Austria & Co .: Can I cancel vacation in the high-risk area free of charge?

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

What applies from a travel law perspective?

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

The upgrade of almost all of Austria to a high-risk corona 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

who

have

their

help of an

.

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

According to the expert, there are only two exceptions:

Firstly, 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

ban on

.

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

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

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

Special location in Austria

This makes the situation tricky in Austria: There is a strict 2G regulation (vaccinated or recovered).

"As a result, I have a de facto ban on accommodation for unvaccinated people," says Wojtal.

Here one could argue that this ban could be avoided by vaccination - at least if the vacation is still a bit in the future.

Wojtal says it is doubtful whether this argument will hold up in court.

Requesting a vaccination is a major encroachment on personal life.

That means:

.

It is still difficult to say whether this will result in a free cancellation right.

The reason: The fact that 2G would come in Austria under certain conditions was

by the government's announcement of a step-by-step plan from the

.

So for those who booked afterwards, the tightening of the rules was not entirely unpredictable.

How the courts will ultimately decide this remains to be seen, however.

Also interesting

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

.

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

also read

Strike at the airport: what are the travelers' claims?

A Eurowings strike is looming at German airports.

In the event of delays and cancellations due to strikes, travelers have several claims and rights.

Strike at the airport: what are the travelers' claims?

Artist sets an example against poor working conditions: He takes 70,000 euros in cash and "runs away"

“If the structures are completely unreasonable, we have to break with them,” says the artist Jens Haaning.

There is a reason why he has now delivered two completely white canvases.

Artist sets an example against poor working conditions: He takes 70,000 euros in cash and "runs away"

Christmas markets without Corona requirements - unexpected reactions from some organizers

Christmas markets may take place in Bavaria without Corona requirements.

The news surprised many organizers on Wednesday - and for some it comes too late.

They had already canceled everything.

Others want to voluntarily introduce stricter rules for visitors.

Christmas markets without Corona requirements - unexpected reactions from some organizers

But the situation is different today: "Whether after more than a year of pandemic there is still an extraordinary 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.

The question also arises if a country switches to a 2G regulation.

Due to the unclear legal situation, the expert advises those affected who want to forego a trip to a high-risk area

an

with their organizer

.

Or book a flex tariff that allows you to cancel or change your booking without giving a reason.

Often providers were accommodating and

.

"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 will 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.

Read here

Observe entry and return travel regulations

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

Of course, the

still apply

-

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

.

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.

In addition, all travelers must complete an

when returning home from a high-risk area.

You can do this 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.