Beach closed! What rights holidaymakers then have
For annoying algal blooms or striking lifeguards: A closed beach is one of the most annoying things during a vacation. Do refunds apply? An expert explains the legal situation.
A closed beach can, under certain circumstances, be a travel inconvenience. Tourists could then partially reduce the travel costs.
This is particularly the case with beaches that are within the reach of hotels or tour operators, as travel lawyer Paul Degott points out.
The condition for the travel agent to bear the risk for beach usage: They must have made corresponding promises - for example, if the beach was clearly advertised in the travel description. Degott: "Then it must also be ensured that the travel customers can use this beach, even with regard to lifeguards."
The legal situation for public beaches
The situation is different for public beaches, whose maintenance is the responsibility of the respective municipality, according to the specialist lawyer from Hanover.
If access is denied from public authorities, it would be an uncontrollable risk for the travel agent, and the tourist would have to put up with it. "This would only not apply if the travel agent - without fault - had also guaranteed the access and use of the beach and swimming in the sea in the offer and thus contractually," Degott explains.
Generally, the prospects for reduction claims according to Degott's assessment are low if public beaches are not usable.
When the beach problem is long-term
The situation may be different if a beach ban at a public beach becomes a long-term issue - for example, due to an algal bloom or longer strikes by lifeguards. This would fall into the information duty of the travel agent, according to Degott. They should inform travelers about this worsened situation at the vacation destination beforehand. This would give them the opportunity to decide whether the beach ban is a decisive reason for them to withdraw from the travel contract.
If the agent did not do this and if the beach situation at the vacation destination actually turned out to be dramatic, Degott states, "then a reduction claim based on information duty violation could arise."
Practical example - Algae on the dream beach in the Caribbean
The Landgericht Frankfurt am Main granted Caribbean vacationers a 20% price reduction in 2019 due to extensive algal blooms on the beach and in the sea. (Az.: 2-24 O 158/18).
In the contested case, it concerned a package tour in the Dominican Republic. The travel agent advertised the beach on photos with a wide, white sand beach, and the five-star hotel "directly on the beach."
Due to the algal bloom, bathing and other athletic activities were not possible during the entire vacation - a travel inconvenience. While the agent was not necessarily responsible for the area outside the hotel, they had particularly emphasized the beach's condition in this case.
- In the event of a long-term beach ban due to factors like persistent algal blooms or repeated lifeguard strikes, travel advisors have a duty to inform consumers about the worsened situation at the vacation destination. This allows travelers to make an informed decision about whether to cancel their trip.
- Consumers might be entitled to a reduction claim if a travel agent fails to fulfill their information duty regarding long-term beach issues, such as a severe algal bloom, and the promised conditions at the vacation destination significantly differ from reality.
- Travel law expert Paul Degott emphasizes that the legal situation for travelers using public beaches is different when access is denied by public authorities. In these cases, the tour operator's liability is limited, except when they also guarantee beach access and usage in the offer and contract, thus assuming an additional risk.
