What are my rights if I discover significant defects at the holiday destination during a package tour?
May 10, 2022 | 40,00 EUR | answered by Sophia Breitwieser
Dear lawyer,
My name is Robert Germer and I recently booked a package holiday to Turkey. Unfortunately, upon arrival, I found that the hotel where I was accommodated did not meet the promised standards. The rooms were dirty, the food was inedible, and the pool was unusable due to dirt and faulty facilities.
I have already contacted the travel agency and the tour operator several times, but my concerns have not been adequately addressed so far. I feel significantly impacted during my holiday and wonder what rights I have in this situation. Can I demand a price reduction or even compensation? How should I best proceed to enforce my concerns?
I am very concerned that I have already paid for the holiday and will not receive adequate value for it. I would like to know what legal steps I can take to protect my rights as a consumer and to be adequately compensated for the inconveniences I have experienced.
Thank you in advance for your support and I hope for a quick and clear response to my questions.
Yours sincerely,
Robert Germer
Dear Mr. Germer,
Thank you for your inquiry regarding your package trip to Turkey. I am sorry to hear that you were not satisfied with the services provided on site and that your complaints have so far been insufficiently addressed. As a lawyer specializing in travel law, I would like to assist you and explain your rights in this situation.
First and foremost, it is important to know that as a consumer on a package trip, you are legally protected by travel law. If the actual services on site do not match the agreed services in the travel contract, you have various options to assert your rights.
In your case, where the hotel does not meet the promised standards and you feel significantly impaired during your vacation, you generally have the right to a price reduction. This means that you can request a refund of a part of the price already paid, corresponding to the decrease in value of the trip due to the deficient services. The amount of the reduction depends on the severity of the deficiencies.
Furthermore, under certain circumstances, you can also claim compensation for damages. If the deficiencies are significant and substantially affect your travel experience, you are entitled to compensation for the lost enjoyment of your vacation and possibly for any additional costs incurred.
To enforce your rights, it is important that you submit your complaints in writing to the tour operator and request an appropriate solution. Document all deficiencies and inconveniences on site, preferably with photos or witness statements. If the tour operator does not respond to your complaint or does not offer adequate compensation, you can seek the assistance of a lawyer specializing in travel law to litigate your claims.
I hope that my response helps you in this difficult situation and I am available for further questions. Please do not hesitate to contact me if you need further assistance.
Sincerely,
Sophia Breitwieser
Lawyer specializing in travel law
