Can I cancel vacation in the high-risk area free of charge?

The ski holiday has long been booked, now this news follows: Almost all of Austria is becoming a high-risk corona area again.

Hungary and the Czech Republic are also affected.

What applies from a travel law perspective?

Kehl - Is your already booked skiing holiday in Tyrol or Carinthia on the brink?

The upgrade of almost all of Austria to a corona high-risk area should unsettle some winter sports enthusiasts.

The Czech Republic and Hungary will also be considered high-risk areas again from Sunday (November 14th).

But what does this decision by the federal government mean from a travel law perspective?

An overview.

Individual travelers have to protect themselves

Karolina Wojtal from the European Consumer Center makes it clear: The classification as a high-risk area initially has no effect on tourists who have booked their holiday themselves without the help of an organizer.

This does not result in a right to free cancellation of the accommodation.

According to the expert, there are only two exceptions:

First, there is an exception if the provider's general terms and conditions - whether hotel or holiday apartment - expressly provide otherwise, for example a free cancellation right until shortly before departure.

"If not, I have to hope for the goodwill of the provider," says Wojtal.

Individual tourists must therefore always pay attention to good cancellation conditions when booking.

Second, there would be a right of cancellation if Austria or a region in the country were to issue an official ban on accommodation.

“Because at this moment the hotel cannot fulfill the contract,” explains Wojtal.

Such a ban is currently not in sight.

"If travel and accommodation are possible, even if it were under quarantine conditions, vacationers have to pay," says Wojtal.

The same applies to flight tickets: once the plane starts, travelers cannot simply have individually booked tickets reimbursed.

In the case of package holidaymakers, the individual case decides

And what about package holidaymakers?

If a country becomes a high-risk area, the Federal Foreign Office issues a travel warning.

In the time before Corona, such a warning was a clear indication of the existence of extraordinary circumstances.

As a rule, this gave event organizers the right to cancel free of charge.

But the situation is different today: "Whether after more than a year of pandemic there is still an exceptional circumstance when a country becomes a high-risk or virus variant area after booking has not yet been clarified by the highest court," says Wojtal.

Due to the unclear legal situation, the expert advises those affected who want to forego a trip to a high-risk area to seek an amicable agreement with their organizer.

Often providers were accommodating and allow, for example, free rebooking to other destinations or travel periods.

"The extent to which organizers also allow free cancellations is at their discretion."

Also important: the trip must be imminent anyway, i.e. a maximum of four weeks in the future.

Only then can it be relatively foreseen whether extraordinary circumstances are likely to continue to exist when the traveler sets off on vacation.

"If the trip is further in the future, the normal cancellation fees will be charged to the traveler if he or she decides to withdraw now," explains Wojtal.

So it is better to wait.

Observe entry and return travel regulations

What does the classification as a high risk area mean for crossing the border?

Of course, the entry regulations of the respective holiday country still apply - i.e. Austria, the Czech Republic and Hungary.

Holidaymakers should definitely be familiar with this information, which is available on the website of the Federal Foreign Office.

The classification as a high-risk area also results in certain requirements when returning to Germany.

Unvaccinated people have to be quarantined at home for ten days.

You can get rid of it with a negative test no earlier than five days after re-entry.

However, there is no such quarantine obligation for vaccinated and genesis patients.

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In addition, all travelers must complete an entry form when returning home from a high-risk area.

This can be done online, but also on paper in an emergency.

Children under the age of twelve are exempt from this rule.

The same applies to holidaymakers who only drive through a high-risk area on the way home - for example Austria on the way from Croatia back to Germany.

dpa