THE HAGUE – A Dutch appeals court has ruled that travel company Prijsvrij.nl cannot charge cancellation fees for a package holiday to Curaçao, after finding that the cancellation itself was not legally valid.
The case concerned a trip valued at more than €2,300 that had been booked by a customer but was not paid on time. The trip was subsequently cancelled, after which the company sought to recover more than €2,500 in cancellation fees.
However, the Gerechtshof Den Haag determined that the cancellation procedure did not meet legal requirements. The underlying travel organizer, Sunmix International, should have issued a clear prior warning to the customer, including a 14-day payment deadline and an explicit statement that failure to pay within that period would result in automatic cancellation.
According to the court, while the customer did receive payment reminders, these communications did not clearly state that the booking would be cancelled after a 14-day period. The necessary warning was only provided after the scheduled travel date had already passed.
Because these conditions were not properly met, the court ruled that the cancellation was invalid. As a result, the claimed cancellation fees are not legally enforceable, and Prijsvrij.nl cannot recover the amount from the customer.
The ruling upholds an earlier decision by a lower court and means the travel provider must bear the costs of the legal proceedings.
The case underscores the importance of clear communication and strict adherence to consumer protection rules in the travel industry.