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Book 2 · Law of obligations  ›  Subtitle 4 · Package travel contract, brokerage of travel contracts and brokerage of linked travel arrangements › Section 651h

Rescission before the start of the package

(1) Before the start of the package, the traveller may rescind the contract at any time. If the traveller rescinds the contract, then the organiser no longer has a claim to the price agreed for the package. However, the organiser may demand reasonable compensation.

(2) Reasonable standard compensation amounts may be specified in the contract, also by way of pre-worded terms of contract, that are based on the following criteria:

1.  the period between the declaration of rescission and the start of the package,

2.  the expenses the organiser is expected to save and

3.  the expected gains resulting from an alternative deployment of the travel services.

Where no standard compensation amounts are specified in the contract, the amount of the compensation is determined by the price of the package less the value of the expenses saved by the organiser as well as less what the organiser gains by deploying the travel services otherwise. On demand by the traveller, the organiser is obliged to cite the grounds for the amount of the compensation.

(3) In derogation from subsection 1 sentence 3, the organiser may not demand compensation if unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity significantly affect the performance of the package or the carriage of passengers to the destination. Circumstances are unavoidable and exceptional within the meaning of this Subtitle if they are not subject to the control of the party who invokes such a situation and if their consequences could not have been avoided even if all reasonable measures had been taken.

(4) Before the start of the package, the organiser may rescind the contract in the following cases:

1.  fewer persons than the minimum number of participants set out in the contract have enrolled for the package; in such event, the organiser is to declare their rescission within the period of time specified in the contract, but no later than

a)  20 days before the start of the package if the duration of the package is longer than six days,

b)  seven days before the start of the package if the duration of the package is at least two and at most six days,

c)  48 hours before the start of the package if the duration of the package is less than two days,

2.  the organiser is prevented by unavoidable exceptional circumstances from performing the contract; in such event, the organiser is to declare their rescission without undue delay upon having become aware of the grounds for rescission.

If the organiser rescinds the contract, then they no longer have a claim to the price agreed for the package.

(5) If the organiser is obliged, as the consequence of the contract having been rescinded, to refund the price of the package, it is to pay such refund without undue delay, but in any case within 14 days following the rescission.

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