FAQ on Corona - Package Travel Law






AKTUELLES



on travel law

frequently asked Questions



INFORMATION



ON TRAVEL LAW IN TIMES OF



CORONA

Travel warning from the Federal Foreign Office (as of 15 July 2020)

“Coronavirus / Covid-19: Travel warning for countries outside the EU or the Schengen area:

As of March 17, 2020, travelers were allowed to cancel at least upcoming trips free of charge. The global travel warning was initially extended until August 31, 2020. However, as of June 15, 2020, it no longer applies to 29 European countries [LINK].

The Federal Foreign Office issued the following worldwide travel warning on 17 March 2020:

"There is currently a warning against non-essential tourist travel abroad."

To the current travel warning

FAQ


Frequently asked questions 

on the legal situation regarding Corona



A global pandemic, travel warnings - and your trip is just around the corner....

Have you booked a trip but are unsure how to proceed in the face of a global pandemic and constantly changing circumstances?





You can find the most important answers here:

To the FAQ
Mouth and nose protection graffiti

On the basic legal situation:

  • Travel cancellation and refund of the travel price due to Corona

    It can be assumed that the current global corona pandemic SARS-V-2 / CoVid-19 is basically to be classified as an unavoidable, extraordinary event (formerly: "force majeure") within the meaning of EU package travel law (according to German law: Section 651h Paragraph 3 of the German Civil Code). This term will be used by the courts when making decisions on many corona cases. It is obvious that this will be based on the interpretation of the previously used term "force majeure". There are also cases in connection with the SARS epidemic in 2003 that have already been classified as force majeure in the past by case law and, for example, the European Court of Justice. A strong indication of such a view are official measures and warnings.

  • My trip is still to come: I have booked a trip abroad within the EU for the summer, but in times of CoVid-19 I no longer feel comfortable going. There is no (longer) travel warning. Can I cancel the trip without additional costs?
      Cancellation of the trip without travel warning
  • When is the tour operator not allowed to charge cancellation fees if I withdraw from the trip?
      Cancellation of the trip without cancellation fees:
  • The Federal Foreign Office has issued a travel warning. In this case, do I have the right to cancel my booked trip without paying cancellation fees?
      Cancellation of trip due to travel warning:
  • I am still undecided whether I should cancel the trip or not, as there are still 4 weeks until my trip begins. There is still a travel warning in place, but what if it is lifted soon? How should I behave now?

    A blanket answer is not possible because the time of cancellation plays a crucial role: If the cancellation is made shortly before the start of the trip (e.g. 14 days before or less) and at this time a significant disruption to the trip is likely even when the trip begins, it may be possible to cancel free of charge. The situation is different, for example, if the cancellation is made 4 weeks or more before the start of the trip. A reliable forecast for the start of the trip, which is still a long way in the future, is hardly possible at this point. If, for example, there is a travel warning or an entry ban, these circumstances can change at short notice. Many tour operators then charge cancellation fees and point out that official relaxations could be made before the start of the trip, making the trip possible. How the courts will classify these facts in the future is currently unclear.

  • The Foreign Office has issued a travel warning. For me as a traveler, this means that the contract with my tour operator is no longer valid and I am not allowed to travel at all.
      Travel warning from the Federal Foreign Office:
  • I would like to withdraw from my travel contract due to the pandemic, but the tour operator only offers me a rebooking or a travel voucher. Am I obliged to agree to this?
      Rebooking or voucher/travel voucher:
  • With the Federal Government's voucher solution, will I now only receive a voucher if I want to cancel my trip?
      Federal Government voucher solution:
  • The Federal Foreign Office has not issued a travel warning for the destination country or has lifted it, but a 14-day quarantine has been ordered upon return/entry into Germany. In this case, can I cancel the trip free of charge?
      Quarantine upon entry into Germany:
  • The Federal Foreign Office does not generally advise against travelling to the destination, but recommends that travellers who are in a risk group in connection with CoVid-19 postpone their trip or do not travel at all. Do I have the right to cancel free of charge if I belong to this risk group?
      Member of a risk group (increased risk of infection):
  • The Federal Foreign Office has announced that it may lift the travel warning, which has been extended "for the time being" until August 31, 2020, for other countries in individual cases. What should I do now if my trip is still pending?
      Early lifting of the travel warning:
  • My tour operator is asking me to pay the remaining amount (2nd instalment). Do I still have to pay this even though it is not yet clear whether my trip can take place at all? If there is a travel warning in place

    The tour operators are entitled to payment of the second instalment shortly before the start of the trip (depending on the terms and conditions, e.g. 30 days beforehand). If there is still a travel warning for the travel destination at this time, the legal situation is currently unclear as to whether the tour operators can insist on the remaining payment.

  • I have cancelled my trip. When will I get my money back?
      Refund period for travel costs:
  • I am already on the trip...: Can I end the trip early?
      Cancellation of the trip:
  • Due to the Corona developments on site, neither the hotel restaurant nor the leisure facilities are available. Can I cancel the trip early and request a (partial) refund of the travel price?
      Reduction of travel price due to CoVid-19
  • The tour operator has included a "Corona clause" in its general terms and conditions, which makes its contractual obligations subject to feasibility. What does this mean for my claims?
      Tour operator’s terms and conditions: “Corona” clause:
  • My travel partner and/or I fall ill with CoVid-19 during the trip. Will we get the travel price back if we cancel the trip early?

  • I have legal protection insurance. Will the insurance cover the costs of a lawyer if the tour operator does not pay?
      Legal protection insurance:
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