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Termination of the travel agreement

Situations may arise in which either the travel organizer or the traveller wishes to terminate (cancel) the travel agreement. In such cases, specific rights and obligations apply.

 

Termination of the travel agreement by the travel organizer

The travel organizer may terminate the travel agreement only in serious circumstances. In certain cases, termination may also give rise to an obligation to compensate the traveller.

The travel organizer must apply clear and fair cancellation conditions. Upon termination, the traveller must be informed immediately and in writing, with a clear statement of the reason for termination.

Where the travel agreement is terminated for a reason not attributable to the traveller, the travel organizer is required to offer an alternative trip of equal or better quality.

The proposed alternative must be presented to the traveller, who may choose whether to accept or reject the offer.
If the traveller does not accept the alternative trip, the traveller is entitled to:

  • A refund of the travel price; or
  • A proportional refund, where the trip has already been partly enjoyed.

 

Compensation in case of termination

Termination of the travel agreement by the travel organizer may result in an obligation to pay compensation, including:

  • Compensation for financial loss (material damage) suffered by the traveller; and
  • Compensation for loss of enjoyment of the trip.

 

No compensation owed

No compensation is owed where the travel agreement is terminated because:

  • An insufficient number of participants registered for a group trip, provided this condition was clearly stated in advance in the agreement and/or the general terms and conditions, and the traveller was informed in writing in time; or
  • force majeure, such as natural disasters or political unrest.

Note:
Overbooking does not qualify as force majeure.

 

Termination of the travel agreement by the traveller

The traveller may terminate the travel agreement at any time and with immediate effect. Depending on the reason for termination, financial damage may be payable.

Attributable Circumstances

Where termination is attributable to the traveller—for example due to personal choices or a change of plans—the traveller must compensate the damage suffered by the travel organizer.
Any compensation charged may never exceed the total travel price.

Illness of the traveller or close family members falls within the traveller’s own risk. For this reason, travel insurance is strongly recommended.

Non‑Attributable Circumstances

Where termination is not attributable to the traveller, for example due to force majeure or because essential elements of the trip are changed without the traveller’s consent, the traveller is entitled to:

  • A full refund of the travel price; or
  • A proportional refund, where the trip has already been partly enjoyed.

 

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