Impact of wildfires on cancellations and refunds of trips (frequently asked questions)
Trip cancellation
Buyers of a travel package
Can I cancel a travel package for which I have already paid and, if so, under what conditions?
The traveller always has the right to cancel a travel package, but usually has to pay a cancellation fee for cancelling. If the trip has to be cancelled because of exceptional circumstances, a travel package can be cancelled without charge. Free-of-charge cancellations of trips are assessed on a case-by-case basis.
Both the tour operator and the passenger may cancel the trip due to unavoidable and exceptional circumstances at or in the immediate vicinity of the destination, if they are likely to affect the realisation of the trip in the agreed way.
Exceptional circumstances include natural disasters such as large-scale wildfires.
If it is not possible to organise the trip due to the situation in the destination country, the tour operator usually cancels the trip, in which case you will always be entitled to a refund. Therefore, it is usually not necessary to cancel the trip yourself. The traveller must be informed of the cancellation without undue delay before the start of the trip.
If my trip is to the other side of the island, which is not directly affected by the fires, am I still entitled to cancel my package trip at no additional cost?
In this case, the meaning of immediate vicinity and how extensive the area in question is must be assessed. The right to cancel does not necessary apply to the whole island. However, the situation may change fast.
A responsible tour operator cancels the trip if there is a risk that the safety of the travellers will be endangered.
Usually, you should wait and see what the tour operator does in the situation. The travel dates are also significant. If there is still time before your trip, you should monitor the situation and see how it develops.
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Buyers of a flight
Can I cancel a flight I have booked myself or change flight tickets at no additional cost?
There is no legislation on consumers’ rights to cancel or reschedule a flight. Your rights depend on whether the carrier’s general terms and conditions and ticket conditions allow you to cancel or reschedule your flight.
In exceptional circumstances, if the conditions and practices of the carrier lead to an unreasonable situation, you may be entitled to a compensation. The amount of the compensation is always assessed on a case-by-case basis.
Can I cancel accommodation I have booked myself?
The option of cancelling a hotel you have booked yourself is only guaranteed if the hotel’s cancellation policy allows for this. You can negotiate any refunds with your hotel. It may be possible to make the cancellation conditions more reasonable for the consumer in some situations.
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Refunds
Buyers of a travel package
Am I entitled to a refund for a package trip that was interrupted because of the wildfires?
There is a defect in the travel services if they do not correspond to what has been agreed. Liability for defects arises even if the defect is caused by exceptional circumstances. The tour operator must endeavour to rectify the defect at the destination and provide alternative services of at least the same standard, where appropriate.
In the case of wildfires, the tour operator may have limited possibilities to rectify the defect or offer alternative services.
- The consumer is entitled to a price reduction, for example if the trip becomes shorter than agreed or if the organised accommodation does not correspond to the contract.
- The consumer is not entitled to compensation for damages, for example for extra costs, if the defect is due to circumstances beyond the tour operator’s control.
How long will I have to wait for the refunds?
In cases of cancelled travel packages, the tour operator must return the money within 14 days of the cancellation of the contract.
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Buyers of a flight
Am I entitled to a refund of the price of a flight cancelled by the airline?
If the airline cancels the flight, the passenger can choose between the refund of the ticket price or a re-routing at a later time.
Depending on the reason for the cancellation, you may also be entitled to standard compensation and compensation for damages.
The airline does not need to pay compensation if it is able to show that the cancellation of the flight was the result of exceptional circumstances that could not have been avoided even if all reasonable measures had been taken. If the reason for the cancellation of the flight is a natural disaster such as a wildfire, the airline usually does not bear any liability.
How long will I have to wait for the refunds?
If the airline cancels a flight that you have booked independently and you choose a refund of the ticket price, the airline must refund the price you have paid within seven days.
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