Rights of package travelers and individual bookers
Vienna (OTS) – With the end of school next week, the big summer travel season begins. The experience teaches that with it also again with many travel complaints to be counted will. The booked hotel is overbooked and one comes into a flophouse, instead of “fine sand beach” one finds a rock bay, instead of peace torments building noise and which there is otherwise still at regularly recurring complaints.
The principle of brochure truth applies to travel catalogs. Everything that is described in the travel brochure or illustrated with colorful photos is considered a promised characteristic of a trip. The tour operator must – regardless of whether he is at fault for defects or not – be responsible for these promised services. If the services are not provided in the agreed form, the customer has the right improvement on site or price reduction.
“If the defect cannot be improved (the rocky cove does not turn into a sandy beach) or is simply not improved, then Be-weise should be secured. Photos and videos of the construction machines making noise, names and addresses (conveniently also cell phone numbers and e-mail) of fellow sufferers and written confirmation from the tour guide that you have complained about the defects accordingly. Back in the homeland one can make now price reduction valid against the tour operator , says Peter Kolba, the Obmann of the consumer protection association (VSV).
If the tour operator or its executing aides at the messed up vacation is even a being to blame for, then apart from the warranty also payment of damages is entitled. So if a spoiled “all-inclusive buffet” brings vomiting diarrhea and bed rest, then you also have a claim for damages for medical expenses and compensation for pain and suffering. In addition, there are also damages for lost vacation enjoyment.
In the case of package tours (e.g. booking of flight and hotel), the tour operator is responsible for these claims. He is also the contact for claims in case of flight delays. In the case of individual bookings, on the other hand, the respective contractual partners must be contacted.
If a tour operator becomes insolvent, there is insolvency insurance for package tours; this does not exist for individual bookings – such as flights.
The VSV supports its members in word and deed. In the event of mass damage, the VSV also organizes class actions.
Dr. Peter Kolba, chairman of the VSV, +43 660 2002437
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