The reports concerning the spread of the coronavirus (SARS-CoV-2) are currently coming in thick and fast. The virus causes a respiratory disease (Covid-19) that can be life-threatening under certain circumstances.
It is not only China that is affected, not only Asian countries, but also Italy (Lombardy and Padua), Tenerife, and Switzerland – in other words, ultimately all travel destinations that are considered suitable for a relaxed and carefree trip. In these cases, the virus raises a variety of legal issues. People who have booked package holidays are wondering whether it would be better to cancel their planned vacation to a country at risk of the virus.
Currently, tour operators are cancelling trips altogether for fear of the trip going ahead. The cost of the trip is refunded, along with any costs for extra services such as excursions, events, etc. In these cases, the tour operator will also be able to point out the extraordinary circumstance of the coronavirus outbreak, but this also means that claims for lost vacation enjoyment are not valid if the trip is canceled: exceptional circumstances do not allow for claims for compensation for lost holiday enjoyment.
However dangerous the situation may be, as long as the tour operator does not cancel the trip itself, the traveler can of course cancel the trip, as with any other trip, but this is also associated with a financial loss. If the Foreign Office issues a travel warning for the country in question, this is tantamount to the existence of an unforeseeable extraordinary circumstance that justifies cancellation and entitles the traveler to a refund of the tour price. The situation is different with the security advice of the Foreign Office: although it does refer to various extraordinary circumstances, these do not justify cancellation with a claim for a refund of the travel price. To explain: the traveler can and may always cancel: for him, it is interesting whether he then gets the tour price back or not. It is therefore advisable to check the homepage of the Foreign Office at the moment and for the given reason, whether there is a travel warning for this country or a certain region.
Under certain circumstances, travelers who have already reached their destination may be required to quarantine at their hotel or in their neighborhood. Of course, this is ordered according to the respective standards of the corresponding country; however, according to § 31 of the German Federal Infection Protection Act, it can be assumed that such a measure is mandatory and can be enforced.
Here, too, it is crucial whether there are indications that the tour operator has violated his duty of care, which can then trigger claims for damages (material and immaterial). However, if quarantine is only the result of an official order, a claim for a reduction in price may exist for the corresponding days (certainly not 100%, since overnight accommodation, leisure activities and meals still remain), but it could also be dropped due to the existence of an extraordinary circumstance that could not have been foreseen. It depends on the individual case.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.