What are my rights in case of defects during a package tour?
February 25, 2022 | 40,00 EUR | answered by Alwin Hohenwarter
Dear travel law attorney,
My name is Jonas Schreiber and I recently booked a package holiday that unfortunately did not meet my expectations. During my stay at the hotel, there were several deficiencies that affected my holiday. Firstly, the room was not as described and did not have a functioning air conditioning. Additionally, the quality of the food was poor and there were issues with the cleanliness of the hotel.
These deficiencies significantly impacted my holiday and I am wondering what rights I have in this situation. Can I demand a reduction in price or compensation? How should I proceed to assert my rights? Should I contact the travel organizer directly or is it advisable to take legal action?
I am concerned that my complaints may not be taken seriously or that the travel organizer may not be willing to fulfill my claims. Therefore, I would greatly appreciate it if you could provide me with your assessment of my situation and suggest possible solutions.
Thank you in advance for your assistance.
Sincerely,
Jonas Schreiber
Dear Mr. Schreiber,
Thank you for your inquiry and your trust in my expertise in the field of travel law. I am sorry to hear that your package holiday did not meet your expectations and that you were confronted with several deficiencies that affected your vacation. It is understandable that you are upset about the situation and wish to assert your claims.
In such a situation, as a traveler, you generally have the right to a reasonable reduction in the price of the trip or even compensation, depending on the severity of the deficiencies and their impact on your vacation. The tour operator is obliged to provide the travel service in accordance with the contract, and if this is not the case, you as a customer have rights that you can assert.
First, you should submit your complaints in writing to the tour operator and request an appropriate response. Document all deficiencies and inconveniences, preferably with photos or witnesses, to support your claims. Give the tour operator a reasonable deadline to rectify the deficiencies and make it clear that you demand a price reduction or compensation if your complaints are not taken seriously.
If the tour operator does not respond to your complaints or rejects your demands, you can take legal action. In this case, I recommend seeking legal advice to enforce your rights. A travel law attorney can assist you in asserting your rights and help you obtain appropriate compensation.
It is important that you assert your claims promptly, as you must submit your complaints to the tour operator within a month after the contractually stipulated end of the trip. The more precisely you document the deficiencies and the more specific your demands are, the better your chances of receiving appropriate compensation.
I hope my information can help you in asserting your claims. If you have any further questions or need legal assistance, I am at your disposal.
Best regards,
Alwin Hohenwarter, Attorney specialized in travel law
