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Emergency

Travel agency gave wrong advice: damages for faulty consulting

A travel agency must advise you correctly and point out important matters, for example entry and visa requirements, passport or vaccination requirements and the suitability of the trip. In the case of faulty advice that causes you a loss (e.g. a trip not taken), a claim for damages may exist.

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Your chances of getting your money back

If the travel agency breaches its advisory and disclosure duties and this causes you a loss, a claim for damages may exist (§ 280 BGB), for example for a trip that cannot be taken because of wrong information.
The duties include in particular notices on entry, passport and visa requirements and on the suitability of the trip for your needs, as far as recognizable. What matters is what was specifically discussed.

What you should do now

  1. 1

    1. Reconstruct the advice

    Record what was advised and promised and which important notices were missing.

  2. 2

    2. Show the loss

    Describe the concrete disadvantage (e.g. additional costs, a trip not taken or broken off).

  3. 3

    3. Assert the claim

    Demand compensation for the loss in writing with a deadline and name the duty breached.

  4. 4

    4. Secure evidence

    Collect receipts, documents and witnesses. For larger losses, legal support is worthwhile.

How to spot the scam

  • Important entry, passport or visa notices were not given.
  • The recommended trip clearly did not match your details.
  • Promises from the advisory conversation are not reflected in the documents.

Frequently asked questions

Must a travel agency inform me of entry requirements?

A travel agency has advisory and disclosure duties and must in particular point out recognizably important matters such as entry, passport and visa requirements. If it fails to do so and you suffer a loss, a claim for damages may exist.

What loss can I demand?

The disadvantage caused by the faulty advice, for example additional costs, a trip that cannot be taken or is broken off because of wrong information, or additional expenses. You must show the connection to the faulty advice.

How do I prove the faulty advice?

Through the documents, promises, emails and witnesses from the advisory conversation. Record the course of events as precisely as possible. For larger losses, legal support helps to enforce the claim.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.