1. If the traveller who is
entitled to reduce the travel price or cancel the trip completey (the requirements
have to be satisfied) due to a travel fault, he can demand compensation
for the resulting financial disadvantages in addition, if and only if the
tour operator caused the defect(s). The tour operator will also be responsible
for the actions of all person that was involved in the fulfillment of the
contract such as employees of his own and partner companies, who fulfilled
individual parts or services as stated in the contract (for example the
hotel in which you stayed in).
In the case of dispute,
it is not the traveller but the operator who has to prove his innocence.
It is especially the responsibility of the tour operator if the faults
are caused or have been caused by faulty preparation, organisation of fulfillment
of the tour or insufficient information.
In the case that the travel
fault was not in the area of influence of the travel operator, he will
not be held liable. This is for example the case of strike, robbery, natural
catastrophies, civil uproar etc.
Examples for liability of the travel operator:
2. If the trip has been
made fully impossible due to the travel operators fault (trip did not take
place or has been reduced in quality by an outstanding high degree), the
traveler can demand an appropriate financial compensation for wasted holidays.
An oustanding high degree
of quality reduction is assumend when a reduction of the travel price of
50% or more can be demanded. A decisive factor is whether or not the purpose
of relaxing could be reached (for example a beach holiday with blocked
beaches). Court decisions are not clear in cases where the traveler gave
up the trip in total or went at a later date. It is however evident that
compensation for "wasted" holidays does not only apply for the working
force but as well for retirees, housewives and students. If the trip is
ended early it will be problematic to judge whether the whole duration
of the trip was wasted or just the time that has not been used for the
trip. Indicators can also be the possibility or lack thereof to use the
remaining time in the sense of a holiday. If an alternative trip is subsequently
undertaken a compensation will regularly denied by courts.
The monetary figures of
the compensation will depend strongly on all circumstances of the individual
case in order to find an appropriate amount of compensation for the traveler.
These includes price of the trip, "weight" of quality reduction, income
of the traveler, etc.
Some courts apply a daily
rate, in most cases around DM 50,00.
Important: There is no right for compensation if the trip has been prematurely ended or reduced in quality due to delay of travelers, delay of luggage or injuries of the traveler.
3. As with all compensation rights, a reduction of the compensation rights will apply if the traveler has partly caused the faults or defects. This can be, for example, the delay in traveller seeking medical treatment of an illness caused by the operator in which causes the symptoms to worsen.