Customer against travel agency

Dispute over travel costs after death

Two Styrian friends wanted to explore South Africa last year. However, one of their husbands died shortly before the start of the trip. Although the Package Travel Act stipulates that a replacement person can take the trip, the travel provider refused this offer. A legal dispute has now broken out. 

For friends Helga and Elisabeth (names changed), it was supposed to be a wonderful trip to dreamlike South Africa. In September last year, they wanted to go on a package holiday booked with a well-known provider. But then fate struck unexpectedly: the husband of Elisabeth, who was traveling with them, passed away on Sunday, September 17. It was therefore clear that the wife would not be able to fly. 

Spouse died unexpectedly
One day later, Helga, who had booked the offer, informed the travel provider of the sad circumstances. She also said that she had found someone to take the trip instead of her friend. But the travel company stubbornly refused: a replacement could not take the trip. They could only make additional bookings. 

The flight alone would cost around 5000 euros! Although the all-inclusive offer from the two friends was around 3200 euros. According to their lawyer Marc Simbürger, Helga should also have paid a single room supplement. As the pressure of the rising cancellation costs had become too great, the trip was ultimately canceled and a 65 percent cancellation fee was paid - i.e. around 2000 euros.

In such an exceptional situation, one might expect not only support but also the right to transfer the package travel contract in accordance with the Package Travel Act.

Anwalt Marc Simbürger

"The widow could contribute to the costs, the organizer said," Simbürger is incensed, "in such an exceptional situation, one could expect not only support, but also the right to transfer the package travel contract in accordance with the Package Travel Act." 

One of the reasons given by the tour operator for this approach is that the flight tickets had already been issued at the time of the notification. Existing tickets could no longer be changed. Efforts were made to find a prompt solution.