FAQ Coronavirus

If the trip is to take place later than in about a week, it is legally unclear whether you can withdraw from the contract now free of charge. The further away the departure is, the less likely it is. Nevertheless, we recommend contacting the tour operator or possibly the travel agency and clarifying whether an amicable solution can be found.

If a travel warning by the Austrian Ministry of Foreign Affairs has been issued or announced, we recommend arguing with it. There is no clear legal entitlement to reimbursement. Only the courts can ultimately decide whether there is a chance of reimbursement in this case.

Part of the contract is only the conveyance itself - it is not part of the contract that I can enter or stay in the country. The airline did not promise you that in the contract. As long as the airports themselves are open and remain open, airlines can fulfil their part of the contract. Austria has now issued an official travel warning and we recommend arguing with this.
From a legal point of view, however, it is unclear whether this argument can be used to cancel the contract free of charge. If the airline is not prepared to reimburse the costs, we do not see any chance of enforcing this out of court (this will have to be clarified by a court). You at least have the right to get a partial refund of the taxes and fees if the flight takes place and you do not use it.

Since in your case the booked services could not be provided (closed hotel, cancelled flights), the tour operator may not charge a cancellation fee - if this was already known at the time of the final payment and you had not already cancelled yourself.
A cancellation fee is to be regarded as lump-sum compensation. As long as the tour operator does not incur any damage, a cancellation fee is therefore not permissible. You do not have to pay it and can demand the refund of the deposit.

• Yes - if the destination is suprisingly very badly affected by the virus, making it unreasonable to go there.
• Yes - if I am officially banned from entering that country or would have to go into immediate quarantine. However, this may also depend on the "foreseeability" at the time of booking (see below for more information).
• No - if the destination is not severely affected.

If you cancel now, there is a cancellation fee. However, the earlier you cancel, the lower the cancellation fee. If it is unacceptably dangerous at the destination shortly before the start of the trip, or if the tour operator even cancels the trip on its own initiative, you may have paid the cancellation fee pointlessly. In these cases you could have cancelled free of charge and it is legally unclear whether you can then claim back a previously charged cancellation fee.
Whether you can cancel free of charge also depends on the type of trip (party trip/music festival or family holiday) and cannot be answered conclusively due to the lack of current supreme court rulings.

• According to the old legal situation, a free cancellation was only possible one week before the start of the trip, if the situation could not be foreseen at the time of booking.
• According to the current legal situation, it depends on whether there is a considerable probability that the trip will be significantly impaired (no case law according the timeframe and the predictabilityavailable yet).
• If it is already clear that the trip definitely cannot take place because, for example, a 1-month entry ban has been imposed, you can already cancel free of charge in any case.

No, if you had the right to withdraw free of charge (see above), then you are basically entitled to money. If it was goodwill, a voucher is fine.

However, due to the Corona pandemic, some countries have enacted special laws that allow companies to offer vouchers - for example in Italy. It must therefore be checked in each individual case which law applies and what the legal situation is in the respective country. Another problem is that these national laws regarding vouchers contradict the Package Travel Directive.

It is usually agreed that clients pay about 20% of the price and the rest shortly before departure in order to receive the travel documents. Since you have concluded a valid contract, you must always pay the balance as long as it is not certain that the trip cannot be carried out. Clarify whether you will receive the travel documents immediately after payment. The law requires tour operators of package tours to have insurance against insolvency. Ask the travel company about this. If it becomes known after your booking and before you have paid the remaining amount that the financial situation of the travel company/hotel is at risk, you have the right to refuse payment - and thus the consideration - for the time being (plea of uncertainty according to § 1052 sentence 2 ABGB).

Yes, the package tour cannot be carried out as booked. A quarantine of several days is a substantial change. The prerequisite is, of course, that the mandatory quarantine applies on the date of your planned arrival. If this is still unclear, you would have to wait or cancel with costs.

Yes, the package tour cannot be carried out as booked.

If it is a significant change, no. Reply to the tour operator in writing within the set time limit that you do not accept the new itinerary and that you are therefore withdrawing free of charge.

Yes. In the case of a package tour, the responsibility for the return transport in such a case lies with the organiser. In this case, the Republic of Austria has only stepped in for this omission, so to speak.
You therefore have a claim for reimbursement against the tour operator.

One thing is clear: You do not have to accept a voucher, you are entitled to an aliquot refund of the travel price. If the amount seems too low, you should check whether the amount offered is correct. In any case, the basis for calculation is the total price including the flight. 

