european package travel directive

• Market information

The European Package Travel Directive

• Share this on:

In 2018, the new European Package Travel Directive came into force. This directive protects European travellers’ rights when booking package holidays. It applies to both European tour operators and foreign parties selling travel products directly to European travellers. As a travel organiser who is active on the European market, you should inform yourself about the Package Travel Directive and take the necessary precautions.

Contents of this page

• What is the Package Travel Directive?
• What’s new in the 2018 Package Travel Directive?
• Who does the Package Travel Directive affect and why is it important?
• What are the rights and obligations regarding a linked travel arrangement?
• What options do you have as a travel organiser that sells directly on the European market?
• What options do you have as a travel supplier to European organisers?
• What should you do in response to the Package Travel Directive?

1. What is the Package Travel Directive?

The Package Travel Directive (2015/2302/EU) protects European travellers’ rights when booking package holidays, for example in terms of cancellation, liability, repatriation and refunds. It applies to both European and foreign traders selling travel packages to European travellers, be it directly or via a retailer.

This means that even if you don’t sell your travel products directly to European travellers, you should be familiar with the Package Travel Directive. European tour operators may translate their requirements into demands on you, especially as the Directive makes them responsible for all services in the packages they sell.

New ways of travelling require new rules

In 1990, tourism was one of the first sectors to introduce specific Europe-wide consumer protection legislation through the first Package Travel Directive. Back then, this legislation covered about 98% of European travellers’ holidays. Nowadays, this has become less than 50% through for example the rise of online booking. The definition of what does and doesn’t constitute a package clearly required an update. Because of this, a new Directive was needed.

On July 1st 2018, the new Package Travel Directive came into effect. This update strives to give the consumer (or ‘traveller’) clear information, as well as create a level playing field and a fair internal market. It includes both leisure and business travellers. The details per country vary, although several countries such as the Netherlands have fairly literally translated the European Directive into national legislation. Focusing on specific countries doesn’t make sense, as differences aren’t that significant.

Because this Directive is new and the exact implementation varies between countries, its concrete implications are not yet certain. Future legal challenges may be needed to interpret the Directive and create clarity. This study presents a general overview, along with some preliminary interpretations and predictions of several industry experts.

2. What’s new in the 2018 Package Travel Directive?

The previous Package Travel Directive wasn’t harmonised across Europe, so the exact differences between the old and new legislation vary per country. The most important change is the extended definition of ‘package travel’. Almost anything is package travel now, if it combines at least two of the following types of travel services:

• transport of passengers
• accommodation
• car and motor rental
• other travel services, like excursions, guided tours, or museum visits

Some services that are part of another travel service should not be considered as travel services in their own right. Examples are short distance transport as part of a guided tour, or access to on-site facilities such as a hotel swimming pool.

Six types of package travel

There are now six types of package travel. The first situation is identical to the old Directive:

• a combination of two or more travel services, within one contract by one organiser Example: one organiser offers a combination of accommodation, transport and excursions within one contract. It doesn’t matter whether the package is pre-arranged or combined at the request of the traveller.

There are five new situations that form a package even if there are two or more separate contracts with individual travel service providers , if:

• multiple travel services are bought at a single point of sale and selected before the traveller agrees to pay Example: on a travel website, a traveller has a hotel room in their shopping basket and then adds excursions. The traveller then books these services together.  
• a combination of travel services is offered, sold or charged at an inclusive or total price
• a combination of travel services is advertised or sold under the term “package” (or similar)
• a traveller can choose from a pre-selection of travel services after concluding the contract Example: a gift certificate  
• after selling a travel service, the first trader links the traveller to a second trader and transmits their name, e-mail and payment details . The traveller must book the second travel service within 24 hours of confirmation of the first. This is an online click-through package. Example: an airline sells a flight ticket. After the booking is made, the airline links the traveller and transmits their details to a hotel booking website where the traveller makes this second booking within 24 hours.

There is no package if the combination covers a period of less than 24 hours and does not include an overnight accommodation. For ‘other travel services’ such as tours and activities to form a package, they must make up at least 25% of the package value or be an essential feature of the package.

Linked travel arrangements

The Package Travel Directive also introduces a new concept called a ‘linked travel arrangement’. These are business models which strongly compete with ‘packages’, but deviate from the definition.

Like a package, a linked travel arrangement requires at least two different types of travel service purchased for the purpose of the same trip or holiday. In case of a linked travel arrangement, they will result in at least two separate contracts with different travel service providers .

There are two types of linked travel arrangement:

• during a single visit or contact with their point of sale, a trader facilitates the separate selection and separate payment of each travel service. Example: an airline sells a flight ticket. After the conclusion of this contract, the website of the airline presents an option to select a hotel, noting that the traveller will have a contract for this service directly with that travel service provider. The traveller then concludes the contract on the website of the airline.

The difference between this type of linked travel arrangement and a ‘Type 2 – package’ is that the additional travel service is chosen after the booking of the first travel service (which essentially requires booking multiple times), whereas with a Type 2 – package the travel services are first chosen and then booked (which requires booking only one time).

