Worldwide travel warning except for 10 countries

What is considered "tourist" and "non-essential" travel?

The quasi-global warning corresponds to security level 6 for tourist and non-essential travel only. Urgent professional travel, transit or commuting from one country to another are excluded from the warning level.
But what about the other exception - urgent family reasons? Does a visit to relatives abroad for Christmas or New Year's Eve fall within this exception?
No! A Christmas visit does not qualify as an urgent reason. Examples of urgent family reasons include a death in the family or caring for a relative in need of assistance. Thus, the Ministry of Foreign Affairs issues a dedicated warning against all tourist and non-essential travel, including vacation and family visit travel to these countries!

Warning is not a ban

What is the legal consequence of making the trip anyway? This is a warning and not a regulation, such as the
3.COVID-19 protective action regulation issued by the federal government. 

Was ist die juristische Konsequenz, wenn man trotzdem die Reise macht? Es handelt sich hier um eine Warnung und keine Verordnung, wie etwa die
3.COVID-19 Schutzmaßnahmenverordnung der Bundesregierung. If you return to Austria from a country with this warning level, you still have to undergo a 10-day quarantine. The exception here is again the 10 countries listed above. From the 5th day onwards, you can be cleared by means of a PCR or antigen test in order to get out of quarantine.
Nevertheless, we of course strongly recommend against planned trips! Also note that the countries or regions in question have strict quarantine regulations or even emergency laws in force that restrict your usual rights and services available.

What does this extended warning mean for trips that have already been booked and paid for?

• Package travel

If you have booked a package tour (i.e. a combination of several travel services, such as transport and accommodation) for the period of the Christmas holidays, we believe that you can withdraw from the trip free of charge due to the Covid19 travel warning of the Austrian Foreign Ministry. 

If the trip is further away (e.g. after the Christmas holidays), it is legally unclear whether you can already withdraw from the contract free of charge. The further away the departure, the less likely it is and it is also questionable how long the Covid19 travel warning of the Austrian Foreign Ministry will be maintained. If you do not want to wait, we recommend contacting the tour operator or possibly the travel agency and clarifying whether an amicable solution can be found.

If the trip is further away (e.g. after the Christmas holidays), it is legally unclear whether you can already withdraw from the contract free of charge. The further away the departure, the less likely it is and it is also questionable how long the Covid19 travel warning of the Austrian Foreign Ministry will be maintained. If you do not want to wait, we recommend contacting the tour operator or possibly the travel agency and clarifying whether an amicable solution can be found.

• Individual travel

If you have only booked a hotel or apartment, we recommend contacting the company and asking whether an amicable solution can be found here. These contracts are generally subject to the national law of the country of travel. Part of the contract is only the accommodation / transport service and as long as the hotel is open and remains open or as long as the regular service etc. is maintained, the company can fulfil its part of the contract. Therefore, it is in any case advisable to argue with the travel warning of the Austrian Foreign Ministry. 

If you have only booked a flight, you should first clarify whether the flight itself is still taking place. If not, you have the right to claim back the costs, as the airline cannot fulfil the contract as booked.

If the flight takes place and is planned to a country for which the Covid19 travel warning exists, we are of the opinion that you can withdraw from the contract of carriage free of charge due to a lapse of the basis of the contract.

• Foreign travel agents and tour operators

Although there is no current case law on this, from our point of view the Covid19 travel warning issued by the Austrian Foreign Ministry applies to persons residing in Austria.
Even if a foreign travel company insists that it has indicated in its general terms and conditions that the national law of the company's registered office applies (e.g. German law), it must be argued that the travel warnings issued by the Austrian authorities apply to Austrian travelers.

Conclusion

Even though the travel warnings now cover more countries, the travel law lessons learned months ago because of the pandemic still apply. Read more about this in our FAQs on travel law in times of COVID-19.