Corona Crisis and Travel Law
The Corona crisis has fundamentally influenced travel law and presents travelers and tour operators with numerous legal issues and challenges. In particular, as a result of the COVID-19 pandemic’s impact on national and international travel activities, significant legal questions have arisen concerning package tours, individual travel, cancellations, withdrawal rights, refunds, as well as new legal regulations and ordinances. The following article provides a comprehensive overview of the legal framework, effects, and developments regarding the Corona crisis and travel law in German-speaking countries.
Legal Basis of Travel Law
Package Travel Law (§§ 651a et seq. BGB)
Package travel law is governed by §§ 651a et seq. of the German Civil Code (BGB). A package tour exists when at least two different types of travel services (such as flight and hotel) are offered at an overall price. The legal provisions primarily protect travelers with regard to cancellation, withdrawal, liability for defects, and insolvency protection.
Contractual Agreements for Individual Travel
In contrast to package tours, individual travel occurs when travel services are booked separately. Here, the individual contracts with service providers such as airlines, hotels, or car rental companies apply. The respective general terms and conditions and contractual agreements are decisive.
Effects of the Corona Crisis on Travel Contracts
Requirements for Force Majeure (§ 651h para. 3 BGB)
The onset and spread of the Corona crisis have often been classified by German courts and case law of the European Union as a case of ‘exceptional, unavoidable circumstances’ (force majeure). According to § 651h paragraph 3 BGB, both travelers and operators can terminate the package travel contract free of charge before the trip begins, if unavoidable, exceptional circumstances arise at the destination or in its immediate vicinity that significantly affect the trip.
Right of Withdrawal and Refund Obligation
Travelers who cancel their package travel contract due to pandemic-related circumstances are entitled to a full refund of the travel price. Tour operators may not demand compensation.
Exception: Voucher Arrangements
In spring 2020, the German government permitted the issuance of voluntary vouchers as an exception to avert liquidity shortages among travel providers. However, acceptance was not mandatory for travelers. Vouchers that were not redeemed after an expiration period could be paid out.
Air Travel and Air Passenger Rights
Cancellation and Rebooking
In the event of flight cancellations due to the pandemic, passengers are entitled under EU Air Passenger Rights Regulation (EC) No 261/2004 to claim a refund of the ticket price or receive an alternative transportation at the earliest opportunity. Fines for delays and compensation payments do not apply if the cancellation is due to extraordinary circumstances (such as COVID-19).
Airlines’ Refund Obligation
Airlines are required to refund the full ticket price within seven days if the flight is canceled. Delayed payments or compulsory voucher offers are not permitted.
Cancellation and Rebooking of Individual Travel
The legal situation for individual travelers is more complex:
- Hotel bookings: Cancellations are governed by the respective contractual cancellation conditions and the law of the respective country or federal state.
- Rental cars: The concluded contracts apply here; in the case of official travel warnings, free cancellation may be possible in certain cases.
Effects of National and International Pandemic Regulations
Pandemic-related entry and exit restrictions, quarantine regulations, and government measures count as ‘unavoidable exceptional circumstances’ and often lead to an impairment or impossibility of carrying out travel.
Travel Warning Issued by the Federal Foreign Office
An official travel warning from the Federal Foreign Office for a country or region is often an indication of the existence of extraordinary circumstances. Nevertheless, each individual case is decisive.
Quarantine and Testing Requirements
Quarantine requirements at the destination, upon return, or during transit may be grounds for free cancellation, especially if essential travel components are significantly affected.
Enforcement and Limitation of Claims
The enforcement of claims related to pandemic-induced cancellations is subject to the regular statute of limitations periods. This period is often two years for travel law refund claims, starting from the contractually agreed end of the trip.
European Legal Framework
Directive (EU) 2015/2302 on Package Travel
The EU Package Travel Directive was implemented in Germany through §§ 651a et seq. BGB. It covers provisions on withdrawal, refunds, and insolvency protection and applies to cross-border travel within the EU.
Future and Legal Development
The Corona crisis has led to numerous legal disputes. Various court decisions have strengthened the understanding of exceptional circumstances, refund obligations, and travel law. Future legal developments and statutory adjustments will continue to shape travel law in response to pandemic-related challenges.
See also
- [Pauschalreiserecht in Deutschland]
- [Fluggastrechteverordnung]
- [Vertragliches Rücktrittsrecht]
- [Pandemieverordnungen]
- [EU-Pauschalreise-Richtlinie]
Note: This overview provides a general legal summary on the topic of the Corona crisis and travel law. In individual cases, a review of the specific contractual and factual situation is recommended.
