Natural catastrophes and traveller’s rights

Unforeseen events may occur before or during the trip, as a result of which the traveller may cancel the trip without cancellation costs and the travel organiser may cancel without liability for damages.

• You may cancel the package travel at no cost prior to the trip if there are unavoidable and exceptional circumstances at or in the vicinity of the destination that are likely to prevent the trip from being implemented as agreed.
  • If you were aware of the exceptional circumstances at the time of booking or if the circumstances were foreseeable, you cannot cancel the booking without costs. If the circumstances significantly worsen from the situation at the time of booking, you may have the right to cancel the trip free of charge.
• You may interrupt a trip that has already started if there are exceptional circumstances at or in the vicinity of the destination that are likely to prevent the continuation of the trip as agreed. If you interrupt the trip for justified reasons, you are entitled to a refund for the portion of the trip price that has not been fulfilled.

Exceptional circumstances may include natural catastrophes such as floods, volcanic eruptions, earthquakes, tsunamis, or extensive wildfires.

• Not all conditions that deviate from the norm justify a cost-free cancellation or interruption of the trip. The traveller should be prepared for changing weather conditions at the destination and, for example, significantly high temperatures.
• A cost-free cancellation may be possible if it becomes evident that the temperature at the destination at the time of travel is so exceptionally high that it will be impossible to provide the services included in the trip as agreed or if the temperature poses specific health risks for the traveller. The assessment may also take into account the information that the organiser has provided prior to signing the contract regarding typical temperatures and other weather conditions at the destination.

The organiser also has the right to cancel or interrupt the trip if exceptional circumstances prevent the organiser from carrying out the trip as agreed.

• If the trip cannot be arranged due to the situation in the destination country, the travel organiser will generally cancel the trip themselves, in which case you are always entitled to a refund. Therefore, it is usually not necessary to cancel the trip yourself.
• The organiser must inform the traveller of the cancellation without undue delay before the start of the trip.

In the event of a threat of cancellation or interruption of the trip, follow the information provided by the travel organiser and authorities, and contact the travel organiser if necessary.

How long should I wait for refunds?

If it concerns a cancelled package travel, the organiser must refund the money without undue delay and no later than 14 days from the cancellation of the contract.

Read more

You may have the right to cancel the trip without costs, even if it is still safe to travel to the destination at the time of cancellation.

If you cancel the trip due to the conditions at the destination, you must be able to justify why the implementation of the trip as agreed is likely to be hindered.

Your assessment should be based on facts. You may, for example, refer to possible official announcements and news coverage regarding the development of the disaster situation.

For example:

• If, according to the available information and assessments, your trip is unlikely to be carried out due to the spread of wildfires and you cancel the trip, you may be entitled to cancel the trip free of charge.
• If you cancel the trip out of caution without a justified reason, you may have to pay a cancellation fee to the travel organiser according to the package travel terms. Therefore, it is not advisable to cancel the trip due to unlikely risks.

Generally, it is advisable to wait or inquire about the travel organiser’s instructions first. If there is still time before the trip starts, it is wise to calmly monitor the situation’s development.

Read more

There is a defect in the package travel if the traveller does not receive a service that was agreed upon or if there are deficiencies. The travel organiser’s liability for defects arises even if the defect is due to exceptional circumstances.

The travel organiser is only responsible for the services included in the package travel. You have the right to a price reduction if, for example, the duration of the trip is shortened from what was agreed or if the accommodation arrangements do not meet the contract.

The travel organiser is not responsible if a natural catastrophe complicates the use of other services at the destination.
Since natural catastrophes and their consequences are beyond the organiser’s control, the organiser is generally not required to compensate you for any additional costs incurred as a result of the situation.

Read more

Complaint assistant – Package travel

If your flight is cancelled or significantly delayed due to a natural disaster, you can choose:

• to cancel the flight entirely and receive a refund of the ticket price,
  or
• to be re-routed as soon as possible or at a later date that suits you under similar transport conditions. Please note that in cases of natural disasters, the airline may have limited options to provide re-routing as soon as possible.

If you choose re-routing as soon as possible, you also have the right to care provided by the airline while you wait for your replacement trip.

• The duty of care includes, for example, meals and refreshments in reasonable relation to the waiting time, as well as accommodation if an additional overnight stay is necessary. The airline must also arrange transport between the accommodation and the airport.
• If the airline fails to fulfill its duty to provide care and you have to arrange it yourself, remember to keep receipts for any additional costs and claim reimbursement from the airline. The airline must compensate you for reasonable, appropriate, and necessary expenses.

If the reason for the flight cancellation is a natural disaster, the airline generally does not have compensation liability.

• The airline does not need to pay standard compensation or damages if it can demonstrate that the cancellation was due to exceptional circumstances that could not have been avoided even if all reasonable measures had been taken.
• Such a situation may arise, for example, when a wildfire or volcanic eruption causes the destination airport to be closed or significantly restricts its operations, leading the airline to cancel the flight due to the conditions at the travel destination. Delays in flights are also possible.
  In the event of a flight cancellation or delay, follow the airline’s notifications and contact the airline if necessary.

How long will I have to wait for the refunds?

If it concerns a flight you have booked independently and the airline cancels it, and you choose a refund of the ticket price, the airline must refund the price you paid within seven days.

Read more

Generally, you should not cancel the flight yourself, as doing so may result in the loss of the rights protected by EU regulations for air passengers. The EU regulation protects your rights, for example, when the airline cancels the flight or the flight is delayed.

Your right to cancel the flight or change it to a later date at no additional cost depends on whether the carrier’s general terms and conditions and ticket conditions allow for cancellation or rescheduling. There is no legislation on consumers’ rights to cancel or reschedule a flight.

• Therefore, check the terms and conditions related to your ticket to understand your rights regarding cancellation or changes.
• If, in exceptional circumstances, the carrier’s terms and practices lead to an unreasonable situation for you, you may be entitled to compensation for the price of the flight ticket, even if the ticket conditions do not provide for it. Your right to compensation is assessed on a case-by-case basis. If you were aware of the exceptional circumstances at the time of booking the flight, you cannot claim a modification of the contract.

Read more

You can only cancel the hotel accommodation you have booked yourself if the accommodation provider’s cancellation policy allows for it.

In some situations, it may be possible to negotiate a modification of the cancellation terms and receive a partial refund of the accommodation price. A cost-free cancellation may be possible, for example, in a situation where the hotel’s services have been significantly restricted.

If your trip is at risk of being cancelled or interrupted due to a natural disaster, contact the accommodation provider and negotiate possible refunds.

Read more