If you book a package tour online or offline, even with well-known brands it can happen that a service from a foreign tour operator is purchased. This led to problems due to the inflationary travel warnings, especially when the Austrian government had issued one, but not the German government, for example. The Austrian Chamber of Labor is now seeking a model lawsuit.

The consumer advocates were able to successfully intervene for two women who had canceled their trip due to an Austrian travel warning, but the German operator was of the opinion that only German travel warnings would count, but that is not the case. “The legal situation here is not very clear: foreign tour operators often do not orientate themselves on the travel warnings of the Austrian Ministry of Foreign Affairs, but on those of the Foreign Office in the country of their company headquarters. The AK has therefore introduced a model lawsuit to clarify the legal situation, ”said the Upper Austrian Chamber of Labor in a broadcast.

Travel was booked before the pandemic in Austria

Background: Last February - before the corona virus appeared in Austria - an Upper Austrian had booked a package tour to Portugal for herself and her daughter. The trip was supposed to take place at the beginning of September - immediately before departure, the two women canceled due to a level 6 travel warning issued by the Austrian Foreign Ministry for Portugal. You had already paid a deposit of 364 euros when booking, the total price was 1.039 euros.

The German tour operator refused a free cancellation because the Foreign Office in Germany had not issued a travel warning for the specific region in Portugal, and sent the consumers a cancellation invoice for the remaining amount of 675 euros. That is why the women turned to the consumer protection department of AK Upper Austria.

The organizer paid back with reference to the German judgment

The AK experts referred to a previously pronounced German judgment. This said that it is sufficient for a free cancellation if, based on the overall situation, it can be assumed that the virus will spread with a certain probability and that there is a risk of infection as a result. In response to AK intervention and the reference to this judgment, the free cancellation was ultimately accepted.

But that was not the end of the matter for consumer advocates. Because other foreign tour operators are also adamant on this issue. “We are of the opinion that the travel warning issued by the Austrian Foreign Ministry must apply to Austrian citizens - and not that of the Foreign Ministry of the country in which the organizer is based,” explains AK President Johann Kalliauer. In order to clarify this legal issue, the Chamber of Labor filed a model lawsuit against a Spanish tour operator at the Traun District Court.