The situation is generally quite uncertain with regard to travel warnings, entry and exit regulations and quarantine orders. Anyone booking a trip now is taking a certain risk. There is a lot to be said for booking at short notice in the coming months and always keeping a close eye on the cancellation conditions. Many tourism companies have now relaxed the usual cancellation conditions or advertise free cancellation options.

Again and again we receive similar enquiries where, for example, German tour operators refuse a free cancellation in such cases and argue that the German government has not issued a travel warning. The tour operator is from Germany and therefore what the Foreign Ministry from Germany says should apply. The fact that you live in Austria, are an Austrian citizen, booked from Austria and that the organiser knew all these facts by providing your details when you booked, means that the organiser has to accept responsibility for this. We are of the legal opinion that the Austrian Ministry of Foreign Affairs is responsible for your safety and that the organiser of the package tour has to abide by what the Ministry of Foreign Affairs of the country the consumer comes from says. In our opinion, one can therefore argue in such cases according to § 10 para 2 of the Package Travel Act that one can withdraw from the package free of charge. It is not clear so far, if the foreseeability at the time of the booking can play a role.

In the EU, there is the Package Travel Directive (Directive 2015/2302) which was implemented in Austria in the Package Travel Act and the Package Travel Ordinance. These laws have not been amended and therefore it is still the case that a tour operator needs cover in case it cannot provide its services as a result of insolvency.

If you have not yet paid a deposit for your booked trip and this is now being demanded, we advise you to be attentive. If there is now a new insurer (e.g. ÖHT), we assume that outstanding deposits may only be demanded in the amount of 20%. More may only be demanded 20 days before the start of the trip. If you are asked to pay more, we advise you to be careful and to clarify exactly what the conditions of the insolvency insurer of your package tour operator are and how high the percentage is that is covered in case of an emergency.

According to Art. 8 of the Air Passenger Rights Regulation, the airline has to pay back the flight costs to you within 7 days in this case. Despite this short deadline, many consumers are still waiting for their money. If you have paid by credit card or an online payment service such as Paypal, we advise you to contact the credit card company/online payment service and request a chargeback of the flight costs. It is important here that you enclose the booking confirmation, credit card statement, cancellation confirmation from the airline and your refund request to the airline. However, the refund of flight costs is subject to deadlines (usually 120 days from the date of service, booking on 20.3.2020, flight on 26.5.2020, 120 days from 26.5.2020). It is advisable to enquire with the respective credit card company about the complaint periods. The refund of the collected amount should then normally take place, since the airline as the payee has already confirmed that it cannot provide the service (the flights). The refund request must be distinguished from additional insurances (trip cancellation insurances) taken out via the credit card. Whether insurance claims exist here must be checked separately.

Reclaim the ticket price in money and not as a voucher!

This is more difficult than with a package tour because the stay on site is not part of the contract. However, be sure to ask the transport company if you are allowed to cancel free of charge or get a voucher for later instead.
If the destination is very badly affected by the virus, you can also try to argue that you would not have gone on immediately, but wanted to spend your holiday in that city. Argue that you already find leaving the means of transport unreasonable and that the basis of the contract has therefore ceased to exist. Certain taxes and fees are also refunded by an airline in the event of a chargeable cancellation, but this is often very little.

That is still legally unclear at the moment. Can you prove that you would have stayed in the country where the flight is going? For example, do you already have a hotel booking or a return flight from there? Was it possible to forsee this situation at the time of the booking? Then inform the airline and try to argue that the basis of the contract has ceased to exist. Therefore, ask for a refund of the ticket price. In such a case, many airlines offer at least a free rebooking anyway. This means you get a voucher and can use it for a later booking. Ask your airline about this!

This is still legally unclear at the moment, as the flight itself could be operated by the airline. Ask the airline if they will at least offer you a free rebooking. This means you get a voucher and can use it for a later booking. You will get back certain taxes and fees from an airline even if you have to pay for a cancellation, but this is often very little.

Some European countries had temporarily enacted laws that weaken passenger rights under Article 8 of the EU's Air Passenger Rights Regulation and allow vouchers instead of ticket refunds in case of cancellations. In our view and the view of the EU Commission, this is against current EU law. You can refuse the voucher and claim the ticket price back in cash.

According to the Air Passenger Rights Regulation (Art. 8 Reg.EC 261/2004 and Art. 7 Reg.EC 261/2004), airlines are in principle free to refund by cheque.

We have received several complaints about extremely high bank charges (e.g. 70€) for cashing these cheques. You should therefore reject the cheque because of excessive charges and demand a cash transfer by the issuers.

