Modification of the travel agreement
A travel organizer may wish to modify the travel agreement in respect of an essential element, such as the content of the trip or the price charged.
Such modifications are permitted only under specific legal conditions.
When proposing changes
The travel organizer must take into account the reasonable expectations of the traveller. Relevant considerations include, for example, whether:
- the new destination is comparable;
- alternative accommodation is of equal quality; or
- the modification involves significant additional costs.
Specific rules also apply where the traveller wishes to modify the travel agreement.
Unforeseen problems in the travel package
Unforeseen problems may arise, for example where the booked accommodation is no longer available due to fire or other unexpected events.
In the event of such unforeseen problems, the travel organizer may modify the travel agreement only if all of the following conditions are met:
- The situation qualifies as a special circumstance. As a result of unforeseen problems, changes may be required to the destination, travel dates, accommodation, travel price, travel programme, or transport; and
- The general terms and conditions provide for the possibility of modification in such special circumstances; and
- The travel organizer immediately informs the traveller and presents a clear proposal, such as an alternative itinerary or compensation.
The proposed solution must be presented to the traveller, who may freely decide how to respond.
Increased costs
Where the costs of the trip increase significantly after the travel agreement has been concluded, the travel organizer may increase the travel price up to 20 days before departure, provided that the increase is directly related to:
- Changes in transport costs (for example fuel prices);
- Changes in applicable charges, such as taxes or airport fees; or
- Exchange rate fluctuations.
The travel organizer must explain the calculation of the price increase and provide this information to the traveller in writing.
The proposal must be submitted to the traveller, who may choose whether to accept or reject the proposed increase.
The traveller may choose
Any proposal for modification—whether due to unforeseen problems or increased costs—must be submitted to the traveller for decision.
- Acceptance
Where the traveller accepts the proposal and the trip becomes less valuable as a result (for example due to accommodation of lower quality), the travel organizer must refund the difference in value. - Rejection
Where the traveller rejects the proposal, the travel organizer may terminate the travel agreement. In that case, the traveller is entitled to a refund of the travel price, in whole or in part if the trip has already commenced, and may also be entitled to compensation.
Compensation
Modification of the travel agreement may give rise to an obligation to compensate the traveller, including:
- Compensation for financial loss (material damage); and
- Compensation for loss of enjoyment of the trip.
Any compensation is limited to a maximum of the travel price.
No compensation is owed in cases of force majeure, such as natural disasters or political unrest.
(See also: obligations during the term of the travel agreement.)
Modification at the request of the traveller
Where the traveller requests a modification of the travel agreement, the travel organizer may decide whether such modification is permitted.
Any costs incurred as a result of the modification may be charged to the traveller.
The traveller transfers the travel agreement to another person
The traveller may transfer the travel agreement to another person, provided that:
- The transfer is communicated in time, at least 7 days before departure; and
- The other person meets all requirements of the trip, such as visa, vaccination, or other mandatory conditions.
The travel organizer must be notified of the transfer in writing.
The traveller’s obligations under the travel agreement remain unchanged, including the obligation to pay the travel price.
Any reasonable costs incurred, such as costs for changing names on reservations, may be charged to the traveller.
