“Mein Schiff 3” accident: Cruise canceled after collision: What vacationers are entitled to

German autumn instead of Spanish sun: After the “Mein Schiff 3” accident, the holiday dreams of around 2,500 passengers were dashed. A lawyer will explain what rights you have in such a case.

The consequences of the collision are clearly visible: The “Mein Schiff 3” has to go to the shipyard for repairs after the collision in Bremerhaven. Photo: Sina Schuldt/dpa

Bremerhaven/Würzburg. The planned three-week cruise ended unplanned while it was sailing: After the “Mein Schiff 3” collided with container ships in Bremerhaven, Tui Cruises canceled the 20-day trip to the Canary Islands. The ship has to go to the shipyard for repairs.

For the passengers this means: German autumn instead of Spanish sunshine. In such a case, do you have the right to a replacement trip? Attorney Kay Rodegra explains what applies to such a cruise cancellation due to an accident.

Do holidaymakers get their money back?

Yes. If a tour operator - in this case Tui Cruises - cancels a cruise right at the beginning, you are entitled to a refund of the full travel price, as the expert makes clear.

Can travelers request an equivalent replacement trip at a later date?

No, says Rodegra. “The traveler does not have a legal right to a later replacement trip, but the tour operator and customer can of course mutually agree that a replacement trip will be carried out.”

Conversely, if the organizer offers a replacement trip on his own initiative, the customer can also refuse. “If he doesn’t want to do this, he is entitled to a refund of the travel price if the original cruise is canceled,” explains the lawyer who specializes in travel law.

Is there a chance of compensation?

If a trip is thwarted, the vacationer can claim compensation for wasted vacation time, said Rodegra. “However, this claim does not exist if the tour operator can exonerate himself or, so to speak, deny fault.”

This is the case, for example, if a third party is responsible for the reason for the cancellation and this was not foreseeable or unavoidable for the tour operator, or if the cancellation is based on so-called unavoidable, extraordinary circumstances. “In the event of an accident on a cruise ship, it must be determined who is responsible,” explains the lawyer.

What if further cruises are canceled because of the damage?

There is currently no information from Tui Cruises as to whether further “Mein Schiff 3” trips planned for later in the year will take place or whether they will also have to be canceled as a result of the accident.

In the event of a cancellation, according to lawyer Rodegra, the same claims apply as if the trip was interrupted. The customer receives the travel price or deposit paid back and may have further claims for damages.

In such a case, as a holidaymaker, do you have to accept a rebooking to another ship with a different route?

No, said the lawyer. “If there are significant changes to the contractually agreed services of the travel contract, the holidaymaker can withdraw from the contract free of charge.”