The new Package Travel Act (PRG) was more omnipresent in 2020 than it has been for a long time. But what is a package tour and what must happen in order to be able to withdraw from the package travel contract - at best free of charge? Package tours are very popular. Because tour operators offer “all-round carefree packages” where you don't have to lift a finger yourself - just go on vacation.

First things first: The Austrian legal basis can be found under this link can be viewed and those that apply in Germany under this link. The EU directive can be found here.

The traveler books various interrelated services, such as accommodation in a hotel and transportation to the destination, for one total price with just one tour operator. This means that he only has one contractual partner - and the advantage that legal disputes are easier to solve, as the court does not have to deal with several parties.

When and under what circumstances can you cancel free of charge?

But what if the start of the trip demonstrably involves dangers or the trip is not feasible at all? The solution can be found in the law: The Package Travel Act (PRG) provides a free right of withdrawal for the traveler "if unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity, which significantly impair the implementation of the package tour or the transport of people to the destination "(Section 10 Paragraph 2).

Conditions must therefore arise that one could neither control nor prevent. These must also have a direct effect on the package tour and significantly impair the services booked. This regularly applies to border closings, airport closures or - recently often in connection with the Covid-19 pathogen - entry bans.

What you absolutely have to watch out for:

In the weeks and months of 2020 it was seen that circumstances and legal regulations can change very quickly. An area that can still be entered today without any problems can be declared a risk area again in a very short time. This is why you have to keep an eye on the time aspect when canceling: You can usually cancel one to a week before the start of the trip without any problems if the above occurs. If the vacation is even further away, you have to be patient. Understandable. Because as quickly as the reason for the cancellation can arise, it can also disappear again quickly.

Are there sample letters?

Yes, very many. Aviation.Direct recommends using the following templates, which are provided free of charge by reputable organizations:

• Sample letters from the Chamber of Labor (Austria)
• Sample letters from the consumer advice center (Germany)

Which points can you turn to if the organizer does not give in or does not react at all?

If legal protection insurance is available, the claim should be submitted. If you receive a positive cover letter, you can go to a trusted lawyer who will give you comprehensive advice and, if necessary, initiate all further steps for you. As a rule, you need the “general contract legal protection” module.

If you do not have legal protection insurance or if you do not get any cover for your case or if you want to rely on the experience of renowned organizations, you can contact your regional office in Austria Labor and in Germany you have the Consumer centers at. Tip: Some unions also offer their members free advice and, if necessary, even legal protection.