Package tours: complaints about travel defects correctly

Defects and breakdowns can destroy the joy of vacation and the longed-for relaxation. But travelers don’t have to put up with everything. Depending on the type of trip, claims for damages may be asserted. However, vacationers only get compensation if they observe certain things. But be careful: According to the Stiftung Warentest, the legal regulations only apply to package tours, for example booking a service package consisting of hotel and flight in a travel agency or online. Trips that you put together yourself via several different providers are not included, nor is booking a holiday home or holiday apartment. The tenancy law of the respective travel country generally applies here.

These travel shortages exist

The package tour must be as the organizer offered it, the consumer portal continues. If the actual circumstances deviate from the contractually agreed travel services, there is a travel deficiency. If, for example, there are vermin in the hotel room or if the travelers have to be accommodated in another hotel due to overbooking, compensation can be demanded. This is also the case if individual parts of the trip are not fulfilled at all, even if they are canceled due to force majeure – such as storms. According to travel law, however, holidaymakers have to accept minor inconveniences. If the tour operator cannot remedy the defect, he must offer an equivalent replacement service. In addition, he must reduce the travel price appropriately if the replacement service is not at least equivalent.

claim compensation

No tour operator likes to admit that they are at fault or voluntarily reimburse part of the travel costs. It is therefore important to complain to the tour guide directly on site and to request remedial action. A complaint to the hotel is not enough. However, a reasonable deadline should be set for remedying the defect. However, a deadline is not necessary if immediate remedial action is required, according to the “ADAC”. For example, a taxi can be ordered to the airport without setting a deadline if the flight would be missed due to a bus delay. In addition, you should definitely document the deficiencies and have them confirmed by the tour guide. Finding witnesses who complain about the same deficiencies can also be helpful.

If the defects are not remedied on site, the organizer can request money or compensation in writing after the return. You have up to two years to do this. The “Frankfurt Table” and the “Kempten Table” help to quantify the claims. There you can find travel law judgments and information on which reduction is usual for which defect. It depends on the design of the trip and the nature of the lack of travel. Although the percentages specified in the “Frankfurt table” are not a fixed law in travel law, they represent a generally accepted guideline.

Vouchers and travel agencies

Some tour operators only offer vouchers as compensation. However, these do not have to be accepted, as the ADAC explains. Because you can insist on a corresponding financial compensation. In addition, travel agencies are generally not the right addressees when it comes to claims for compensation. The travel agency is only liable for defects that it has caused itself. This would be the case, for example, if there was an accounting error.

Editorial office finanzen.net

Image sources: IM Photo / Shutterstock.com, Africa Studio / Shutterstock.com

ttn-28