Frequently Asked Questions
Can I cancel my package holiday free of charge if a travel warning has been issued for the destination region due to the Corona pandemic?
If there is an official travel warning from the German Federal Foreign Office for the booked destination at the time of the planned trip due to the Corona pandemic, this is generally considered an ‘exceptional circumstance’ or ‘force majeure.’ According to § 651h BGB, the traveler may withdraw from the travel contract free of charge in this case, as the trip is deemed unreasonable. Package tour operators are legally obliged to refund payments already made to the customer within 14 days—no voucher may be imposed. However, the actual situation on the day of travel is decisive; if there is no travel warning or significant impairment, free cancellation may be excluded. Courts examine in each individual case to what extent specific impairments exist in the destination region due to COVID-19 measures (quarantine requirements, accommodation bans, etc.). Travel to regions with only minor restrictions may not be cancelable under certain circumstances.
Am I entitled to a full refund if the airline cancels the flight due to Corona?
If a booked flight is canceled by the airline as a result of the Corona pandemic—for example due to entry restrictions or official orders—passengers are entitled under Article 8 of the EU Air Passenger Regulation to a full refund of the ticket price within seven days. This applies regardless of whether an exceptional circumstance exists, as the flight is canceled by the airline. Alternatively, the passenger may agree to a rebooking but is not obliged to do so. If only the outbound flight is canceled, the refund claim also applies to a return flight booked as part of the same ticket. It is important that the refund is not replaced by a voucher, unless the passenger voluntarily agrees.
What applies to individual and business travel in the case of Corona-related accommodation bans?
For individual travel, that is, accommodation booked independently, the legal situation is governed by general tenancy law (§ 537 BGB). If accommodation becomes unusable due to an official order (accommodation ban, lockdown) through no fault of the traveler, the obligation to pay the accommodation price generally ceases; amounts already paid must be refunded. These rules fundamentally also apply to business travelers; however, in such cases the purpose of the trip may be assessed to determine whether an alternative arrangement is reasonable. An accommodation provider may not demand an isolated cancellation fee if the provision of the service has become legally or factually impossible.
Am I entitled to compensation if a quarantine requirement is suddenly imposed during the trip?
If, during the stay abroad, new official measures require quarantine at the holiday destination or upon return to the home country, compensation is normally excluded. There is generally no entitlement to additional services from the tour operator, unless the quarantine was demonstrably known as an inevitable restriction prior to departure and was concealed by the operator. If the trip is interrupted due to quarantine measures or if the stay is involuntarily extended, there may, in narrowly defined exceptional cases, be a claim for reimbursement of additional accommodation or return travel costs, particularly if the operator is responsible for safe return transportation.
Do travel insurance policies cover Corona-related cancellations or illness during the trip?
The obligation to provide benefits under travel cancellation and travel interruption insurance depends largely on the respective terms and conditions. Many standard policies explicitly exclude pandemics from coverage, meaning that cancellations due to a travel warning or general pandemic situation are not covered. The situation may differ in the case of a proven individual Covid-19 illness; some policies now offer explicit cover for Corona-related illness or mandated personal quarantine. Therefore, travelers should examine the policy clauses carefully and, if applicable, obtain coverage that includes extended pandemic protection.
What happens if the tour operator files for insolvency as a result of the pandemic?
If the tour operator files for insolvency as a result of the Corona pandemic, the statutory travel security certificate (§ 651r BGB, § 651r para. 1 sentence 1 BGB) applies. This protects package travelers against financial losses by ensuring that a guarantor reimburses travel prices already paid or organizes repatriation. For individually booked single travel services, this insolvency protection usually does not apply. In this case, claims must be registered in the insolvency proceedings, but their realization is uncertain.
Can operators change or shorten the trip afterwards due to pandemic requirements?
The tour operator is generally obliged to provide the contractual services as agreed. However, unavoidable, exceptional circumstances—such as new pandemic requirements at the location—can justify changes to services, such as relocation of the hotel or restrictions on recreational offerings. Any changes must be communicated to the traveler immediately and must not significantly impair the overall character of the trip. In the event of significant changes, the customer has the right to withdraw free of charge. If essential services are no longer provided, the customer also does not have to pay the full travel price or is entitled to a partial refund.
