In the holiday countries around the Mediterranean, people had hoped for a good summer travel to get tourists back on their feet after the long months of the corona lockdowns. But now the fires are raging, hotels and campsites also had to be evacuated. What rights do holidaymakers have who want to fly to one of the affected regions in the near future? And what about bookings in the coming months? What travelers should know by now.
Can the vacation be canceled free of charge?
Package travelers are best protected under travel law. Smoke and ash in the air, sources of fire very close – that is in the language of the German Civil Code (BGB) “Unavoidable and extraordinary circumstances” which “significantly affect” the implementation of a package tour and therefore give the traveler the right to withdraw from the booking free of charge. “Circumstances are unavoidable and extraordinary when travelers and tour operators cannot control them. This is the case with natural disasters such as volcanic eruptions, forest fires, earthquakes or seaquakes in or in the immediate vicinity of the travel area,” explains Jennifer Kaiser, specialist advisor for digital and consumer law at the consumer advice center Rhineland-Palatinate.
It is important to note that not every holiday to Turkey, Greece or southern Italy can be canceled free of charge. The trip must actually be specifically affected. The location on site is decisive – and not the personal sense of security.
The tour operator can also cancel the trip if it cannot be carried out as planned. The travel price must then be reimbursed within 14 days. The major organizers report that this was not currently necessary because of the fires in southern Europe.
What applies to vacationers who are already on their way?
Even holidaymakers who have already started their trip can invoke package travel law: They can terminate the contract and request reimbursement for the unused services. If arrival and departure were part of the trip, as is the case with most package holidays, the organizer must also organize and pay for the return transport.
Is it also possible to withdraw free of charge if the trip does not start for a few weeks?
Nobody knows how the situation will develop in the coming weeks, when the fires will be extinguished and which regions may still be affected – whether there will still be a “significant impairment”. Therefore, the right to free travel cancellation does not yet apply here. Holidaymakers can of course cancel, but they must expect fees.
What rights do individual travelers have?
Even individual travelers who have booked their flight and accommodation individually get their money back if the service cannot be provided. If the flight is canceled due to the fires, either a replacement must be offered or the money must be refunded. However, there is no compensation, not even in the event of delays due to ash and smoke: Here the airline can refer to extraordinary circumstances that it cannot influence.
When it comes to accommodation, the decisive factor is whether the booking was made on the basis of German law. If the holiday home cannot be occupied, for example because it is in a restricted area, it does not have to be paid for. If you conclude the contract directly with a foreign landlord, you may have worse cards, because then the law of the respective country applies.
Does travel cancellation insurance help?
No, the travel cancellation insurance usually does not cover in unavoidable, extraordinary circumstances. It is intended as protection against individual risks, for example if you fall ill shortly before leaving, lose your job or if a close relative dies.