What rights do I have if my booked cruise has been cancelled?
July 18, 2024 | 40,00 EUR | answered by Ralf Schlittmaier
Dear Madam Lawyer,
My name is Alice Wolf and I booked a cruise some time ago, which I was really looking forward to. Unfortunately, I have now been informed that the cruise has been cancelled due to unforeseen circumstances. I am very disappointed and wondering what rights I have in this situation.
The cruise was supposed to last for a week and was a long-awaited vacation for me. I had already made all the preparations and was excited to explore new places and relax. Now, I am left wondering what will happen with my booking and whether I can get my money back.
I have already contacted the cruise line, but the communication so far has been unhelpful and I feel left in the dark. My concerns are significant, as the cruise was not cheap and I do not want to simply give up the money. I am wondering if I am entitled to a refund or if there are other ways to enforce my rights as a consumer.
Could you please help me and explain what rights I have as a customer if my booked cruise has been cancelled? Are there any legal provisions that can assist me in this situation? I would be very grateful for your support and a clear assessment of my legal situation.
Thank you in advance.
Sincerely,
Alice Wolf
Dear Mrs. Wolf,
As a lawyer specializing in travel law, I can understand your frustration and disappointment at the cancellation of your long-awaited cruise. In such a situation, it is important that you are informed about your rights as a consumer and know how to proceed to get your money back or make other claims.
First and foremost, I want to emphasize that as a consumer, you are legally protected when it comes to the cancellation of trips. In the event of a cancellation by the cruise line, you generally have the right to a refund of the already paid travel price. This is stipulated in § 651h of the German Civil Code, which states that the tour operator is obligated to refund if the trip cannot be carried out for reasons within its responsibility. Unforeseen circumstances that caused the cancellation of the trip typically fall within the responsibility of the tour operator.
If communication with the cruise line has been unhelpful so far, I recommend that you set a deadline for the refund of the travel price in writing via registered mail with return receipt. If the cruise line does not respond or refuses the refund even after the deadline, you can take legal action. In this case, I suggest you consult a lawyer specializing in travel law to help you enforce your claims.
There is also the option to agree on an alternative date for the cruise or accept a voucher for a future trip. However, this should only be considered if it is an acceptable option for you and you agree to it.
In conclusion, it is important that you assert your claims promptly and do not give up on your money. Stand firm in your demand and do not let the cruise line intimidate you.
I hope this information is helpful to you and wish you success in enforcing your rights. If you have any further questions or need assistance, I am at your disposal.
Sincerely,
Ralf Schlittmaier, Lawyer specializing in travel law