In our opinion, fees of up to several hundred euros are excessive and you should reject them in writing.

• According to § 9 of the Brokerage Act, an agent may only charge a fee for additional tasks (e.g. rebooking) if this was clearly agreed upon when the contract was concluded. If this was not done, we recommend filing an objection against the newly charged (or already deducted) fee.

That depends on the law of the country where the hotel is located. In Austria, for example, it is regulated that the contract then falls apart, when this situation could not be foreseen. You do not owe a cancellation fee, you get a deposit back.

This depends on the law of the country where the hotel is located. In Austria and Italy it is regulated that the contract falls apart, when this situation could not be foreseen. You do not owe a cancellation fee, you get a deposit back.

Check the booking conditions. Many hotels can be cancelled free of charge or at low cost until shortly before arrival anyway. If this is not the case with your booking, you would have to wait and see how the situation develops. Shortly before (about 1 week) there may be a right to cancel free of charge. This depends on the law of the state where the hotel is located.

This depends on the law of the state where the hotel is located. In many countries, if the hotel is open, the points listed above do not give you the right to cancel free of charge. Wait and see how the situation develops, maybe the hotel will have to close. Or try to negotiate a voucher for a later stay based on the above points.

If the hotel operator cannot fulfil its part of the contract and cannot offer the room as agreed, you have the right to cancel the contract free of charge within the EU, Norway and Iceland and to claim back money already paid. In the course of the Corona pandemic, some countries have passed their own laws that allow hotels to offer vouchers as well. It is always necessary to check which law applies in each individual case.

In case of a cancelled flight, you are entitled to a full refund of the ticket price. As far as the appartment is concerned, the national law of the country of accommodation applies if no package tour was booked.
Whether there is the possibility of a free cancellation has to be checked in each individual case. However, as long as the hotel is allowed to be open and is open, the hotel is able to fulfil its part of the contract. The journey to the hotel was not part of the contract if no package tour was booked. We therefore advise you to contact the landlord directly and clarify whether an amicable solution can be found.

The contract for the room rental is usually directly with the hotel. As soon as you do not book directly with the hotel, you are always referred to the intermediary for reimbursement requests. This is very annoying, but cannot be changed out of court if the hotel blocks the request.

It is recommended by the authorities to return to Austria and to refrain from timely travel to this country.

• Package tour: We recommend contacting the tour operator or possibly the travel agency and explaining that you want to cancel the trip due to the travel warning and return to Austria earlier. In our legal opinion, it is the tour operator's responsibility to take care of this and the traveller must not incur any additional costs as a result. Due to the fact that the trip cannot be completed as originally planned, there is the possibility that one can be reimbursed for part of the costs. However, this must be checked for each individual case.

• Individual travel (I booked a flight separately): We recommend contacting the airline or possibly the agent and asking whether an amicable solution can be found. As soon as you have not booked directly with the airline, many airlines will refer you to the agent for all enquiries. This is very annoying, but cannot be changed out of court.
  
  Airlines have the possibility to make a choice of law in their general terms and conditions (e.g. the law of the country where the airline is based or where the consumer is based). If no applicable law is agreed, the law of the country where the consumer has his habitual residence applies if the place of departure or destination is also located there. If this is not the case either, the law of the country where the airline has its habitual residence applies. Only the carriage itself is part of the contract - it is not part of the contract that I can enter or stay in the country. The airline has therefore not promised me that. As long as the airports themselves are open and remain open, the airlines can fulfil their part of the contract. Austria has now issued an official travel warning and we recommend arguing with this. From a legal point of view, however, it is unclear whether this argument can be used to cancel the rest of the contract free of charge. If the airline is not prepared to rebook you on an earlier flight free of charge or to refund the original flight free of charge, we do not see any chance of enforcing this out of court (this will have to be clarified by a court). You at least have the right to get a partial refund of the taxes and fees if the flight takes place and you do not use it.

Austrian citizens and persons who have their residence in Austria are not prohibited from entering Austria. For further information, we recommend visiting the websites of the Ministry of Foreign Affairs or the Ministry of Social Affairs.

If there is suddenly a high risk on site, the organiser should bear the costs of a trip home. In our opinion, you also have a right to break off the trip early. Ask the travel agency, the tour operator or their local tour guide to organise an earlier journey home for you free of charge. It is best to do this in writing, setting a deadline and stating that you will have to arrange your own return transport if necessary, for which you reserve the right to compensation if the company does not do this in time.

