Ship and ferry traffic

The tour operator must correct the defect in the travel service without incurring any costs or material inconvenience for the traveller. For example, if a traveller is moved to a more expensive hotel due to defects in the accommodation, the traveller does not have to compensate for the price difference or transportation to another hotel.

In general, the tour operator must correct the defect immediately. If an immediate correction is not necessary, the defect must, however, be corrected within a reasonable period of time defined by the traveller. The reasonable deadline depends on the quality of the defect and its significance to the traveller.

• If it is impossible to correct a defect or unreasonable costs are incurred by the tour operator, the tour operator has the right to refuse to correct the defect.
• If the tour operator refuses to correct the defect, the traveller is entitled to a price reduction and compensation for damages. Travellers may also correct the defect themselves and require the tour operator to pay for the costs incurred.

If a significant part of the travel services cannot be arranged as agreed or the traveller’s return to the place of departure of the trip is not realised as agreed, the tour operator must offer alternative arrangements suitable for continuing the trip.

A discount may be considered if, for example, the defect has not been rectified without delay at the operator’s own expense, or if it is not possible to rectify the defect.

The traveller has the right to an appropriate price reduction for the time during which the tour operator’s performance was defective.

The price reduction must be appropriate. When calculating the price reduction, the starting point is the total price of the travel package, not the price of the individual travel service that contained the defect.

There is no right to a price reduction if the tour operator proves that the defect was caused by the traveller.

Insignificant changes in the implementation of a travel package contract do not justify a price reduction.

Before the trip

Travellers have the right to cancel a travel package contract at any time before the start of the trip.

The traveller need not inform the tour operator about the reason for the cancellation.

A tour operator may generally charge the traveller an appropriate and justified cancellation fee if the traveller cancels a travel package contract. Exceptions to this include exceptional circumstances (for example at or near a travel destination, military action, terrorism, natural disaster or strike) resulting in the cancellation of the trip or a presumably significant defect in the tour operator’s performance.

If after the agreement the price increase accounts for more than 8% of the total price of the travel package, the traveller has the right, without a cancellation fee, to cancel the contract within a reasonable time after being informed of the increase.

If the tour operator significantly changes any of the main features of the trip, the traveller has the right to cancel the contract, without a cancellation fee, within the time limit set by the tour operator.

During a trip

If the defect significantly affects the realisation of the travel package and the tour operator fails to correct the defect within a reasonable time set by the traveller, the traveller has the right to cancel the contract.

If the traveller terminates the contract, he/she has – in addition to the price reduction and damages – the right to return transport corresponding to the travel package contract.