When nature rages, and the holiday is destroyed, it is difficult to find out whether you subsequently can put the blame on someone, or if it is just bad luck.
A number of cases from the Package-board provides a guide as to when you as a guest on a package tour is eligible for compensation.
It shows a number of orders, which were delivered respectively on the 22. may 2018, the 4. July 2018 and the 20. august 2018, but which has only recently been published in full length.
Tips and guides On major complaint-guide: How to get you the compensation
In the first case was two adults and two children on the Kos in the end of July 2017. The family was subsequently so dissatisfied with the travel agency Apollo not postponed the departure because of a strong earthquake close to the destination the night before departure.
‘Since we have two small children, we were naturally very worried, so we called directly to the hotel. We asked directly about how the situation was at the hotel, and whether it was safe to travel to the hotel. We were deceitful to know that everything was under control, there had not occurred the least with the hotel, and that we safely could travel there’, writes the family in the complaint.
However, the hotel was damaged, and the family ended up having to sleep outside on the grass the first two nights, before they moved to another hotel. During the seven day stay saw the family also several aftershocks.
‘It is your full responsibility to have exposed us to this hell. In could very easily have spared us of all these terrible experiences to have tackled the situation better, to have pulled in the handbrake and wait to send us off, or by having placed us at a different hotel from the beginning of the’.
‘Why send Apollo os to just their worst to hit the hotel already six hours after the strongest earthquake, Kos has seen in over 50 years. We were there when the earthquake happened. We were in Denmark and could easily have avoided being sent to the horrendous situation’, writes the family, which demanded to receive the entire tour price at 24.418 crowns refunded.
the complaints Board ruled that the agency and guidernes handling of the situation at the destination was not satisfactory. Therefore, decided the tribunal, that the family was entitled to a refund on the total 17.418 crowns – set off against the amount of compensation on of 9,800 million, which Apollo had already paid.
In another case handed down on 4. July 2018 was another family also affected by the powerful earthquake.
the Four adults were raised with the Spies to Kos 20. July – shortly before the earthquake happened. The total price was 27.572 million for a two-week stay
’the Reason we advertise is that we the first night of the holiday was hit by an earthquake, and that is why we were put on the street’, writes complainant in its email to Package-board.
Subsequently, the family had repeated visits by workmen in the apartment, which repaired the damage, and the family was without water for several days.
‘For us was the whole holiday ruined, especially the first week, where we almost did not dare to bet on to be able to bathe in the pool and bask, since we could not be sure to get in the bath because the water was so unstable. Also purely mental, we have been much affected, which among other things has meant that we on the whole holiday not had one single night’s sleep’.
the Family demanded a full refund of the ticket price.
So much thought Package-the board of appeal, however, that the family is entitled.
‘Spies have to pay 7.500 Danish crowns to the complainant’, is it in the decision.
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Here came the earthquake. Photo: Bing.com/Frans Wej Petersen
In a third case, which is also rendered 4. July 2018, it was not an earthquake, but a hurricane that came in the way of ferieplanerne.
Four people had to be traveled to Florida and Hawaii 12. september 2017. They had paid 95.734 dollars to the UNITED states Tours of flight, hotel and rental firhjulstrukne cars and Harley Davidson motorcycles.
due To hurricane Irma, on Sunday the 10. september 2017 hit Florida’s southern west coast, was the destination the 11. september changed to the states of California, Nevada and Hawaii.
Package-board wrote in its decision: ‘According to pakkerejselovens § 9, paragraph. 3, a customer can cancel a package tour, if, within a period of 14 days prior to the package commencing at the destination or in the immediate vicinity of this occurring acts of war, natural disasters, dangerous infectious diseases or other equivalent events. The customer in this case is entitled to a refund of all amounts paid pursuant to the agreement’.
the Board did not believe that the UNITED states Tours had told his customer about this possibility and relieving the client with the possibility to get their full fare reimbursed.
However, they chose four people to book the journey on to the new states and lost thereby, motorbike rental for two days and three nights ‘ hotel accommodation.
Rejsefølget thought, afterwards, that it had the cash to good – equivalent to a total of 14.698 crowns.
And it gave the Package-the board of appeal the appeal in.
’the Impact is determined after a comprehensive assessment, estimated to total dkk 15,000′, writes the Package-the board of appeal in its decision.
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How so that out on the Florida Keys the 12. september 2017. Photo: AP
In a fourth case, which was settled on 20. august 2018, referred it again to the earthquake in Southern europe.
the Complainant had purchased a trip to Bodrum in Turkey for two persons for 14 days through Detur for a price on the total 13.912 crowns, but upon his return would the complainant financial compensation, among other things, the lack of warning by the earthquake.
‘I was not informed or alerted to, when there was earthquake. They had awakened all the hotel guests, but they had forgotten me and my child’, writes complainant in his statement of facts.
‘we believe that We have acted so quickly, as it is now is possible in a force majeure situation, as well as to have complied with the disclosure and duty of care in the same context’, writes Detur in a response to the complaint.
And the tour-the board of appeal agreed with the party and did not believe that the complainant has proven that the journey was fraught with shortcomings in relation to the earthquake.