From a legal point of view, it has not yet been clarified whether foreseeability at the time of booking can play a role in early termination of the contract and a possible cost recovery or reimbursement.

If you need help abroad because of the coronavirus, you should contact the competent Austrian embassy. On the embassy's website you will also find the respective 24-hour on-call number. The embassy's medical officer is responsible for medical assistance (can also be found on the websites). The app of the Foreign Ministry contains all contact details of the Austrian representations worldwide. The Citizens' Service is responsible at the headquarters in Vienna. However, Austrians abroad should always contact the respective embassy first. The Citizens' Service of the Foreign Ministry provides assistance in case of emergencies abroad every day around the clock at the telephone number +43 190 115 - 4411.

You will get your money back if the airline or the train, bus or shipping company cancelled the return journey on its own initiative.

Please contact AGES for these questions. Infoline Coronavirus for health questions: 0800 555 621

You can find the information on the website of the Ministry of Social Affairs, Health, Care and Consumer Protection.

No. According to previous rulings of the Supreme Court of Austria, it is sufficient that, it was not possible to forsee the development and that according to reputable media reports, the start of the journey is unreasonable. When this is fulfilled, however, repeatedly leads to differences of opinion. An official travel warning often saves the discussion of whether the holiday destination is dangerous or not.

On the website of the Ministry of Foreign Affairs there is information on this for each country. Security level 6 means travel warning for the whole country, level 5 means travel warning for a certain region. So check how far your holiday destination is from that region. Anything below level 5 is not a travel warning. Another new feature is the case-by-case differentiation at the highest warning level 6 for tourist travel only or the general highest warning level 6 for all travel. Please note that the risk ratings of individual countries change constantly.

In our opinion, a handling fee can only be a certain kind of compensation for expenses if one wants to change something in the original contract itself and the entrepreneur thus has additional work that is not part of the contract and also does not have to be done free of charge by law. However, if the contract cannot be fulfilled at all, e.g. because the airline does not fly, the hotel is closed or the package tour is not carried out, in our opinion the respective companies should not retain a handling fee for this. We also see it the same way for intermediaries of the respective services. Since the respective service providers terminate the contract, you are entitled to the money you have already paid, and in our opinion without deductions.

No, cancellation insurance would usually only reimburse cancellation costs if you suddenly become seriously ill at home, a close relative passes away, your house burns down, etc. (see insurance conditions). To be sure, check your specific insurance conditions.

This depends on the law of the state where the match, concert etc. should have taken place.

The amount of the ticket price determines how the refund will be made in each individual case:

1. Up to € 70,- the organiser can issue a voucher.
2. Between € 70 and € 250, the consumer has the right to receive the corresponding amount in cash.
3. The organiser may issue vouchers for all amounts over € 250.

If a ticket has thus cost a total of € 280,-, I will receive a voucher in the amount of € 100,- and a cash amount of € 180,- as a replacement.

If the cancelled event was part of a subscription (e.g. football subscription), consumers can also demand that the fee to be refunded be offset against the subsequent subscription instead of the voucher.

Yes. There is an exemption clause in this German "Act to Mitigate the Consequences of the COVID-19 Pandemic in Event Contract Law" (see point 7 of the German FAQ). If you would have to travel extra from Austria and bear extra overnight costs, we think that the "personally unreasonable living conditions" mentioned in the law apply due to high unavoidable costs at a make-up event and therefore you are entitled to money instead of a voucher.

Italy has adopted national emergency regulations (Law No. 27 of 24 April 2020 and Law No. 77 of 17 July 2020) regulating the following:

• In the case of vouchers for transport contracts, reimbursement can already be claimed after 12 months. For flights operated by Italian airlines that should have taken place within Italy or the Schengen area after 3 June 2020, consumers can refuse a voucher. In this regard, the Italian Civil Aviation Authority has informed that there were no longer any travel restrictions due to Covid-19 as of 3 June 2020. Airlines must therefore reimburse flight costs in the event of flight cancellations in accordance with the Air Passenger Rights Regulation.

• For bookings after 31 July 2020, customers may reject vouchers if there is a subsequent impossibility of performance (Art. 1463 of the Italian Civil Code). An impossibility of performance exists, for example, in the case of travel restrictions and quarantine measures due to official decrees.

• For prepaid future services (e.g. hotel in Rome in May 2021), cancellation fees are currently permitted as there are no entry restrictions for the future period. Only cancel when it is clear that entry restrictions will make the trip impossible and thus avoid cancellation fees or book in the first place shortly before departure or after being assured of a free cancellation option.