Package holidays: what are your rights?
A package holiday is the classic “flight + hotel” purchased from a travel agent, but that’s not all it is! Europe has taken into account the ways consumers book their holidays nowadays, and you and your bank account are protected thanks to Directive 2015/2302.
Q&A: What are your rights when booking a package holiday?
A package holiday consists of at least two tourist services, such as:
- Transport (e.g. flight, train);
- Accommodation (e.g. hotel, house rental, etc.);
- Other tourist services such as ski lessons, car rental, excursions, etc.
To benefit from package travel rights, these services must have been booked:
- Either at the same time with a single company (e.g. travel agency).
- Or in several bookings but you were redirected to partner sites (linked online booking). This is the case if you clicked on a link proposed by a site which redirected you to another partner site where you were able to book another travel service in under 24 hours without having to re-enter your personal information (name, payment method, email, etc.).
- The sale of transport tickets only (plane, train, etc.).
- Rentals of seasonal accommodations.
- Tourist services and packages sold as part of a general business travel agreement.
- Linked travel services (i.e. those purchased by following a link from one seller to another’s site but sold without the transfer of personal data).
- Details of the services included in the package (mode of transport, companies, timetables, type of accommodation, number of nights, visits, meals, etc.).
- Whether the services will be provided in the context of a group of travellers, and the minimum number of travellers required to complete the package.
- The language in which visits and other verbal services will be provided.
- Accommodations available on the holiday for people with disabilities or reduced mobility.
- Contact information (address, phone number, email address) of the organiser and/or seller.
- The total price and any additional costs, as well as payment terms and conditions.
- General information for European nationals concerning passports and visas, including the approximate amount of time required to obtain visas and health formalities for travelling to the destination.
- The possibility of cancelling the contract and the applicable cancellation charges.
- Information on compulsory and optional insurance covering cancellation, assistance, and repatriation costs.
Under French law, a form containing this information must be provided, particularly when the purchase is made remotely or off-premises.
Your contract must be clear, comprehensible, legible, and provided to you in writing on a durable medium.
It must include all the pre-contractual information included above, as well as:
- The contact details of the organiser or seller;
- The contact details of the guarantor (the company with which the service provider has taken out insolvency insurance);
- The contact details of the local representative;
- Mention of the organiser’s responsibility for properly carrying out the terms of the contract;
- A mention that the traveller is obliged to report any non-conformity that they observe during the journey;
- Information on internal procedures for handling complaints and the contact details of the designated mediator.
If any changes were made BEFORE departure, the professional must inform you as soon as possible so that you can:
- Either cancel the contract free of charge (i.e. with a full refund of the amount already paid) if the changes are significant,
- Or to accept the changes by means of an amendment listing the approved changes and any impact on the price.
The cases in which the seller may request additional charges are strictly limited.
If changes are made AFTER departure (services are not provided or different from the contract), the company must:
- Either offer alternative services at no extra charge (unless this is impossible or would involve disproportionate costs),
- Or reimburse you for the services not provided.
Good to know: if the professional does not offer a solution within a reasonable time frame, you can take the necessary steps and claim reimbursement of the expenses incurred.
If it is your return journey that is affected, the professional must organise your repatriation and pay for any additional accommodation costs (up to a maximum of 3 nights).
Please note: you are not entitled to any additional compensation (above and beyond the reimbursement of services) if the modification of the holiday is a result of force majeure for the professional.
Yes. Even if your booking is confirmed, the price of your trip may still be revised, subject to certain conditions:
- An augmentation or reduction in the price of the trip must be a result of a change in the price of fuel, taxes, or charges imposed by third parties (e.g. airport tax) or exchange rates.
- If your contract stipulates that price changes may occur, it must include both an “increase” AND a “decrease” clause, as well as the terms and conditions for calculating the price revision.
- The increase must not exceed 8 percent of the total cost. If it does, you have the right to cancel the contract free of charge and receive a full refund of the sums paid.
- You must be informed of this price change in a clear and comprehensible manner no later than twenty days before the start of the trip.
If the contract is cancelled by the seller or organiser, you must be reimbursed in full.
However, you may not claim additionalcompensation if:
- The minimum number of participants set out in the contract has not been reached, and the professional has informed you of this within the time limits laid out according to the law.
- The contract cannot be performed due to exceptional and unavoidable circumstances.
- If you are no longer able to travel for personal reasons, you can ask for your trip to be cancelled, but a penalty fee will be charged. These charges must be appropriate and justifiable by the professional. The contract may provide for reasonable standard changes depending on the date of cancellation before the trip.
- You may cancel the trip free of charge in the event of exceptional and unavoidable circumstances arising at your destination.
- Please note that there is no right of withdrawal on package holidays, even when purchased online.
- Remember to take out cancellation insurance if you feel it is necessary.
You can transfer your trip before departure. You must inform the vendor within a reasonable period of time. Your replacement must meet the same conditions and accept the trip on the same terms. A fee may be charged for this change, but it must be justified and reasonable.
Any professional selling travel packages within the European Union must insure against insolvency with an EU-based financial institution. This way, they should be able to reimburse the consumer or repatriate them in the event of bankruptcy.
You can go directly to the guarantor to activate your right to travel or to be reimbursed. You can find their details in your contract.
Good to know: travel agencies operating in France must be registered. This is granted if they can prove that they have a financial guarantee against insolvency and civil liability insurance.
Check whether or not you have booked a package holiday!
Thanks to Directive 2015/2302, travellers are better informed about their trips and better protected in the event of cancellation or bankruptcy of the travel agency or tour operator. But how do you know if this protection is included? We distinguish between different situations:
- I bought my flight and hotel reservation at the same time.Both services were paid for in the same transaction and appear on the same order confirmation. You have booked a package holiday.
- I bought plane tickets and the same site offered to book the hotel, which was provided by one of its partners. I didn’t need to enter my information a second time (name, payment method, email, etc.) to book my hotel less than 24 hours after purchasing the tickets. You are protected under package travel regulations.
- I bought plane tickets and the airline suggested I go to a partner’s website to book my hotel. Less than 24 hours after buying my tickets, I was redirected to the hotelier’s website, where I had to provide all of my information for the booking. This is a tied sale, but the rights of package travel do not apply and you must be informed of this.
- I bought plane tickets and the airline suggested I go to a partner’s website to book my hotel. More than 24 hours after buying my tickets, I was redirected to the hotelier’s website where I had to provide all of my information for the booking. Each service is a separate contract with no link and no specific liability for the intermediary sellers.
- I bought my plane tickets on one site and then went to another site to book a hotel. Each service is a separate contract with no link and no specific liability for the intermediary sellers.
Who do I contact in the event of a problem?
- If you have a problem before departure, contact the seller of the services (travel agency, website, airline, etc.) or the organiser (tour operator, travel agency, service provider, etc.) to try to resolve your dispute.
If you have used a German agency, consult the information on the European Consumer Centre website.
- In the event of a problem during your stay, inform the contact person given to you by your agency in writing as soon as possible. If there is no contact person on site, contact the seller or organiser of the holiday directly, whose details are given in your contract.
- If you have an unresolved dispute with a European travel agency, contact us! If you live in France and your dispute is with a French travel agency, contact a French consumer association or the mediator appointed by your travel agency.
Good to know: disputes arising from the application of Directive 2015/2302 are time-barred after a period of 2 years. You will therefore have no further recourse against the seller or organiser of your holiday once this period has elapsed.
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Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Innovation Council and Small and Medium-sized Enterprises Executive Agency (EISMEA). Neither the European Union nor the granting authority can be held responsible for them.
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