator in writing and explain the incident. Demand a reasonable reduction in the trip price and compensation for the inconvenience caused. If the tour operator does not respond to your concerns or offer a satisfactory solution, you may consider taking legal action.
Overall, it is important that you clearly communicate your rights and seek legal advice if necessary to successfully enforce them. I hope my assessment helps you and I am available for any further questions.
Sincerely,
Fred Kock, Attorney
