What rights do I have if I have to cancel my trip due to illness?
June 19, 2024 | 30,00 EUR | answered by Sophia Breitwieser
Dear lawyer,
My name is Marcus Schulz, and I have a question regarding travel law. I recently booked a trip that is supposed to take place in two weeks. Unfortunately, I have recently fallen seriously ill, and my doctor has strongly advised me to cancel the trip as I will not be able to travel.
I have already spoken with the travel agency, but they are demanding a cancellation fee that is almost as high as the total cost of the trip. I am worried that I will lose my money, even though I am unable to travel for health reasons.
I have heard that there are legal regulations that allow me to cancel the trip without high cancellation fees if I am unable to travel for medical reasons. Could you please explain to me what rights I have in this situation and how best to proceed to get my money back?
Thank you in advance for your help and support.
Sincerely,
Marcus Schulz
Dear Mr. Schulz,
Thank you for your inquiry regarding travel law. I am sorry to hear that you are ill and need to cancel your trip. In such a situation, it is important that you know your rights and how to proceed to get your money back.
According to § 651i BGB, as a traveler, you have the right to cancel the trip without cancellation fees if you are unable to travel for an important reason, such as a serious illness. In this case, you must inform the tour operator immediately that you wish to cancel the trip and provide them with all relevant information, such as a medical certificate.
It is important that you make the cancellation in writing and preferably by registered mail with return receipt to have proof of timely cancellation. The tour operator is then obligated to refund you the full price of the trip without charging you cancellation fees.
If the tour operator still demands cancellation fees, even though you cannot travel for medical reasons, I recommend that you seek legal advice to assert your claims. In such a case, you can also contact the consumer protection agency or the Federal Association of Consumer Organizations for support and advice.
It is important that you keep all relevant documents, such as medical certificates, booking confirmations, and correspondence with the tour operator, carefully to be able to prove in case of legal disputes that you had to cancel for medical reasons.
I hope this information helps you and that you can get your money back. If you have any further questions or need legal assistance, I am happy to help.
Best regards,
Sophia Breitwieser
Attorney specializing in travel law
