ECJ judgment: free resignation in the case of unavoidable exceptional circumstances - tour operators benefit
ECJ judgment: free resignation in the case of unavoidable exceptional circumstances - tour operators benefit
Eugh decides Corona withdrawal problem in favor of the tour operators
On February 29, 2024, the European Court of Justice (ECJ) made an important and positive decision for the travel industry. The verdict clarifies a previously controversial question regarding the free resignation in unavoidable exceptional circumstances, such as caused by the Corona pandemic. The ECJ notes that only the situation is relevant for the assessment of whether such circumstances are available at the time of the traveler. Circumstances that occur later no longer play a role.
Lawyer Dr. Stefanie Bergmann, who has given up the judgment for the organizer Kiwi Tours GmbH, explains that this decision creates greater legal certainty for the travel industry. Tour operators can rely on the fact that all later circumstances are irrelevant when the traveler resigns. The cancellation calculation can be finally drawn up and excess amounts must be refunded to the travelers within 14 days.
The decision of the ECJ and its effects on the travel industry are being given a lecture by lawyer Dr. Bergmann at the RDA Trendforum will be explained in more detail on April 25, 2024. The RDA International Bustouristics Verband e.V., based in Cologne, was founded in 1951 and is a leading association for bus and group tourism in Europe for better framework conditions in the industry.
Here is a table with further information about the RDA International Bustouristics Association.:
| Name | RDA International Bustouristics Association e.V. |
| —————————- | --—————————————
| Foundation year | 1951 |
| Seat | Cologne |
| Number of members | Around 2,600 |
| Area of activity | Bus and group tourism in Europe |
| Contact person | Kathrin Aufderheide |
| Contact address | Barcelona-Allee 1, 51103 Cologne |
| Telephone number | +49 (0) 221 912772-0 |
| Fax number | +49 (0) 221 912772-27 |
| Email | press@rda.de |
| Website | www.rda.de |
| Responsible | Benedikt Esser |
| President | Benedikt Esser |
This decision of the ECJ offers tour operators in Berlin and throughout Germany a clear legal basis for the processing of cancellations in unavoidable exceptional circumstances such as Corona pandemic. It creates legal certainty in relation to the consideration of circumstances that were known at the time of the traveler.
It remains to be seen whether this decision will have an impact on the travel industry as a whole and whether similar regulations will be transferred to other EU countries.