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"Aida Nova" in Lisbon: Due to corona cases on board, the cruise for around 3000 passengers in Portugal came to an end
Photo: Soeren Stache / TMN
A cruise around the Canary Islands in winter - for many it was a promising prospect in the months when the spread of the coronavirus seemed under control.
Gradually, ships from German shipping companies such as Aida Cruises, TUI Cruises and Hapag-Lloyd Cruises had to end their tours early around the holidays - or they were canceled in advance.
What can consumers do now who would like to cancel a sea voyage booking for the near future out of fear of Corona?
The shipping companies themselves refer to their existing regulations:
At
TUI Cruises
, for example, the regular rebooking and cancellation rules continue to apply to all guests of the “Mein Schiff” fleet, said spokeswoman Friederike Grönemeyer.
All guests who have booked the "PRO price" can rebook their trip once free of charge.
This is the highest of a total of three price categories offered by the provider up to a maximum of 50 days before the respective departure date.
Aida Cruises
pointed out that a one-time rebooking is possible free of charge up to 40 days before the start of the trip - but only for trips that have been newly booked since December 9, 2021 and for which the ship will depart by March 31, 2022. For departures after March 31, different rules apply. A one-time free rebooking is possible up to 60 days before the start of the trip for guests who have booked the "Aida Premium tariff" - or if guests present a positive test result in the last two weeks before their departure date.
At
Hapag-Lloyd Cruises
, the regular cancellation conditions apply, where 75 percent of the travel price must be paid 29 days before the start of the journey.
A cancellation cost insurance is included in the price, which covers in the event of illness, death, unemployment and the like - but not in the case of illnesses during pandemics, i.e. in the case of corona infections.
Don't rush to cancel
But what do travelers to whom more favorable regulations do not apply because they have booked other tariffs or because deadlines have passed?
First of all, a look at the legal situation will help:
A cruise is usually a package tour because several travel services come together, such as food, transport and perhaps entertainment, says André Schulze-Wethmar, a legal expert at the European Consumer Center (EVZ) in Kehl.
Basically, every tourist can only withdraw from the travel contract free of charge before the start of the trip if extraordinary circumstances are to be expected during the trip at the holiday destination or during the transport, says the travel lawyer Paul Degott from Hanover.
According to Schulze-Wethmar, it depends on the individual case whether this Europe-wide free special right of termination applies to cruises.
As a rule, consumers should not cancel too hastily in order not to be left with the cancellation costs, advises Schulze-Wethmar.
"You can still try to enforce this in court, but that is quite difficult," said the lawyer.
At the same time, consumers could ask the providers for goodwill solutions.
Pure speculation that there could be a corona outbreak on board, for example, is usually not enough for a free resignation: "If I am now sitting in front of a booked cruise and have the dull gut feeling 'This is going wrong with me too', then Unfortunately, that won't help me, ”says Degott.
According to the expert, this was also shown by judgments from the corona years 2020 and 2021. The courts would have looked carefully to see whether a free withdrawal from a trip was to be granted or not.
That was only the case if there were tangible reasons for it.
Free cancellation in the event of a corona outbreak on the booked ship
But what would be such reasons?
Degott gives a fictitious example: Such a reason would exist if travelers were to go on a ship that is still under quarantine the following week.
Then it could be that a risk has increased so that the travelers cannot be expected to take the cruise.
"But that always depends on the individual case."
If, however, there are concrete indications that there are exceptional circumstances where the cruise takes place, that would be an important clue for a possible free cancellation.
Schulze-Wethmar gives an example of a sudden, unexpected corona outbreak of the Omikron variant at the starting point of the trip or perhaps on the same ship.
In some circumstances, travelers could also use information from the German Foreign Office, which is currently advising against certain cruises, to help travelers.
However, the tour operator or the shipping company could object: "We'll take you directly to the ship by bus." One shouldn't forget that the corona pandemic has been around for a long time, says consumer advocate Schulze-Wethmar.
Many organizers have already argued that the corona risk is no longer an exceptional circumstance, at least if you have booked during the pandemic.
"And when in doubt, you really argue in court."
Wait and inform
It is best for the consumer if the organizer cancels on his own - "then you will get the money back for sure," says Schulze-Wethmar.
If the provider does not cancel and you have not canceled early yourself, you should wait as long as possible and keep an eye on the situation.
“This is of course a hot issue for the consumer if he waits longer.” Because if the provider does not consider the circumstances to be exceptional and he takes the tour, those who are unwilling to travel are usually left with high cancellation costs.
Concerned travelers should contact the provider directly and specifically ask about the measures to protect against infection on board, advises Degott.
Perhaps that would at least minimize worries.
In order to avoid problems, as recommended by the experts, you should decide when booking an offer for which the provider grants a free cancellation right.
There are tour operators who grant an additional contractual right of withdrawal free of charge for a surcharge.
Or you can take out appropriate insurance.
But here you should check the conditions.
In the event of complaints against travel providers in other EU countries, the EVZ offers out-of-court support free of charge.
Whoever starts the trip then has the right to complete it.
If the provider does not succeed in this, customers can claim the travel price back - at least for those days of the trip that they did not have in the end.
In addition, reduction claims can apply for the days before, says Degott - for example, if the program was slimmed down due to measures on board or you even had to stay in the cabin.
"It does not depend on the fault of the provider."
abl / Peter Löschinger, dpa
