The four most frequently asked questions about trip cancellations
What you should pay attention to now
April 6, 2020
Can I cancel my upcoming trip free of charge?
Probably the most frequently asked question of all at the moment. In Austria, the federal government has Regulation on the prohibition of entering public places until 14.04.2020 for the time being. Among other things, these restrictive measures provide for exit restrictions for the entire Austrian territory. The Chamber of Labour therefore takes the legal view that you can cancel your travel contract free of charge upon commencement of travel within this period. Moreover, in the following scenarios, according to the Chamber of Labour, free cancellation should be possible in any case:
1. your trip is imminent and the destination is very strongly affected by the virus, so that it is unreasonable to travel there. If there is an official travel warning from the Ministry of Foreign Affairs, according to the AK, a cancellation free of charge should be possible at least from level 4, as foreign travel would then no longer be reasonable.
2. the destination country has an official entry ban at the time of your travel start and you would have to be in immediate quarantine there. This is currently the case in Israel, Italy, India until April 15, 2020 and the USA from March 14, 2020.
If the destination is not heavily affected by Covid-19, a free cancellation may be difficult. If, for example, your hotel is not located in a restricted area, you will probably have to bear the cancellation costs yourself. The Chamber of Labour recommends that you try to obtain a goodwill solution from your tour operator - for example in the form of a free rebooking or cancellation. According to the AK, you can argue that it is unreasonable to travel to this region. State that the basis of the contract has ceased to exist - in this way, you may be able to negotiate a voucher for a later trip. If you have already booked a flight, you should find out directly from your airline whether it is still being operated.
I cannot start my trip because an Austrian authority has imposed a quarantine on my place of residence. Who pays the cancellation costs for my trip?
If you are in an area that you are currently not allowed to leave due to an officially ordered quarantine, it is possible, according to the Chamber of Labour, that the state of Austria will pay for your cancellation costs. However, a clear regulation is unfortunately not available here. The AK recommends that you contact the district administration or the magistrate of your place of residence and obtain individual advice.
My tour operator has cancelled my package holiday and now wants to issue me with a voucher. Should I accept this?
At the moment, many organisers are trying to issue vouchers instead of refunding money for economic reasons. However, the Chamber of Labour is of the opinion that you can demand the payments back. Should you still want to accept the voucher, you can, according to the AK, protect yourself as follows: Demand a written guarantee of insolvency insurance from your tour operator, with the assurance that the issued voucher is covered. This way, you can be sure that you will be paid the value of your voucher in case of insolvency of the tour operator.
Should I rebook or cancel the package holiday I have booked for the Whitsun or summer holidays as a precaution?
Since the situation can change constantly, it is currently difficult to give a blanket answer for trips in the distant future. However, the Chamber of Labour explains arguments for and against precautionary rebooking and cancellation:
According to AK, it would be against the law to cancel your trip now, as cancellation costs may be incurred. If the trip is cancelled by the organiser after your cancellation, you will not be reimbursed for these cancellation costs. However, if there is a State Department travel warning for the area of your destination, you must be able to cancel free of charge (see question 1). Even if due to closed sights or mandatory quarantine the booked content of your package tour would be significantly changed, a free cancellation should be possible according to AK.
However, should the situation improve significantly by the time you start your trip, no free cancellation will be possible. In this case, i.e. if you still do not want to take the trip due to personal fear, you will probably have to bear the cancellation costs yourself, according to AK. And these become more the closer the departure is.
At the end of the day, everyone has to make this decision for themselves.
We hope that this article is helpful to you. If you have any questions, it is best to contact the legal experts at your local Chamber of Labour, your tour operator or the airline directly.
All information is provided without guarantee or claim to completeness.
Picture credits: Unsplash (Capturing the Human Heart; Gabrielle Henderson; Jeshoots.com)
