Can I claim compensation if the booked cruise is cancelled?
February 24, 2023 | 40,00 EUR | answered by Alwin Hohenwarter
Dear travel lawyer,
My name is Marie Mühlberg and I have a question regarding a situation that has left me feeling very uncertain. Some time ago, I booked a cruise that I had been looking forward to for a long time. However, I have recently found out that the cruise has been cancelled due to unforeseen circumstances.
I am very disappointed by this news, as I had been eagerly anticipating this trip and had already made some preparations. I am now wondering if I can claim damages in this situation, as I have lost time, planning efforts, and possibly even money due to the cancellation of the cruise.
I am aware that it can often be difficult to claim damages in such cases, as travel companies usually have provisions regarding cancellations and changes in their terms and conditions. Nevertheless, I would like to know if there are any possibilities for me to receive compensation in my case, or if I simply have to accept the situation.
I am worried that I will be left with the costs and that my holiday plans will be completely ruined. Therefore, it would be very helpful if you could provide me with an assessment of what legal steps I can take in this situation and whether I have a chance of receiving compensation.
Thank you in advance for your help and support.
Kind regards,
Marie Mühlberg
Dear Mrs. Mühlberg,
Thank you for your inquiry regarding the cancelled cruise and the possibility of claiming compensation. I understand your disappointment and dissatisfaction with this unforeseen situation and will try to explain to you in as much detail as possible what legal steps you can take in this situation.
In general, travel operators often have regulations regarding cancellations and changes in their Terms and Conditions (AGBs) to protect themselves against unexpected events. In most cases, they are also obliged to refund the travel price already paid to the customer or offer an alternative trip in case of a cancellation. Therefore, it is important that you carefully read and check the travel operator's AGBs to see if you are entitled to a refund in this case.
If the cruise was cancelled due to unforeseen circumstances that are not the responsibility of the travel operator (e.g. natural disasters, political unrest, etc.), it may be difficult to claim compensation. In such cases, there is usually a case of force majeure, for which the travel operator is not liable.
However, there are exceptions where compensation claims can be made. For example, if the travel operator has acted grossly negligent and the cancellation of the cruise is due to their fault, you may be able to claim compensation. It is important that you carefully keep all documents and communication with the travel operator to support your claims.
In any case, I recommend seeking legal advice to assess your legal options and potentially claim compensation. An experienced lawyer specializing in travel law can assist you in enforcing your claims and help you communicate with the travel operator.
I hope this information was helpful and I am available for further questions.
Best regards,
Alwin Hohenwarter
Lawyer specializing in travel law
