Tourism law
Glossary

Travel defect

A travel defect in a package travel arrangement occurs when an agreed travel service is not provided or is provided inadequately. The relevant question is whether the service departs from the contractual arrangements, not whether the trip simply fell short of expectations.

In brief

Examples include accommodation that differs materially from what was promised, significant deviations in the booked facilities, or transport that is not provided as agreed. Whether there is a travel defect depends on the agreement, the actual deviation and the circumstances of the individual case.

For package travel, the organiser is generally responsible for providing the travel services included in the contract as agreed. The organiser must remedy a lack of conformity where this is possible and does not involve disproportionate costs. Travellers should report the problem as soon as reasonably possible during the trip and keep booking documents, photographs and other evidence. Depending on the duration and significance of the defect, a price reduction and further claims may be available.

A travel defect is different from a price reduction: the defect describes the lack of conformity, while the price reduction is one possible legal consequence. The glossary entry on price reduction explains that consequence in more detail. For the broader context, see the overview of package travel and the organiser and the package travel check.

General orientation only; not legal advice.

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