Cancel a cruise free of charge: gut feeling is not enough

Created: 01/03/2022, 6:56 PM

“Aida Nova” in Lisbon: The coronavirus can occasionally cause cruises to run unplanned.

© Soeren Stache / dpa-Zentralbild / dpa-tmn

Once again, cruise ships had to interrupt or prematurely end their trips due to corona cases on board.

Can a planned cruise simply be canceled out of fear of contagion?

Hanover / Kehl - The extent to which the corona pandemic still has the world of travel under control can be seen especially on the cruise: Two ships from Aida and Tui Cruises had to interrupt or prematurely end journeys around the New Year.

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.

With this highest of a total of three price categories of the provider, this is possible 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 rebooking free of charge is possible up to 60 days before the start of the journey 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.

But what do travelers to whom these provider 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.

Uncertain outlook: Don't rush to cancel

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 his 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.

And whether this Europe-wide free special right of termination applies to cruises depends on the individual case, says Schulze-Wethmar.

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.

The 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" That goes wrong with me too " , then unfortunately nothing won't help me, ”says Degott.

Corona outbreaks and quarantine

According to Degott, 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.

But what would be such reasons?

Such would be the case if travelers were to go on a ship that is still under quarantine the following week, Degott gives a fictitious example.

Then it could be that a risk has accumulated so that 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 cruises, to help travelers.

However, the tour operator or 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."

Good cards: the tour operator cancels the cruise

It is best for the consumer if the organizer cancels on his own - "then you will definitely get the money back," 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 sees no exceptional circumstances 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 minimize worries.

Make provisions even before signing a contract

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.

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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 vacationers did not have in the end.

In addition, reduction claims can apply for the days before, says Degott - for example, if measures on board slimmed down the program or you even had to stay in the cabin.

"It does not depend on the fault of the provider." Dpa