The summer holiday season in Europe in 2026 will once again be overshadowed by reports of fires in southern European countries such as Spain, Greece, and France. For many holidaymakers who are about to depart or are already in their destination, the situation raises significant legal questions.
Whether a cancellation is possible without financial loss depends, under German and European travel law, not on personal fears, but on the concrete, verifiable impairment on site. While package holidaymakers enjoy a high degree of protection through legal regulations, independent travelers who book flights and accommodations separately bear a considerably higher financial risk. In these cases, insurance policies also usually do not offer the expected protection.
The legal distinction between subjective concern and objective impairment
When media reports of fires and smoke in a holiday region, it understandably causes concern among guests who have booked trips. However, from a legal perspective, mere worry about a potential danger or a deterioration of the situation on the ground is not sufficient grounds for canceling a travel contract free of charge. The Consumer Advice Center of North Rhine-Westphalia points out in this context that customers bear the general risk associated with a trip as long as there is no concrete danger or significant impairment of the booked services.
According to travel law experts like Iwona Husemann from the North Rhine-Westphalia Consumer Center, cancellations made purely as a precautionary measure without legal recourse remain subject to fees. In these cases, the tour operator's contractually agreed cancellation fees apply, which vary depending on the time remaining before the departure date and can amount to up to 90 percent of the travel price. Only when local authorities issue specific warnings, order evacuations, or the infrastructure is so severely damaged that the contractually agreed services can no longer be provided, does the legal assessment change in favor of consumers.
Package travel law as consumer-friendly protection
Travelers who have opted for a package holiday are in the best legal position in the event of a crisis. European package travel law stipulates that customers can withdraw from the contract free of charge before the start of the trip if unavoidable, extraordinary circumstances arise at the destination or in its immediate vicinity. These circumstances must significantly impair the execution of the package holiday or the transport of persons to the destination.
This definition covers natural disasters such as large-scale fires, earthquakes, or severe floods, provided they make the use of the booked accommodation or travel to the destination impossible. This regulation does not apply to mere inconveniences. Extreme heat waves, which are not uncommon in Southern Europe during the summer months, are not legally considered extraordinary circumstances, but rather a general risk of life that holidaymakers must accept. Only when the heat leads to a power and water outage at the hotel, or when fires directly threaten the property, is the threshold for significant impairment crossed.
Rights in case of disruptions during the journey
If a crisis arises only after the holidaymakers have already reached their destination, package travel law also provides clear mechanisms. If the execution of the trip is significantly impaired by unforeseen events, both the traveler and the tour operator can terminate the contract. In this case, the tour operator loses their claim to the agreed travel price but can demand reasonable compensation for services already rendered.
Furthermore, the tour operator is obligated to arrange the return transportation of guests, provided that transportation was included in the original contract. Any additional costs incurred for the early return, such as those resulting from flight rebookings, must be borne by the tour operator. For the period during which the trip was inadequately conducted, vacationers are also entitled to a price reduction. This applies, for example, if the pool cannot be used due to a lack of water, the hotel has to be evacuated, or planned excursions are canceled without replacement. However, a prerequisite for such claims is that the deficiency is reported immediately to the tour guide on site and documented in writing.
Increased risk for individual travelers with separate bookings
The situation is considerably more complex and often involves financial losses for independent travelers. Those who have booked flights, hotels, or vacation rentals independently and directly with the respective service providers are not covered by the protective umbrella of package travel law. In these cases, the contracts with the individual providers must be considered separately, and foreign law often applies.
For accommodations, the general principle is that the rental price does not have to be paid if the accommodation is inaccessible due to official orders or destruction. However, if the hotel or vacation home is physically undamaged and accessible via transport routes, the contract remains binding. The fact that the surrounding area is affected by ash or that recreational activities in the region are restricted does not generally release the renter from their payment obligation. For flights, the European Air Passenger Rights Regulation applies in the event of cancellations. If a flight is canceled by the airline, passengers are entitled to a refund of the ticket price or alternative transportation. If the flight takes place, however, it is solely at the airline's discretion whether a free rebooking is possible.
Comparison of crisis protection
The differences between the two booking methods can be illustrated by looking at the legal rights in the event of a crisis. The following table provides an overview of consumer rights before and during travel in the event of extraordinary natural disasters:
| Performance range | package tour | individual travel |
| Cancellation before the start of the trip | Free of charge if the destination is significantly affected | Only possible if the specific accommodation is uninhabitable or inaccessible. |
| Return transport in case of cancellation | Organization and cost coverage by the tour operator | Independent organization and full cost burden for the traveler. |
| Price reduction in case of defects | Claim in case of deviation from the contractual service description | Depending on the terms and conditions of the respective provider and local law. |
| Local contact | Single point of contact through the tour guide | Separate communication with airline, hotel and transfer service providers. |
Misconception about travel cancellation insurance: Exclusion in case of natural disasters
Many vacationers are lulled into a false sense of security by assuming that pre-purchased travel cancellation or interruption insurance will cover financial losses in the event of natural disasters. In practice, however, this usually proves to be a misconception. Traditional policies typically only cover personal risks within the insured's sphere of responsibility. These include unexpected serious illnesses, accidents, the death of a close relative, or significant damage to private property, such as burglary or fire at home.
Natural disasters in the holiday destination, such as widespread fires or earthquakes, are explicitly excluded from coverage in the general terms and conditions of almost all insurance providers. The insurance companies argue that the risk of natural disasters in the destination area cannot be covered by individual trip cancellation insurance. In such cases, holidaymakers cannot rely on their insurance but must assert their claims directly against the tour operator or the booked service providers.
The role of travel agents and the need for accurate on-site information
For travel agencies and online booking portals, the ongoing uncertainty during the summer months means an increased need for advice. Travel agents must objectively inform customers about the difference between a general travel warning and specific disruptions. Since the situation in affected areas can change within hours, continuously obtaining information from official sources such as the Federal Foreign Office or local security authorities is essential.
The information policies of some tour operators are often problematic, as they sometimes maintain trips to affected regions for as long as possible to avoid cancellation fees. Consumer advocates therefore advise travelers not to rely solely on information from tour operators, but to conduct their own research on the accessibility and safety of their holiday destination. Documenting the conditions on-site through photos, witness statements, or official announcements is crucial in the event of a later legal dispute regarding price reductions or refunds.