Quick Overview
What to Do If Your Vacation Goes Wrong?
- Unsatisfactory accommodations or services: Report the problem with the trip to the tour operator without undue delay and request a remedy.
- Travel Complaint: If the services provided differ from what was agreed upon, you may request a reasonable discount on the price.
- Travel agency bankruptcy: Contact the insurance company or bank that provides statutory protection in the event of bankruptcy, and follow their instructions.
- Lost Luggage: Report the problem immediately to the relevant carrier and keep the confirmation and any other evidence.
- Seriously Ruined Vacation: In addition to a discount, you may also be entitled to compensation for damages or losses resulting from the disruption of your vacation, provided you meet the legal requirements.
Is the travel agency refusing to accept your claim or refund your money? We’ll help you assess what you’re entitled to and prepare a legally grounded demand for rectification or compensation. You don’t have to deal with the travel agency on your own.
Travel Agency Bankruptcy: When the Law Protects You and When You’re on Your Own
The fear of a travel agency’s bankruptcy is not just a theoretical concern. Fortunately, the Czech Republic has relatively strong consumer protection in place thanks to Act No. 159/1999 Coll., on Certain Conditions for Doing Business in the Tourism Sector. Every travel agency must have statutory insurance in place in case of bankruptcy, which covers the refund of money paid for a trip that did not take place, as well as the potential cost of arranging clients’ return to the Czech Republic.
If a travel agency actually goes bankrupt, the client contacts the insurance company directly with which the agency has taken out insurance. The insurance company is then obligated to satisfy the clients’ claims. However, this protection applies only to package tours—that is, service packages combining transportation, lodging, and other services sold by the travel agency.
The situation is different for independent travel, where the client books airline tickets, a hotel, or a rental car separately on their own. In such cases, statutory protection does not apply. If an airline or hotel goes bankrupt, the customer must recover their money on their own, often in a foreign country and under foreign law. Therefore, when traveling independently, it is wise to consider high-quality commercial insurance covering cancellation or bankruptcy of individual service providers.
Are you solving a similar problem?
Solutions Tailored for You
Our team of experienced attorneys will help you solve any legal issue. Within 24 hours we’ll evaluate your situation and suggest a step-by-step solution, including all costs. The price for this proposal is only CZK 690, and this is refunded to you when you order service from us.
I Need help
- When you order, you know what you will get and how much it will cost.
- We handle everything online or in person at one of our 6 offices.
- We handle 8 out of 10 requests within 2 working days.
- We have specialists for every field of law.
Vacation Complaints: How to Properly File Claims for Discounts and Compensation
There are rules for vacation complaints that you should know before you even set out on your trip. The key point is that you must begin addressing most issues while you’re still there. For example, if you’re given a room that’s worse than what was agreed upon, the hotel is in poor sanitary condition, the beach is far from your accommodations, or the promised all-inclusive package isn’t working as advertised, contact the tour representative or hotel staff immediately. Have the situation confirmed in writing—the so-called complaint report serves as important evidence later on.
Real-life example: A family paid for a trip to a four-star hotel, but upon arrival, they were given a lower-standard room without the promised air conditioning. Although they repeatedly brought the problem to the tour operator’s attention, the operator failed to remedy the situation. If the family could document the discrepancy between the agreed-upon services and those actually provided, they could demand a reasonable discount on the price of the trip. Photographs, contractual documentation, and timely notification of the defect would be particularly crucial.
According to the Civil Code, a defect in the trip must be reported without undue delay—ideally during the stay—so that the travel agency has the opportunity to remedy the situation. If the problem persists or the travel agency fails to resolve it, you can still file a claim after your return. Submit your complaint in writing and include photographs, videos, confirmation of the complaint, or correspondence with the tour representative. Depending on the circumstances, you may request a reasonable discount on the price of the trip, compensation for damages, or compensation for the disruption to your vacation.
The so-called Frankfurt Discount Tables are often used to determine the amount of the discount for a defective trip. Although these are not legally binding, they serve as a general guideline: for example, noise in a hotel typically warrants a price reduction of 10–25%, a malfunctioning air conditioner up to 20%, and accommodation different from what was agreed upon even over 50%.
If the vacation was fundamentally ruined, you may also claim compensation for the loss of enjoyment of the vacation (Section 2543 of the Civil Code). However, this is not an automatic entitlement—it must involve a serious breach by the travel agency that ruined the entire vacation (e.g., serious hygiene issues, failure to provide basic services, the need to find alternative accommodations, etc.).
In the event of a dispute, it is recommended to first attempt an out-of-court settlement —for example, through the Czech Trade Inspection Authority (ČOI). Legal action is typically pursued in more serious cases and for larger claims.
Has the travel agency rejected your claim or offered insufficient compensation? Have our attorneys assess whether you are entitled to a larger discount or compensation. We will also help you prepare a pre-litigation notice and determine the next steps.
Tip for article
Did your vacation not turn out the way you expected? Was the hotel advertised as being right on the beach actually two kilometers away, and instead of oleanders, a garbage dump “fragrantly” wafted beneath your windows? How do you file a complaint about your vacation?
Vacation Insurance: What Travel Insurance Covers and When It Can Help
Travel insurance is practically a necessity when vacationing outside your home country. However, many people don’t realize what it covers—and what it doesn’t.
