Damages 24. March 2020

Austria: Does the tour organiser have to pay compensation in the event of package tour cancellations due to the Corona crisis?

24. March 2020
Mag. Tanja Verbunkic
act legal Austria

According to § 2 (12) of the Austrian Package Travel Act, ‘unavoidable and extraordinary circumstances’ are circumstances beyond the control of the person invoking them, provided that the consequences of these circumstances could not have been avoided even if all reasonable precautions had been taken and thus apply to the current corona crisis. If travellers have cancelled a package tour free of charge with the organiser due to unavoidable and exceptional circumstances (e.g. a package tour to an area for which a travel warning exists), the organiser must refund all payments made for the package tour in accordance with § 10 (2) of the Austrian Package Travel Act. In principle, the traveller is also entitled to compensation in accordance with § 12 Package Travel Act; however, not due to travel cancellations in connection with the corona crisis: In accordance with § 12 (3) number 3 Package Travel Act, the traveller is not entitled to compensation if the tour operator proves that the lack of conformity with the contract is due to unavoidable and exceptional circumstances.

Mag. Tanja Verbunkic
About the author

Mag. Tanja Verbunkic


Active in all legal areas of civil and business law, especially corporate and medicine law. Her main focus is on company and real estate.

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