A heat wave has the Mediterranean countries firmly in its grip – the thermometer is also climbing to temperatures above 40 degrees in popular holiday destinations such as Italy, Spain, Turkey and Greece. For some vacationers, the heat becomes torture. We will give you an overview of the rights travelers have if they still want to cancel their vacation because of the heat wave.
Anyone who prefers to spend their holidays on balconies at 40 degrees and more than visit the Colosseum in Rome can no longer cancel their trip free of charge. Of course, vacationers can always cancel a package tour before the start of the trip, but the tour operator can demand compensation, according to the regulation in travel contract law (§651h Para.1 BGB). Although the law provides for free cancellations, this applies to cases in which an event that cannot be calculated for the holidaymaker has occurred. However, heat waves are not uncommon in southern Europe in the summer months – in summer the thermometer there often climbs to over 40 degrees.
If the hotel doesn’t have a pool or the air conditioning fails, it’s usually too late to cancel. However, package holidaymakers do not have to be satisfied with shortcomings, they can demand a reduction in the travel price. Important: Report the defect immediately to the tour operator – if you accept the missing pool for three days, you will not get any money back for these three days, according to Stiftung Warentest. How much the traveler can reduce the total travel price depends on the defect. The ADAC price reduction table offers a good starting point.
Stiftung Warentest recommends reporting defects in writing. The travel documents state who holidaymakers should contact. Anyone who reports defects verbally should do so in the presence of a witness and note his address. Photos of the defects are important evidence in the event of a dispute.
The events for which travel cancellation insurance pays are stated in the small print. However, a heat wave is probably not covered by any insurance. As a rule, the travel cancellation insurance covers the cancellation costs if the holiday has to be canceled due to a serious illness, an accident or the death of a close relative.
If “unavoidable, extraordinary circumstances” occur at the holiday destination that significantly affect the holiday, the traveler has the right to withdraw from the contract free of charge. Exactly what such circumstances are is not further defined in the law. As a rule, however, travel warnings from the Federal Foreign Office are regarded as such circumstances. This is the case with wars, pandemics and terrorist attacks. The Federal Foreign Office also issues travel warnings in the event of natural disasters such as forest fires, earthquakes or floods. In the event of natural disasters, whether tourists can cancel their vacation free of charge also depends on how badly their vacation spot is affected. So whether the trip is actually affected.
If the tour operator changes the trip significantly after the conclusion of the contract, holidaymakers have the option of accepting the new offer or can withdraw from the trip free of charge (§ 651g BGB). Such a change would be, for example, the postponement of departure by several days.
If vacationers have to pay more than eight percent of the originally agreed price for the trip, they can still withdraw from the vacation free of charge (§ 651g BGB).
How high the cancellation costs are depends on the general travel conditions that the holidaymakers have signed. As a rule, the organizers have given staggered rates there. However, a rule of thumb is: The shorter the cancellation, the higher the cancellation costs. Although the legislator stipulates that a tour operator may demand compensation from the holidaymaker in the event of a cancellation without reason – how high this may be is not specified in detail (§651h Para.1 BGB).
The travel contract right in paragraph 651 only applies to package tours. Anyone who books train, flight and hotel individually cannot refer to this, because in this case the contracts are concluded directly with the railway company or the hotel provider. So vacationers have to deal individually with the airline, the hotel provider or the train company. Their cancellation conditions apply here and in the event of a dispute, travelers must assert their rights individually. According to Stiftung Warentest, rental contract law applies to holiday homes and apartments, work contract law to flights and lodging law to accommodation in hotels and guesthouses.
