Reports regarding the spread of the coronavirus (SARS-CoV-2) are currently coming in rapidly. The virus causes a respiratory illness (COVID-19) that can, under certain circumstances, have life-threatening consequences.
It is not only China that is affected, nor just Asian countries, but also Italy (Lombardy and Padua), Tenerife, and Switzerland—in other words, all destinations that are typically considered ideal for a relaxing and worry-free vacation. In these cases, the virus raises a wide range of legal questions. Package tour travelers are wondering whether it might be better to cancel their planned vacation to a country at risk of the virus after all.
Currently, tour operators are sometimes canceling trips entirely out of concern for the trip’s success. The trip price is refunded, and, if applicable, the costs for additional services such as excursions, events, etc., are also reimbursed. In these cases, the tour operator will be able to cite the extraordinary circumstance of the coronavirus outbreak; however, this also means that claims for loss of vacation enjoyment are not valid if the trip is canceled: Extraordinary circumstances do not give rise to a claim for damages due to loss of vacation enjoyment.
Despite the risks involved: as long as the tour operator does not cancel the trip itself, canceling on your own is, of course—as with all trips—possible, but may also result in financial loss. If the German Foreign Office has issued a travel warning for the country in question, this may be equivalent to the existence of an unforeseeable extraordinary circumstance that justifies cancellation with a claim to a refund of the trip price. The situation is similar with the German Foreign Office’s security advisories: these highlight various extraordinary circumstances. A cancellation entitling the traveler to a refund of the travel price requires, in any case, a significant disruption (such as official restrictions or curfews). To clarify: The traveler can and may cancel at any time; the question for them is whether they will then receive a refund of the travel price or not. It is therefore generally advisable, especially at this time and given the current circumstances, to check the Federal Foreign Office’s website beforehand to see if there is a travel warning in effect for that country—or a specific region.
Under certain circumstances, if the traveler is already at the destination, they may be required to undergo quarantine—either at a hotel or in their neighborhood. Of course, this is ordered in accordance with the respective regulations of the country in question; however, pursuant to Section 30 of the Federal Infection Protection Act, it can be assumed that such a measure is mandatory and enforceable.
Here, too, it is crucial whether there are indications that the tour operator has breached its duty of care, which could then give rise to claims for damages (both pecuniary and non-pecuniary). However, if the quarantine is—merely—the result of an official order, a claim for a price reduction for the corresponding days m a y exist (certainly not 100%, since accommodations, leisure activities, and meals are still included), but it could also be waived due to the existence of an extraordinary circumstance that was unforeseeable. This depends on the individual case. In any case, however, you should contact the tour operator or its representative as soon as possible.
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.