As a result of the detection of cases of coronavirus infection in Europe, many consumers wonder whether they can give up a trip purchased from the travel agent or return an airline ticket. Below we present detailed information on consumer rights and obligations of entrepreneurs in such cases.
Coronavirus and exiting the tour
In accordance with the Tourist Events Act, travellers may withdraw from the Tour Agreement for free in the event of inevitable and exceptional circumstances which have a significant impact on the implementation of the package or the transport of travellers to the destination. The consumer may, when giving up the tour, require only reimbursement of payments made and may not seek additional compensation or compensation.
- In the case of any request for withdrawal from the contract, the travel agent must verify that there are grounds for withdrawal. In other words, if there is a real health risk in the place where the consumer planned to go. If so, the office is obliged to acknowledge the traveller's claim. In case of doubts about individual contracts with travel agencies, I encourage the use of free legal assistance provided by municipal and district consumer spokespersons, says President of UOKiK Tomasz Chróstny.
When assessing the risk of the country of destination, information provided by the Chief Sanitary Inspector, the Ministry of Foreign Affairs or the World Health Organisation (WHO) is helpful, these communications may justify to the consumer the occurrence of these sudden and unforeseen circumstances, including the health risks in the country of travel.
Flight tickets
When buying air tickets, there are no specific provisions on the possibility of withdrawing in the case of ‘extraordinary circumstances’. By the time the service is provided, you can, as a rule, change the flight date or even return the flight ticket. However, the carrier may claim that the passenger bears the financial consequences of such changes. These issues – because they are not regulated by their air law – are governed by the regulations of carriers and the tariffs they apply.
- The issue of the return of airline tickets is not as detailed as the departure from the tour with the travel agency. However, there is no doubt that airlines should also behave responsibly and monitor the current situation in order to avoid risks to the health of passengers," added CEO Tomasz Chróstny.
In the event of legal uncertainty, we encourage the use of free consumer advice provided by city and county consumer spokesmen.