A one-week package tour was booked in August 2020. It was canceled by the organizer four weeks in advance.
The customers then asked for their money to be returned - so far in vain. In the legal advice of the mobility club such cases occur again and again in which the tour operator does not refund the money, although the trip was canceled by them or the free cancellation was justified by the travelers. “The organizers keep arguing that the airline has not yet reimbursed their part of the travel price to them - and payment to customers can only be made afterwards,” said ÖAMTC lawyer Verena Pronebner. She makes it clear: “This argument is completely irrelevant from a legal point of view. The tour operator is solely responsible and liable for the provision of the services owed, including the flight. "
According to the Package Travel Act, the organizer is clearly obliged to repay immediately, but no longer than 14 days. “The mobility club understands that this deadline could not be met in some cases, especially in the last year that was so challenging for the industry. But there is no question that customers have to get their money back from the organizer as quickly as possible. It cannot be that customers are often put off for months - and they are consciously told the untruth, ”explains the lawyer.
Travel agencies and booking platforms would also act in a similar way in some cases. From a legal point of view, you are not a debtor, but mostly take on the role of vicarious agent of the tour operator - as a result, you too have to repay the wrongly withheld customer monies quickly. Travelers should therefore not be put off but insist on their rights. The lawyers of the mobility club support you in enforcing your claims. ÖAMTC legal advice is free for members, contact at www.oamtc.at/rechtsberatung.