How is the vacation going? Travel law expert Eike Lindinger explains what has changed for vacationers since the outbreak of the pandemic.
Much will be different this year on vacation than before Corona. No matter whether on the Upper Adriatic or in Turkey: The battle at the breakfast buffet has probably been canceled. But the pandemic also spoils any holiday joy.
The question that remains is whether something like this can be claimed from the tour operator as a defect or a lack of holiday pleasure. The KURIER asked Eike Lindinger, author of the annual “Vienna List of Travel Price Reductions”. “No”, says the Viennese lawyer. After all, it must be clear to a vacationer that Corona has also changed the travel world. “Due to the hygiene regulations, snack bars in the wellness area will have to look different than before. The maid won't be able to come up all the time to clean either. “
Different rules of the game
In other words, the rules of the game are changing, also in legal terms. “Corona has become a general life risk,” says Lindinger. “The traffic safety obligation incumbent on the organizer finds its natural limit in the general risk of life.” If it was relatively easy to cancel vacations free of charge when the pandemic broke out, because a pandemic could not be expected at the time of booking, this will no longer be so easy this summer ( unless a corresponding cancellation clause has been agreed with the organizer or landlord).
From Lindinger's point of view, the need for clarification and the duty to provide information in travel agencies are increasing. “You will have to ask someone over the age of 70 whether a trip is even suitable for them and whether they have been vaccinated.” In 2021, no one can expect a vacation to be the same as in 2019. Even if tour operators only have half of them Buses and hygiene measures are on the way, you can not rely on all travelers sitting in the seats assigned to them. Lindinger: “In addition, you have to be prepared for short-term changes, for example if you cannot go to a certain destination on a round trip.”
Even if it felt like nobody was able to go on vacation in the previous year, legal disputes are piling up on Lindinger's desk because of supposedly skidded vacations or sunk down payment costs. An excerpt:
Failed Grado vacation
A family of 4 had booked a mobile home on Grado beach for June 2020, but then did not want to arrive and asked for their deposit back. Reason: Fear of corona infection. The family man flashed the judge. “Because, according to the information from the Foreign Ministry, both entry into Italy and return to Austria would have been possible during the relevant period without quarantine,” explains Lindinger.
It was also argued that staying in a mobile home would not have been at a higher risk of infection than at home. There can therefore be no question of a loss of the business basis. The alleged “Grado vacationer” had no right to a refund of the deposit.
Another but-not-vacationer who had rented an alpine hut for 14 people – without food – last summer was also blown away. He also wanted to withdraw from the contract free of charge with reference to Corona. The court ruled that the traveler himself had decided with whom to go to the hut and that there was no risk of infection with the landlord.
Adventure is adventure
A dispute with a South American traveler resulted in a comparison. He had been vaccinated for 500 euros before the start of the trip and argued after the trip that the vaccinations were not necessary. He relied on information from an authority in the vacation country. The burden of proof lay with the organizer. He should have proven that the information provided by the plaintiff was incorrect.
A couple wanted to experience an adventure in Ethiopia. A safari was booked, accommodation in the military camp, excursions by jeep into the wilderness, no shower, no toilet. After a short time, the man got diarrhea and feared that he was suffering from dysentery. His wife said that she could not take care of him because he stank so badly because of the disastrous hygiene conditions in the camp. There was no compensation, Lindinger knows. The couple should have known what they were getting into on such an adventure vacation.
With corona insurance
If you are planning a trip for the summer or before that, you should play it safe and take out travel insurance that also covers corona effects. These include possible illness before or during the trip, a necessary quarantine or border or hotel closings. Some insurance companies have special additional corona insurance in their luggage, such as the cost of a longer quarantine on site; However, this only applies to countries that are not subject to the Corona travel warning. In general, there are two rules of thumb: firstly, pay attention to the travel warnings from the Ministry of Foreign Affairs, and secondly, package tours are considered less complicated if there are problems with Covid on site.
