What rights do I have if the booked excursion does not take place as described?
June 7, 2024 | 40,00 EUR | answered by Alwin Hohenwarter
Dear lawyer,
My name is Marcus Friedendahl and I recently booked a package holiday which included an excursion. Unfortunately, this excursion did not go as described and I am now unsure of what rights I have as a consumer and how I should proceed.
The situation was as follows: I booked the package holiday through a travel agency, which promised me an excursion to a nearby city. This excursion was supposed to include a guided tour of the city's historical sights. Unfortunately, it turned out that the tour did not take place as described. The tour guide was unfriendly and uninformed, the sights were only superficially covered, and some planned stops were even missing.
I am very disappointed with this experience and I am now wondering what rights I have in this situation. Am I entitled to a refund for the excursion or can I hope for compensation for the missed services? How should I best proceed to address my concerns appropriately?
I am concerned that as a consumer, I am not adequately protected and I want to ensure that my rights are upheld. Therefore, I request your assistance in resolving this matter and in providing possible solutions on how to best proceed.
Thank you in advance for your help.
Sincerely,
Marcus Friedendahl
Dear Mr. Friedendahl,
Thank you for your inquiry regarding your disappointing experience with the excursion during your booked package tour. I am sorry to hear that the excursion did not meet your expectations and you are now unsure of what rights you have as a consumer and how to proceed.
In a situation like the one you described, consumers generally have certain rights that provide them with protection. As a consumer, you have the right to the fulfillment of the contract, meaning that the travel services must be provided as agreed upon in the contract. If the services are not provided as agreed upon, consumers have various options to address their concerns appropriately.
In your case, where the excursion did not take place as described and the services were inadequate, you have the right to a reasonable reduction in the price of the trip. This means that you may be able to receive a partial refund of the price paid for the excursion. It is important that you inform the tour operator about the deficiencies and set a reasonable deadline for improvement. If the tour operator does not respond to your complaint or does not offer a suitable solution, you can insist on a price reduction.
Furthermore, you also have the right to compensation for lost enjoyment of your holiday if the travel defects are significant and affect your vacation. In your case, this could mean that you are entitled to compensation for the lost services if the excursion significantly deviated from the agreement.
To address your concerns appropriately and uphold your rights, I recommend informing the tour operator in writing about the deficiencies and setting a reasonable deadline for improvement. If the tour operator does not respond to your complaint or offer a suitable solution, you can seek legal advice from a travel law attorney to take legal action.
I hope that I have been able to assist you with this information and am available to clarify any further questions you may have.
Sincerely, Alwin Hohenwarter, Attorney
