Reiserecht: Ersatzurlaub gebucht? Entschädigung kann trotzdem zustehen

When a group holiday to a dream hotel is cancelled at the last minute, victims are entitled to compensation beyond the refund of the money they paid, according to the Oberlandesgericht Frankfurt am Main. This additional compensation, known as "useless consumption of vacation time," applies regardless of whether the affected individuals quickly find another holiday to take during the cancelled period.

The court's ruling was based on a recent case involving a family that booked a one-year advance club holiday that was cancelled a month before departure. The organizer offered alternative accommodation at the same type of club hotel, but the alternative was not of equal value because it was not a club hotel of the same kind. The family declined an offer to book an alternative at a similar facility in another country, opting instead to cancel the trip and book an alternative themselves.

They demanded compensation equal to 85 percent of the approximately €12,800 they had paid for the trip. The Landgericht Frankfurt am Main, the first instance court, awarded them 50 percent, or roughly €6,400. The court considered factors such as the higher value of the club holiday and the short notice of the cancellation, making it difficult for the family to find a satisfactory alternative.

However, they still had the vacation time, which prevented the situation from being equated to cases where the travel experience was significantly disrupted, making the holiday nearly completely unsuccessful. The family's compensation was deemed reasonable based on the fact that they were still able to utilize their vacation time.

The organizer appealed the decision, but the Oberlandesgericht dismissed their appeal in its ruling, making the Landgericht's decision final.