Termination of Package Tour Contracts by the Consumer

Package Tour Contracts, as set out in Article 51 of the Consumer Protection Act, are tours in which at least two of the following services—transport, accommodation and other tourism services—are provided together, and which last for more than 24 hours or include an overnight stay. The Package Tour Contracts Regulation sets out the conditions under which a contract may be terminated and the manner in which the amount paid is to be refunded should consumers planning a package tour decide, for various reasons, not to go on the trip.

THE CONSUMER’S RIGHT OF TERMINATION AND NOTIFICATION PERIODS

1. Terminations Made Up to 30 Days in Advance (Full Refund): The consumer may terminate the contract without giving any reason, provided they give written notice or notification via a durable medium (e.g. email, SMS) at least 30 days before the start of the tour. In this case, all amounts paid shall be refunded in full, excluding mandatory expenses arising from tax, duty and similar legal obligations.
2. Cancellations Made Less Than 30 Days Before the Tour Starts: In the event of cancellations made less than 30 days before the tour begins, the travel agent may apply a deduction or penalty clause, provided this is expressly stated in the contract.
3. Termination in Cases of Force Majeure and Just Cause: Even if there are fewer than 30 days remaining before the start of the tour, the consumer may terminate the contract in the event of a circumstance or force majeure that the consumer could not have foreseen or prevented. As a result of such termination, the consumer may claim a full refund of the total amount, without any deductions, excluding expenses and amounts paid to third parties that can be documented and are non-refundable.

From the date the notice of termination is received by the agent/organiser, the amount to which the consumer is entitled must be paid in full and in a single installment within 14 days at the latest.

Where a package tour contract is cancelled by the consumer, the date of cancellation, the start date of the package tour, the cancellation terms set out in the contract and the reason for cancellation are key factors in determining the consumer’s rights. In the event of cancellation at least 30 days before the start of the package tour, the price must be refunded in full, without any deductions other than mandatory legal costs. During the final 30-day period, however, deductions may be applied provided this is stipulated in the contract.

It is important that, when a consumer cancels a package tour contract, the notice of cancellation is given in accordance with the prescribed procedure, the relevant provisions of the contract are examined, and an assessment is made as to whether the deduction sought is in accordance with the law.

If the refund to which the consumer is entitled is not made within 14 days, or if deductions are applied in breach of the law, a direct application may be made to the Consumer Arbitration Boards, subject to the applicable financial limits. In disputes exceeding the specified financial limit, the mediation process—which is a prerequisite for litigation—must first be undertaken, after which a claim may be brought before the Consumer Courts.