Federal Court of Justice: Travelers have no right to information when canceling!

Federal Court of Justice: Travelers have no right to information when canceling!

In a recently published ruling by the Federal Court of Justice (BGH), it was clarified that travelers are not entitled to information about the amount of compensation if they withdraw from a package tour before the start of the trip. This judgment, which was handed down on January 18, 2022 under the file number X ZR 88/20, relates to a case in which a married couple had booked a package holiday.

The couple in question had reserved a package holiday for €1,296.00 and had also taken out travel cancellation insurance. The man paid a deposit of €518.40. More than 30 days before the start of the trip, he decided to withdraw from the travel contract. In this situation, the tour operator withheld a flat-rate compensation of €518.00.

Compensation by insurance

The travel cancellation insurance covered this amount and paid the travelers. However, when the travelers requested information about possible expenses saved and proceeds from other uses of the travel services, the BGH did not consider itself obliged to grant their request.

According to the provisions of the Civil Code (§ 651h BGB), the tour operator loses the right to the travel price if cancellation is made before the start of the trip, but has the right to demand appropriate compensation. The amount of this compensation is based on the travel price less the saved expenses and the proceeds from the other use of the travel services.

Burden of proof and court decision

The judgment also makes it clear that the burden of demonstrating and proving the adequacy of the compensation lies with the tour operator. This means that the organizer must prove that the withheld compensation is justified.

With this decision, the BGH emphasizes the rights of tour operators and the need to be fully informed about the contractual conditions. Further information on this topic is also available in a detailed script on package travel contract law, which can be viewed on the Juracademy website. Interested readers can find out more about the legal framework for package tours here: Law Academy.

It is very important for travelers to keep an eye on the conditions of their bookings and the cancellation regulations in order to be prepared if necessary. The current legal framework highlights the importance of clear information between travelers and tour operators.

For further details on this topic, please refer to the Smartlaw article, which explains the background to the decision and its consequences: Smartlaw.