Legal Assistance with Cancellations | Legal Aid

Questioner

I booked a tour to a museum I cancel this one month in advance. However, I now have to pay 20% of the total price. Am I legally obliged to do this?

Lawyer

Leisure activities booked on the internet unfortunately do not fall under the statutory cooling-off period of the right of termination. This concerns a contract of assignment with a cancellation clause. These clauses can sometimes be annulled if they oblige you to pay more than the actual damage incurred as a result of the cancellation. This is certainly the case if your place is simply taken by someone else - because there is a waiting list, because the tour is popular, or whatever. The clause must then be annulled and in the same letter you ask the provider of the service for proof that the tout has not been rebooked.

Questioner

An article in the General Terms and Conditions is referred to by email in response to my cancellation. However, I have not agreed to accept these terms and conditions anywhere in the email exchange. The general terms and conditions are referred to in the following way: 'If changes need to be made to your booking, we would like to refer you to our general terms and conditions.'. And this was only stated in the confirmation. The website also does not mention in any way paying a percentage in case of cancellation or anything like that? Or is it the case that because I receive this confirmation, I immediately agree to the general terms and conditions set by them?

Lawyer

No, when purchasing a product or service on the internet, the main obligations and that you cannot cancel free of charge must be stated prominently. Then the conditions must be checked as read and can be viewed directly or made downloadable.