How do I proceed if the booked trip is canceled due to natural disasters?
December 17, 2023 | 40,00 EUR | answered by Alwin Hohenwarter
Dear Travel Law Attorney,
My name is Xenia Schlüter and I have a question regarding my booked trip, which was cancelled due to a natural disaster. Several months ago, I booked a package trip to the Caribbean, which I had been looking forward to for a long time. Unfortunately, it has now been announced that the trip cannot take place due to a severe hurricane.
The tour operator has informed me that all trips to the affected region are temporarily cancelled and that they will refund my money or offer me alternative travel dates. However, I am unsure of how to proceed in this situation. I was so looking forward to this trip and am disappointed that it cannot take place as planned.
My concerns are that I may not receive a full refund or that suitable alternative dates may not be offered to me. I want to ensure that my rights as a consumer are protected and that I am adequately compensated.
Therefore, my question to you is: What is the best course of action to ensure that I am appropriately compensated in the event of a trip cancellation due to natural disasters and that my consumer rights are upheld? Are there any specific legal regulations that apply in such cases? I would greatly appreciate your expert advice and support.
Yours sincerely,
Xenia Schlüter
Dear Mrs. Schlüter,
Thank you for your inquiry regarding your canceled package tour due to a natural disaster. I am sorry to hear that your long-awaited trip cannot take place as planned. In such cases, it is understandable that consumers are concerned about their rights and compensation options.
First of all, it is important to know that as a consumer, you have certain rights in such cases that are protected by the Package Travel Regulations. According to § 651h BGB, in the event of a tour cancellation by the organizer due to unavoidable and extraordinary circumstances, such as a natural disaster, you have the right to a refund of the paid travel price within 14 days. The tour operator is obligated to refund you the full travel price, even if the trip was canceled due to force majeure.
Furthermore, the tour operator has the option to offer you alternative travel dates. If these dates are not suitable for you or if there are no suitable alternatives, you have the right to cancel the contract and request a full refund of the travel price.
It is important that you make your claims against the tour operator in writing and include all relevant documents, such as booking confirmation, cancellation notice, and payment receipts. If the operator gives you trouble or refuses to grant you the refund, you can seek the assistance of a lawyer specializing in travel law to enforce your claims.
Overall, as a consumer, you have good chances of being adequately compensated if your trip was canceled due to a natural disaster. It is important that you know your rights and actively demand them in order to achieve a satisfactory solution.
I hope this information is helpful to you and I am available to answer any further questions or assist you in enforcing your claims.
Sincerely,
Alwin Hohenwarter
Lawyer specializing in travel law
