Travel Law: Miscellaneous Issues

Miscellaneous Issues

Forced Non-Refund by the Agency

Responsibility: the customer.

This is a matter of case law and the concept of "force majeure and its consequences." This refers to an "exceptional event, external to the party invoking it, unforeseeable, and irresistible—meaning insurmountable," as occurred during the ash cloud incident. In such cases, the debtor is exempt from the obligation to pay damages.

Additionally, legally, the seller has the right not to refund sums they no longer possess. In other words, if a vendor’s supplier has not reimbursed or compensated them following a default, the agency is entitled to withhold refunds from a customer up to the amount owed by that supplier in their case.

That said, there are also insurance policies and guarantees on the industry side, and nothing prevents an agency from making a goodwill gesture toward an affected customer.

Health or Administrative Issues During Travel

Responsibility: the agency.

In the case of selling package holidays or tours (but not standalone flights), the agency is required to notify the customer of any necessary administrative or health advice and/or obligations when traveling abroad, including the timeframes for compliance. Therefore, if an issue of this nature arises, the customer can take action against the seller if the information was not provided.

Visa or Entry/Exit Denial

Responsibility: the individual or the agency.

There are two scenarios: either the visa is denied by the consulate before departure, or local authorities refuse entry or exit due to inadequate travel documents or other reasons (such as not having a return ticket).

In both situations, local or consular authorities have the final say (without any obligation to justify their decision), and you have no recourse against them.

In the case of a visa refusal before departure—and thus a canceled trip—you may be able to claim on your insurance if the "visa refusal" clause is included in the contract. In other cases, you will have to bear the consequences, including financial ones, that may arise. However, for package holidays or tours, you may have recourse if you can prove that the agency selling the services did not adequately inform you of the administrative or health obligations as required by law.

Theft of Belongings or Money at the Hotel

Responsibility: the hotelier or the guest.

Unless your belongings are under the direct responsibility of the property owner (e.g., safes, lockers, attended cloakrooms), there is little chance of recovering anything. In short, it is up to you to be careful and take responsibility. Therefore, leaving your belongings in your room—or even in an area not designated or supervised for storage—does not hold the hotelier liable, even in high-end establishments.

Insurance may cover material losses but will not reimburse lost cash.