The EU Package Travel Directive provides powerful protections for holidaymakers — but only if your booking actually qualifies as a 'package.' The Directive covers combinations of travel services (flights, hotels, car hire, tours) sold together or combined through linked online booking processes. When it applies, you get cancellation rights, organiser liability for performance, price protection, and insolvency coverage. The key risk is booking arrangements that look like a package but technically aren't — leaving you without the Directive's protections.
What is a Organiser Liability?
Under the Package Travel Directive (EU) 2015/2302, a 'package' is a combination of at least two different types of travel services (transport, accommodation, car rental, or other significant tourist services) sold for the same trip by the same trader, or purchased through linked online booking processes within 24 hours from the same point of sale. The 'organiser' (the travel company that puts the package together) is liable for the proper performance of all travel services included in the package. This is a significant protection — it means you have one point of contact for all problems, regardless of which individual supplier is at fault.
Red flags to watch for
Under the Directive, the organiser is liable for the performance of ALL services in the package, regardless of whether they're performed by the organiser or by other service providers. Clauses attempting to shift this liability to individual suppliers are contrary to the Directive.
Article 17 requires organisers to provide security for the refund of all payments and the repatriation of travellers in case of insolvency. If you can't identify the insolvency protection (ATOL, bond, insurance), your money may not be secure.
The Directive allows price increases only if the contract expressly permits it, only for specific reasons (fuel costs, taxes, exchange rates), and the exact calculation method must be stated. Increases over 8% give you the right to cancel with a full refund.
While organisers can charge reasonable cancellation fees based on a sliding scale, fees that are 100% of the price weeks before departure may be disproportionate. The burden is on the organiser to justify the fees based on costs saved.
Under Article 16, the organiser must provide appropriate assistance without undue delay if you're in difficulty (illness, crime, accident). This includes help with communications, finding alternative arrangements, and in certain cases, up to 3 nights' additional accommodation.
Your legal rights
The Package Travel Directive (EU) 2015/2302 provides the framework, implemented in each member state. Key rights: the organiser is responsible for the performance of all included services (Art. 13); you can cancel any time before the start with a reasonable cancellation fee (Art. 12); cancellation is free if 'unavoidable and extraordinary circumstances' occur at the destination (Art. 12(2)); price increases over 8% give you the right to cancel with a full refund (Art. 10); the organiser must remedy non-conformity or provide a price reduction (Art. 14); and insolvency protection must be in place (Art. 17). Complaints should be filed during the trip where possible, and claims can be made through national implementation of the Directive.
Questions to ask before you sign
- 1Is this booking covered by the Package Travel Directive?
- 2What insolvency protection is in place, and how do I verify it?
- 3What are the exact cancellation fees at different stages before departure?
- 4What happens if you need to change a significant element of the package?
- 5What assistance do you provide if I encounter problems during the trip?
- 6Under what circumstances can you increase the price after I've booked?
Disclaimer: This guide is for educational purposes only and does not constitute legal advice. Contract law varies by jurisdiction and individual circumstances. Always consult a qualified legal professional before making decisions based on this information.