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Vojtěch Adámek, attorney and head of the Hradec Králové branch of endors, and his colleague Beáta Pultarová describe how to properly file a complaint about a tour. When are you entitled to a discount according to the Frankfurt Table, when are you eligible for compensation for the loss of enjoyment of your vacation, and what to do if the travel agency goes bankrupt before your departure.
A tour is considered defective when the travel agency's performance does not match what was agreed upon in the contract. All binding parts of the contract are significant, typically the catalog or other offer, terms and conditions, and surcharges for specific services. From the customer's legal perspective, the severity of the defect is the deciding factor.
If the travel agency does not provide a remedy within a reasonable time frame that you set for them, you can fix the defect yourself and have the necessary costs reimbursed.
There are situations where a substantial part of the travel services cannot be provided as agreed in the contract. The law does not explicitly define them, but these are defectsthat fundamentally disrupt or prevent the purpose of the trip. Examples include accommodation in a different hotel, the cancellation of a significant part of the itinerary, or the absence of services that form the core of the trip.
According to legal doctrine, substantial defects are generally considered to be those that, according to the Frankfurt Table (see below) , would result in a price reduction of 20 to 50 percent of the total cost of the trip. If the tour operator fails to remedy the defect within a reasonable time, you have the right to withdraw from the contract in the case of substantial defects without paying a cancellation fee.
"People often associate travel defects only with things that are glaringly obvious, such as a dirty room or a cancelled excursion. But everything you specifically ordered and paid extra for, such as a sea view, can determine whether or not you are entitled to a discount," says attorney Vojtěch Adámek.
"The biggest mistake I see is clients waiting until they get home to file a complaint. The dispute then proceeds without photos, without confirmation from the representative, and without witnesses.
The travel agency can simply claim that the defect never existed or that they only learned about it from an email three weeks after the return. Proving anything after the fact is much more difficult," adds lawyer Beáta Pultarová.
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Once you have properly reported the defect, there are four basic claims to consider. In practice, these can be combined. You are entitled to a discount on the price of the tour even if the organizer eventually fixes the defect, provided it lasted for some time.
The primary claim is remedying the defect. The travel agency is obligated to fix it within the time limit you set. They can only refuse if the repair is objectively impossible or if it would require unreasonable costs relative to the extent of the defect and the value of the service in question.
If the travel agency does not act within the time limit, you can arrange for the remedy yourself. This means paying the difference for a better room, rebooking different accommodation, or paying for the promised excursion with another provider. The travel agency is then required to reimburse you for any necessary expenses.
"You have the right to remedy the situation yourself without waiting for the deadline to expire if the organizer refuses to fix the issue or if the situation is urgent, such as arriving at your destination in the middle of the night," adds attorney Vojtěch Adámek.
You are entitled to a discount on your package tour for the period during which you were unable to properly use the service. The amount must be proportional to the extent and duration of the defect. In practice, courts use the Frankfurt Table of Discounts, which we discuss below.
Canceling a package tour contract is the most extreme measure. It is only an option in cases of significant defects. The contract is terminated from the beginning, and the organizer is required to refund all payments you made for the tour within fourteen days at the latest. A prerequisite for cancellation is that you must have previously reported the defect and it was not resolved within a reasonable timeframe.
The Frankfurt Table is a non-binding overview that courts in Europe use as a guide for determining the amount of a discount on a package tour price. It is not a binding legal standard, but in practice, it is the most frequently cited guideline. Travel agencies encounter it regularly in legal disputes.
The table divides defects into four categories: accommodation defects, catering defects, transport defects, and other defects. It assigns a percentage range of discounts from the tour price to each. The specific amount within the range depends on how long the defect lasted and how significantly it affected the rest of the stay.
The percentages listed are for guidance only. For longer stays and when multiple defects occur simultaneously, the percentages are added together. The table serves as an estimate of what you can reasonably claim, but not for automatic calculation. It is always best to consult a lawyer regarding the specific amount.
In addition to a discount on the tour price, in certain situations you also have the right to financial compensation for the disruption of your holiday, known as "loss of enjoyment of a holiday".
These are situations where a defect in the tour literally ruined your holiday. This often involves circumstances that substantially undermined the very purpose of the trip.
The claim arises under two conditions.
The best idea of where the line is drawn regarding what truly constitutes a loss of vacation enjoyment is provided by Supreme Court case law. Using three rulings from recent years, we will show you when you are entitled to compensation for loss of vacation enjoyment and when you are not.
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"Compensation for loss of vacation enjoyment is not a universal right. It must be an interference that fundamentally shifts the vacation from an experience to a disappointment. However, it is precisely with a combination of several minor defects that there is a higher chance the court will grant you this claim. Clients often do not realize this and do not even include it in their demands to the travel agency," says attorney Vojtěch Adámek.
Flight delays or cancellations are governed by separate regulations. Compensation for a delay of more than three hours at the final destination or for a cancelled flight can range from 250 to 600 euros, depending on the flight distance.
You file the claim directly with the airline, even if the flight was part of a package tour. Compensation for the flight and claims against the travel agency can be pursued simultaneously.
We have written a complete guide on when a claim arises, how to calculate it, and what to do if the carrier rejects your claim in a separate article.
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Every travel agency must have insolvency insurance. The policy covers your trip home if you are already at your destination, a refund for the tourthat never took place, as well as a proportional part of the price for the unfulfilled portion of the tour.
Contact the insurance company with which the travel agency held its insolvency insurance. Keep all contracts, vouchers, invoices, and payment confirmations. Upon submission, the insurance company will refund the price paid for the tour.
Contact the travel agency's insurance assistance line. Most insurance companies have a 24/7 crisis hotline. At the same time, contact the travel agency representative if they are still available. If the agency refuses to act and the representative disappears, contact the Embassy of the Czech Republic in the given country. They will assist with practical steps, contacts, and, in extreme cases, with repatriation.
Without undue delay; the law does not set a specific deadline, but the sooner you report it, the stronger your position. Ideally, do it right on the spot.
Yes, you are entitled to a discount for the time you were unable to properly use the service, even if the trip was not cancelled.
Check the Ministry of Regional Development (MMR) website, where it can be found.
You can always withdraw before the trip begins, though a cancellation fee may apply. Withdrawal is also an option if the organizer fails to remedy a significant defect that substantially disrupts the trip.
Yes, information provided in the offer, catalog, or during the contract signing can also be significant if it influenced the customer's decision.
Dissatisfaction alone is not enough. A claim usually arises only if the services provided did not match the contract or if there was a failure in performance.
The law does not set a fixed amount. The compensation depends on the severity of the defects, how long they lasted, the price of the tour, the impact on the stay itself, and other factors.
Yes, if the service did not meet the contract for a certain period, you may still be entitled to a discount even if the situation was later rectified.
Contact us at adamek@endors.cz. We will assess whether you are entitled to a remedy, a discount, or a refund for your vacation.
Vojtěch is an attorney and head of the endors branch in Hradec Králové. He focuses primarily on contract law and litigation, with over 300 negotiated and drafted contracts to his name.
Junior associate at the endors branch in Hradec Králové, specializing in family law, contractual relations, and litigation.
