Liability and force majeure
Liability
The travel organizer is responsible for ensuring that the package travel is carried out as agreed with the traveller and in line with what the traveller may reasonably expect.
This requires that the content of the trip corresponds with the agreement (conformity). The agreed content may be set out in a brochure, on a website, or in the booking confirmation.
This includes, for example:
- Accommodation as described (such as a four‑star hotel);
- Planned routes and activities;
- Included services, such as transfers, meals, and excursions.
Where incorrect or incomplete information is provided, or where the travel agreement is modified or terminated, the traveller may be entitled to compensation.
Good practice:
It is advisable that the travel organizer ensures the availability of:
- A 24‑hour emergency contact number; and
- A clear complaints procedure.
Liability in the event of death or injury
Liability for damage resulting from death or personal injury of the traveller may never be excluded or limited, unless a specific treaty or statutory provision expressly permits such limitation.
Where an international treaty or legal rule applies to a service included in the travel agreement, the travel organizer may rely on the same limitation or exclusion of liability applicable to the service provider.
Liability for other damage (such as luggage, delays, missed services)
(such as luggage, delays, or missed services)
Liability may never be limited or excluded where the damage results from intentional or reckless acts or omissions, with knowledge that damage could occur.
Where the travel organizer does not perform the services itself, liability for other damage—such as damaged luggage, missed excursions, or inconvenience (excluding death or injury)—may be limited to a maximum of three times the travel price, provided that no intentional omission is involved.
Where services are deliberately omitted, for example to reduce costs, reliance on any limitation of liability is not permitted.
Good practice:
The travel organizer may consider taking out liability and continuity insurance. Travellers may also be advised to obtain travel insurance.
Force majeure
Force majeure refers to abnormal and unforeseeable circumstances beyond the control of the travel organizer, the consequences of which could not be avoided despite due care.
Examples include natural disasters, political unrest, or unexpected strikes.
Force majeure may affect the extent of the travel organizer’s liability.
