The situation in the Middle East has continued to deteriorate – with noticeable consequences for travelers too. Flights are canceled, airspace is closed, and some vacationers are stuck abroad. Many people are therefore asking themselves: What rights do passengers now have – and can they still cancel their trip free of charge? Paul Degott, a Düsseldorf specialist lawyer for aviation and travel law, explains what rights vacationers now have.

FOCUS online: Mr. Degott, who should travelers contact if they are stuck somewhere in Iran because of the situation?

Paul Degott: The first point of contact is always the contractual partner – usually the tour operator. In the case of a package holiday, the traveler has assumed the obligation to transport the traveler and accommodate him at the holiday destination.

Some travelers are currently trying to return on their own – for example with rental cars or self-booked flights. Can you later claim the costs back from the tour operator?

Degott: In principle, the tour operator must ensure return transport if this is part of the package tour. If he doesn’t do this, the traveler may be able to act himself. What is important, however, is that you should contact us beforehand, set a deadline and announce that you will otherwise arrange a return journey yourself. The costs could then be claimed later. However, it is questionable whether a rental car has to be paid for.

Many Germans are currently stuck abroad even though they should actually be working again. Can you hope for continued payment of wages?

Degott: A problem arises here because the employee basically bears the so-called travel risk. This means that he is responsible for returning from vacation on time. If that doesn’t work, you should definitely talk to your employer. Unpaid vacation days can often be taken into account.

Are you entitled to use overtime or vacation days?

Degott: This is a matter of negotiation between employee and employer. If there is overtime, it may be possible to offset it. But this always has to be tailored individually.

Can those affected receive money for lost wages via the EU Air Passenger Rights Regulation?

Degott: No. The Air Passenger Rights Regulation has a different purpose. It may provide for a flat-rate compensation payment of 250, 400 or 600 euros – depending on the flight route. However, only if the regulation applies at all and there are no exceptional circumstances. In addition, it only applies to flights from the EU or with EU airlines. If travelers are stuck in the Emirates with an Arab airline, for example, in many cases it doesn’t work at all.

In such a situation, are employees entitled to work from abroad?

Degott: This also depends on the employer. Whether someone does their work on site or in the home office is generally agreed between employer and employee. If the technical requirements are present, this can be a solution – but there is no automatic entitlement to it.

The Easter holidays are just around the corner. Who can now cancel their trip free of charge?

Degott: In principle, anyone can cancel their trip at any time. However, cancellation costs usually apply. Cancellation free of charge is only possible if there are exceptional circumstances that would significantly affect the trip. In case of doubt, the traveler must be able to prove this – for example with official warnings from the Foreign Office.

If someone wants to travel to Crete and is afraid of an escalation in the Middle East – is that enough for a free cancellation?

Degott: Probably not. Courts look very closely at whether the specific holiday destination is actually affected. For example, if you’re lying on the beach in Crete, it’s hard to argue that events in Iran or the Gulf States are directly affecting your trip. Pure fear is usually not enough.

Recently there was a drone attack on a British military base in Cyprus – relatively close to Greece. Would something like this change the legal assessment?

Degott: Such events can of course change the security situation in the region. However, this is usually not automatically enough for you to cancel a package holiday free of charge. The decisive factor is always whether significant disruptions are to be expected at the specific holiday destination – for example due to travel warnings from the Foreign Office, specific dangers or restrictions on site. If vacations in Crete are possible as normal and air traffic is functioning, it will still be difficult to cancel free of charge simply because of an attack in the region.

What should vacationers definitely not do hastily now?

Degott: I would strongly advise against acting rashly and canceling immediately out of fear. You should first get information – for example from the Foreign Office and reputable media – and then make an objective decision. In addition, it is always worth speaking to the tour operator beforehand. A hasty cancellation can quickly lead to high cancellation costs.