If you’re traveling within the European Union, you’re entitled to medically necessary health care thanks to the European Health Insurance Card (EHIC, known in the Czech Republic as the European Insurance Card or the insurance card with the EU logo). This card ensures you receive treatment within the host country’s public health care system under the same conditions that apply to local citizens. Even so, you may still have to pay copayments, which are common in some countries (such as Germany, Austria, or France). The EHIC also does not cover repatriation—transportation back to the Czech Republic—nor does it cover premium or private care.
Therefore, it still makes sense to purchase commercial travel insurance that covers:
- the costs of private or above-standard medical care,
- hospitalization without a copay,
- transportation back to the Czech Republic (repatriation),
- any costs for medications that would otherwise have to be paid entirely out of pocket.
It’s also a good idea to get accident insurance that covers permanent consequences of an accident or death. Liability insurance is also recommended, as it protects you if you unintentionally cause injury or property damage to someone else.
Many insurance companies also offer trip cancellation insurance, which covers situations where you are unable to go on vacation at all due to serious health or family reasons. Especially during times of frequent strikes or public health crises, insurance covering force majeure events can also be useful.
It’s important to always carefully review the policy terms, coverage limits, and exclusions—for example, standard travel insurance often does not cover extreme sports, chronic illnesses, or pandemics.
Substandard accommodations, lost luggage, and poor services: what you need to prove
Problems on vacation don’t necessarily arise solely from a breach of the travel contract. Often, they stem from specific situations where a particular service fails—such as accommodations, meals, or transportation.
In the case of substandard accommodations, the most common discrepancy is between what was promised and what the customer actually received. This may include a different room type, a lower standard, hygiene issues (mold, odors, dirt), a noisy environment, or missing amenities. To successfully file a claim, it is essential to document everything carefully—ideally, take photos and videos immediately upon arrival, keep promotional materials that specify the standard of accommodation, and, if possible, request a statement from a hotel representative.
In the case of lost or damaged luggage, air transport is governed by international conventions (e.g., the Montreal Convention). Damage must be reported immediately upon arrival at the airport using a PIR (Property Irregularity Report). In the event of lost luggage at the hotel or during a transfer, liability depends on who was in charge of the luggage.
In the case of substandard services (e.g., poor-quality food, failure to honor an all-inclusive package, lack of entertainment), it is also necessary to collect evidence—menus, receipts, photos of meals, communications with staff, etc.
In all these cases, the more specific and objective evidence the client provides, the stronger their position will be in any subsequent dispute resolution.
When a Dispute Ends Up in Court: What Are Your Chances of Success and What to Expect
In practice, most vacation-related issues are resolved out of court—either directly with the travel agency or through the Czech Trade Inspection Authority (ČOI), which acts as a body for the out-of-court resolution of consumer disputes. Court proceedings generally occur only in more complex and high-value cases where an agreement cannot be reached.
What are the chances of success? Above all, it depends on the quality of the evidence. The client must be able to prove what services were promised, what defects actually occurred, how they were reported, and what damages were incurred. Key evidence includes written confirmation of the complaint filed on-site, photographs, videos, emails, or witness statements. General claims such as “the vacation was terrible” are not sufficient.
The court will assess, in particular, the extent of the breach of contract and the reasonableness of the compensation sought. In cases of minor defects, the only point of contention is often the amount of the discount; in serious cases, compensation for the loss of enjoyment of the vacation may also be claimed.
It is important to keep in mind that court proceedings tend to be time-consuming and costly. The client is responsible for court fees, as well as any costs for legal representation and expert opinions. However, if the client has a well-prepared case and sufficient evidence, there is a chance of success.
In any case, the better the dispute is documented in advance, the stronger the negotiating position—even outside of court.
Summary
Problems with a travel agency don’t necessarily mean you have to accept a ruined vacation or a financial loss. If the tour operator fails to provide the agreed-upon services, you can demand corrective action, a reasonable discount on the trip price, and—if the legal conditions are met—compensation for damages or losses resulting from the disruption of your vacation. It is essential to report any issues without undue delay and to preserve evidence. In the event of a travel agency’s bankruptcy, customers are protected by statutory safeguards, which may cover the refund of amounts paid as well as the cost of returning from abroad. If the travel agency rejects the complaint or the dispute cannot be resolved by agreement, a lawyer or an out-of-court consumer dispute resolution process may be of assistance.
Frequently Asked Questions
How can I find out if a travel agency is insured against bankruptcy?
You can find this information in the contract documents and in the list of travel agencies maintained by the Ministry of Regional Development. For Czech travel agencies, you can also verify their bank guarantee.
What if the travel agency goes out of business right before departure?
If the trip is canceled due to bankruptcy, you can request a refund of the money you paid from the statutory insurance. Contact the relevant insurance company or bank and provide proof of the contract and the payments you made.
Can I file a complaint about a trip I purchased through a travel agency?
Yes. You can also report the defect through the travel agency that arranged the sale. However, the tour operator is responsible for fulfilling the terms of the tour contract.
Can a travel agency change the hotel right before departure?
It depends on the nature of the change. If the change significantly affects the essential terms of the tour, you may have the right to refuse the proposed change and cancel the contract without penalty.
Who is responsible for problems with services at a foreign hotel?
If the hotel is part of a package tour, the tour operator is responsible for fulfilling the contract. If you purchased the accommodations separately, you generally handle any claims directly with the service provider.