Forest fires in holiday regions regularly lead to complex legal disputes concerning travel during the summer. The chosen form of travel is the primary factor in the legal assessment. While package holidaymakers are largely protected under EU law through the implementation of the EU Package Travel Directive, independent travelers bear a significantly higher financial risk.
If natural disasters directly threaten the travel destination, cause pollution through smoke, or require evacuations from authorities, package tour law allows for free cancellation before departure, price reductions, and termination during the stay. However, since forest fires are legally classified as unavoidable, extraordinary circumstances, claims for damages against tour operators or airlines are excluded.
In the concrete implementation of EU regulations, a national comparison between Germany and Austria reveals subtle but significant differences in detail. In Germany, the provisions are enshrined in Sections 651a et seq. of the German Civil Code (BGB), while in Austria, the Package Travel Act (PRG) applies. According to Austrian law (Section 10 PRG), travelers can cancel their trip without incurring a cancellation fee if unavoidable, extraordinary circumstances arise at the destination or in its immediate vicinity that significantly impair the execution of the trip or transportation to the destination. Similar to the German Civil Code, the Austrian PRG also obligates tour operators to fully refund payments made within 14 days.
However, significant differences arise with regard to the cancellation of hotel accommodations for individual bookings. While in Germany the German Civil Code (BGB) governs the law of representation and breach of contract, in Austria the General Civil Code (ABGB) and the Austrian Hotel Contract Terms and Conditions (ÖHV) often apply to accommodation contracts. According to Section 1104 of the ABGB, the guest's payment obligation is waived if access to or use of the accommodation becomes completely impossible due to natural disasters such as fire or flooding. However, if the hotel remains accessible and usable, the guest remains obligated to pay under Austrian law, even if arrival is hampered by blocked roads in the surrounding area.
According to both German and Austrian law, a mere abstract fear or a travel warning without direct impact on the specific holiday destination does not constitute grounds for a free cancellation. Legal experts in both countries therefore strongly advise those affected to thoroughly document smoke pollution, official evacuation orders, or infrastructure failures on site. In the case of flight cancellations, the EU Air Passenger Rights Regulation applies equally to individual travelers in both countries, mandating care services and ticket refunds, but excluding compensation payments due to force majeure caused by the fires.