Can I cancel my trip for free if I get sick?
April 13, 2024 | 40,00 EUR | answered by Fred Kock
Dear travel lawyer,
My name is Luisa Busch and I have a question regarding the cancellation of my booked trip. I recently booked a trip to Spain, which is scheduled to take place in two weeks. Unfortunately, I have been struck by a serious illness that makes it impossible for me to go on the trip. I am currently in the hospital and therefore unable to travel.
My concern now is that I may have to pay high cancellation fees, even though I am unable to travel due to my illness. I have already spoken to the travel agency, but they refer to the cancellation terms in my contract, which state that I can only cancel for free if I have taken out a travel cancellation insurance or if I am unable to travel for another important reason.
However, since I did not take out a travel cancellation insurance and my illness occurred unexpectedly, I am now wondering if there is still a way to cancel the trip for free. Are there any legal regulations that could help me in this case? Or are there other options that I could consider to avoid cancellation fees?
I would be very grateful if you could help me in this difficult situation. Thank you in advance for your support.
Kind regards,
Luisa Busch
Dear Mrs. Busch,
I understand your concern and would like to help you further. In your case, it is important to know that there are legal regulations that allow you to cancel the trip free of charge under certain circumstances. According to German travel law, you generally have the right to withdraw from a package travel contract if it is not reasonable for you to undertake the trip for an important reason. A serious illness definitely falls under an important reason.
In your case, however, it is crucial that you can prove the illness. You can do this, for example, with a medical certificate or a hospital confirmation. It is important that the certificate confirms the severity of the illness and proves that it is indeed not possible for you to undertake the trip. With this proof, you should have a good chance of cancelling the trip free of charge.
It is also important to note that travel organizers often set additional conditions for cancellations in their terms and conditions. However, these conditions must not violate applicable travel law. If the cancellation conditions in your contract seem unreasonable or violate travel law, you can contact a lawyer specializing in travel law to assert your rights.
In your case, I strongly advise you to contact the travel organizer again and provide proof of your illness. If the organizer still insists on the cancellation conditions, you should consult a lawyer to review your rights and potentially take legal action.
I hope this information helps you. If you have any further questions or need legal assistance, I am happy to help.
Sincerely,
Fred Kock
