What are my rights if my package holiday does not meet my expectations?
May 13, 2024 | 45,00 EUR | answered by Ralf Schlittmaier
Dear travel lawyer,
My name is Lorenzo Möller and I recently booked a package holiday that unfortunately did not meet my expectations. I paid a lot of money for this trip and am disappointed with various aspects that do not correspond to the description in the offer.
Firstly, when booking, I was promised accommodation near the beach, however, the hotel is far from the sea. Also, the quality of the food leaves much to be desired and does not meet the standard I expected. Additionally, there were problems with the transfer from the airport to the hotel, causing me to lose a lot of time and nerves.
I am very upset about this situation and wonder what rights I have as a consumer in this case. Can I demand a price reduction or even a refund of the travel price? Are there legal steps I can take to claim my money back or receive appropriate compensation?
I am concerned that my travel experience has been compromised by these deficiencies and would like to know what options are available to me to enforce my rights as a customer. Thank you in advance for your help and support on this matter.
Sincerely,
Lorenzo Möller
Dear Mr. Möller,
Thank you for your inquiry regarding your disappointing package tour. I am sorry to hear that your expectations were not met and that you are dissatisfied with various aspects of the trip. I would like to assist you in this situation and explain your rights as a consumer in the field of travel law.
First and foremost, it is important to know that package tours are regulated by the German Civil Code (BGB). According to § 651a BGB, the tour operator must provide the trip as agreed in the travel contract. This includes ensuring that the services of the trip correspond to the description in the offer. In your case, if you were promised accommodation near the beach and this promise was not kept, there is a defect.
As a consumer, you have various rights in such a situation. For example, you can demand a price reduction if the services of the trip do not meet the agreed standard. The amount of the price reduction depends on the extent of the defect and can be determined individually. In serious cases, if the trip has been significantly affected, you even have the right to withdraw from the travel contract and request a refund of the travel price.
To assert your claims, it is important that you inform the tour operator about the defects and set a reasonable deadline for rectification. If the operator does not provide a remedy, you can consult a lawyer to assist you in enforcing your rights. It is advisable to gather all relevant documents such as the travel contract, invoices, and any photos of the defects to support your claims.
In conclusion, I would like to emphasize that you are protected as a consumer and can enforce your rights in the event of a disappointing package tour. I recommend that you promptly contact the tour operator and clearly state your claims. If you have any further questions or need assistance, I am at your disposal.
Best regards,
Ralf Schlittmaier
Attorney specializing in travel law
