Musaries in the hotel room, a construction site in front of the balcony or a dirty pool – if the dream vacation becomes a nightmare, travelers do not have to accept this. However, there are certain things to consider in order to make claims for travel defects.
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 can be asserted. However, vacationers only get compensation if they consider certain things. But be careful: According to Stiftung Warentest, the legal regulations only apply to package tours, for example the booking of a performance package from the hotel and flight in the travel agency or online. Self -compiled trips across several different providers are not included, just like booking a holiday home or a holiday apartment. The tenancy law of the respective travel destination usually applies here.
There are these travel defects
The package tour must be as the organizer offered it, the consumer portal continued. If the actual circumstances differ from the contractually recorded travel services, there is a lack of travel. For example, there is vermin in the hotel room or the travelers have to be accommodated in another hotel due to overbooking, compensation can be requested. This is also the case if individual travel parts are not met at all, even if they fail due to force majeure. Small inconvenience must accept vacationers according to travel law. If the tour operator cannot fix the defect, he must offer an equivalent replacement performance. In addition, he must be reduced by the travel price if the replacement performance is not at least equivalent.
Claim for compensation
No tour operator likes to admit their own fault or voluntarily reimburse part of the travel expenses. It is therefore important to complain directly on site when it comes to the tour guide and remedy this. A complaint with the hotel is not enough. However, there should be a reasonable deadline to remedy the defect. However, a period is not necessary if immediate remedies are necessary, according to the “ADAC”. For example, a taxi can be ordered to the airport without a deadline if the flight would be missed due to a bus delay. In addition, the defects should be documented and confirmed by the tour guide. The search for witnesses who complain about the same defects can also be helpful.
If the defects are not remedied on site, money or compensation can be requested in writing by the organizer after returning. You have up to two years for that. The “Frankfurt Table” and the “Kemptener Table” help with quantifying the claims. There, travel law judgments and information can be found there which reduction is common. It depends on the design of the trip and the type of cranged for travel. The percentages defined in the “Frankfurt Table” are not a fixed law in travel law, but they represent a generally recognized 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 one can insist on the corresponding financial compensation. In addition, travel agencies are usually not the right addressees when it comes to compensation claims. The travel agency only has to be liable for defects that it caused. For example, that would be the case if there was a booking error.
Editor finance.net