Force majeure

In Austrian package travel law, the concept concerns events outside the control of the party invoking it. The key question is whether the consequences could still not have been avoided despite all reasonable precautions. A serious security risk, a natural disaster or a major health risk at the destination may be relevant in a package travel case.

For travellers, it also matters whether the performance of the particular trip at the destination or its immediate vicinity is significantly affected. If so, a statutory right to withdraw from the package travel contract without a cancellation fee may arise. Whether a particular cancellation falls within that rule depends on the circumstances, the contract and the affected travel services. The distinction should be read together with the package travel and organiser topic.