Vacation should be a time of peace, relaxation, and joy. But what happens when your trip turns into a nightmare full of problems that ruin your plans? The law takes these situations into account and allows customers to claim compensation for ruined holiday—a distinct right separate from a discount on the trip price or damages.
Your Right to Non-Material Damage Compensation
If a travel agency breaches its obligations in a way that significantly disrupts or ruins your vacation, you are entitled to compensation for non-material damages. Importantly, you can claim this right even if you have exercised other rights, such as withdrawal from the package-travel contract with the travel agency or filing a complaint about trip defects.
Who and When is Entitled to Compensation?
All customers who participated in the trip and suffered harm have the right to compensation for ruined holiday. The tour operator must compensate not only the person who signed the travel contract but also accompanying individuals for whom the contract was arranged. Notably, German courts generally recognize such claims for children only from about the age of five.
However, minor inconveniences, such as a one-hour flight delay, do not entitle you to compensation. The issue must be serious enough to objectively disrupt the enjoyment of the vacation. Typical cases include:
- Unsuitable Accommodation: Dirty or hazardous rooms, or hotels of a lower standard than agreed upon.
- Disturbances: Excessive noise from nearby discotheques or construction work that prevents relaxation.
- Lack of Essential Services: Missing food, drinking water, or non-functional air conditioning.
- Transport Issues: Lost luggage arriving late or lack of a confirmed airplane reservation.
A notable example in Czech case law involved a family staying in a “quiet location” from a catalog, which turned out to be plagued by nighttime noise from nearby discotheques. The Czech Supreme Court awarded compensation, recognizing the significant impact on their stay.
Interesting Examples from Case Law
Court decisions from abroad provide further examples of recognized compensation claims:
- Inadequate Hotel: A family in Germany was placed 70 km away from the agreed location. This major change led to recognized vacation disruption and compensation.
- Noise on a Cruise Ship: A couple on a luxury world cruise experienced continuous noise in their cabin due to technical issues, causing stress and health problems. The compensation awarded was several times the trip’s cost.
- Lost Time: A family in Poland spent the first four days of their one week long vacation without their luggage and received non-material compensation for lost time and discomfort.
How Much Can Compensation Amount To?
The compensation for ruined holiday depends on several factors, including:
- Trip Cost: Compensation is usually a percentage of the trip price. German and British practice often set it at around 50%.
- Vacation Length: Shorter vacations may see relatively higher compensation for each spoiled day.
- Severity of the Issue: Higher compensation is typical for severe disruptions, such as last-minute trip cancellations.
- And other specifics; the amount of compensation will also reflect, for example, the fact that it is the only family holiday in the year
For instance, the Czech Supreme Court awarded 20% of the trip price (15,000 CZK) as compensation when a travel agency housed a family in a four-bed room with an extra bed instead of two double rooms, one of which was to include an extra bed, without offering an alternative (Supreme Court Case No. 33 Cdo 1959/2017).
Steps to Claim Compensation
- Gather Evidence: Photos, witness statements, complaint confirmations, and communication with the travel agency are crucial to proving the intensity of the disruption.
- File a Complaint: Inform the travel agency about the issues as soon as possible, ideally during the trip.
- Take Legal Action: If the travel agency does not satisfy your compensation request, you can file a claim in court. Tools like the "Frankfurt Table" can help estimate compensation amounts.
Vacations should be a time for rest. If someone ruins yours, you have the right to seek justice. If you find yourself in such a situation, we are here to help guide you through the compensation process.
