Tour package fell short. Is a refund expected?
Mrs. Elisabeth R., a tourist from Austria, recently encountered several issues during her package tour in Crete with her sister and a friend. The tour, which included flights, transfers, and half board, was marred by various disappointments, leaving Mrs. R. seeking compensation under the Austrian Package Travel Act (PTA).
Upon arrival, the triple room booked for Mrs. R. was unavailable at the hotel. Consequently, she had to sleep in a small double room for two nights before an extra bed was provided. To add to the inconvenience, the breakfast offered at the hotel was practically inedible.
Moreover, the hotel's pool was closed, and Mrs. R. could only use the one at the neighboring hotel. While this may seem like a minor inconvenience, such deviations from the contract can result in a significant price reduction, as much as 20 to 25% for a room mismatch, and up to 5% for exclusive use of a neighboring hotel's pool.
Inedible or spoiled food can also justify a price reduction of up to 30%. These compensation amounts often depend on the severity and duration of the issues. If the recreational value is significantly impaired, the compensation is only recognized. In cases of particularly serious defects, compensation for loss of holiday enjoyment can be claimed.
Under the Austrian Package Travel Act, travelers are entitled to receive the services as contractually agreed. If significant parts of the package are not provided, they can claim a reduction in the price or compensation for damages.
The general process for claiming compensation includes notifying the tour operator or travel agency immediately about the problems during the trip and requesting remedies. All evidence, such as photos, receipts, correspondence, and witness statements, should be kept. After the trip, a detailed complaint and compensation claim should be submitted in writing within a reasonable time to the tour operator, specifying the issues and desired compensation.
If the operator refuses or ignores the claim, assistance from consumer protection organizations or legal advice should be sought. It is advisable to consult a lawyer specializing in Austrian travel law or a consumer protection agency in Austria for precise guidance and assistance in filing your claim.
While specific details on the Austrian Package Travel Act claims process are not extensively covered in the search results, general EU package travel rules support these rights, and Austrian consumer protection aligns with EU standards. These emphasize timely complaint reporting during the trip and formal written claims afterward.
It is important to note that the PTA applies when two or more services, such as transport, accommodation, car rental, or other essential services, are offered together by the organizer. If the organizer refuses the refund, a lawyer or a free mediation service can be contacted to support the enforcement of claims.
Mrs. Elisabeth R. may have the option to claim something back due to the issues encountered during her tour. She is encouraged to follow the guidelines outlined above to ensure a successful claim for compensation.
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- Mrs. Elisabeth R., given the unsatisfactory lifestyle aspects during her package tour in Crete, such as the unavailability of the booked room, inedible breakfast, and pool closure, might consider seeking compensation under the Austrian Package Travel Act (PTA) for the impaired recreational value due to sports (recreational activities) and travel inconveniences.
- To potentially claim for losses incurred due to the disruptions in her sports (activities) and travel itinerary, Mrs. Elisabeth R. is advised to follow the guidelines outlined in Austrian consumer protection organizations and EU package travel rules, which emphasize timely complaint reporting during the trip and formal written claims afterward.