  2. a trader facilitates (in a targeted manner) the booking of at least one additional travel service from a second trader, where the second contract is concluded within 24 hours after the confirmation of the first. Example: an airline sells a flight ticket. After the booking is made, the airline links the traveller (without transmitting their name, e-mail and payment details) to a hotel booking website where the traveller makes this second booking within 24 hours. 

Organisers and retailers

Another key change, especially in the Netherlands, is the shifted focus from travel agents and tour operators to ‘organisers’ and ‘retailers’. Organisers are responsible (and in case of malperformance, liable) for the packages they combine, regardless of their official business model. Retailers are traders that sell the package of the organiser, without combining it with other travel services.

Whether you are acting as an organiser for a given package depends on your involvement in the creation of the package, and not on how you describe your business. When in doubt, the legitimate expectation of the traveller might be of influence: who do they think they are concluding their package travel agreement with? This doubt should be avoided by clearly indicating who the organiser is, before concluding the agreement.

• Study the Package Travel Directive and its new rules and definitions. The practical guide to package travel and linked travel arrangements and summary of the Package Travel Directive provide an overview.
• For more information, the European Union’s factsheet on stronger protection for package holidays explains how the Directive works in practice. It also illustrates the differences between the old and new version.
• See the national transposition measures for an indication of the legislation per European source country.
• Keep track of developments, as the outcomes of legal challenges may provide more clarity on the exact effects of the new Directive.
• Traders often have multiple types of offers. Some offers might be a package and other offers might not. Assess per type of offer whether there is a package and inform the traveller correspondingly.

3. Who does the Package Travel Directive affect and why is it important?

Who does it apply to.

The scope of the Package Travel Directive is not limited to European organisers or travellers residing within Europe. It also applies to you if you directly sell to European travellers.

The Directive handles specific definitions for the parties involved in tourism:

• ‘traders’ are persons acting in relation to packages and linked travel arrangements for commercial purposes (and other purposes relating to their trade)
• ‘organisers’ are traders who combine and sell/offer packages directly or through another trader
• ‘retailers’ are traders other than organisers, who sell/offer packages combined by an organiser
• ‘travellers’ are persons seeking to conclude a contract or entitled to travel on the basis of a contract concluded (including business travellers, unless they are acting on the basis of a general agreement)

The effects of these new definitions on Destination Management Companies (DMCs) and local suppliers are not yet known. A lot more travel arrangements are included in the new definition of packages.

What does it affect?

Some of the most important issues affected by the new Package Travel Directive are:

To protect European travellers, organisers are responsible for the travel packages they sell. This means they are (financially) liable in case of malperformance and need to be insured. With the extended definition of package travel, organisers have become responsible for more types of travel arrangements than before. This affects you both in the role of organiser and of supplier, as European partners you supply to may require you to have liability insurance in place to protect their interests.

Similarly, European travellers must also be protected against insolvency. This means that travellers must be refunded in case of bankruptcy. To ensure this, organisers may have to insure for insolvency protection. Again, this also affects you in the role of supplier, as European partners you supply to may require you to have liability insurance in place to protect their interests.

This study further explores your options to comply with these requirements in the coming sections.

When does it apply?

Sales through a european organiser or retailer.

The Package Travel Directive creates different dynamics, depending on the size and power of the European organiser and of the local DMC or supplier. If both the organiser and the supplier are strong players, they are likely to make clear arrangements to divide the risks and capitalise the risk division. In an unequal partnership, the risks tend to be forced onto the weaker party. If both parties are relatively small-scale businesses, they usually don’t make extensive contractual arrangements.

Figure 1: The effect of size and power of organisers and suppliers

Source: Kompas Juristen

European retailers of packages combined by non-European organisers must have insolvency protection, unless they can provide evidence that the organiser has sufficient protection. European countries may also require retailers to contract insolvency protection.

Retailers of non-European organisers are also responsible for the proper performance of the package and are liable in case of malperformance, unless they can prove the organiser complies with those obligations. How this proof is to be given is unclear, but it could include a statement from the non-European organiser. Retailers might still be liable if they are operating in a country where national law makes both organisers and retailers responsible. How retailers will manage these risks is unclear.

• Make sure to have clear arrangements in place and be aware of the contents of these agreements. What are you liable for?
• It will be an advantage for European retailers to sell your packages if you provide a statement that you are responsible for the performance of the package and that you comply with all local conditions, regulations and legislation.
• It will be an advantage for European retailers to sell your packages if you offer sufficient insurance for insolvency to the traveller.

Direct online sales on the European market

The Directive also applies to direct online sales on the European outbound tourism market. In these cases, you (as the organiser) are responsible for the package.

In-destination sales through representatives of European organisers

Another option is to sell a secondary tourism product on location, on the recommendation of a local representative of the European organiser (such as a tour guide). If this representative merely mediates between the traveller and a local supplier, the organiser will not become party to the contract, nor will this travel service become part of the travel package. The organiser will generally not be liable for faults of the local supplier.

However, if the representative doesn’t (make it clear they) merely act as a mediator, then it is likely the organiser is responsible for the actions of the local supplier. This isn’t specifically related to the Package Travel Directive, but due to general contract law rules on responsibility for subcontractors. There might be exceptions depending on the applicable law.

Choice of law

In a Package Travel Contract, a clause could determine the choice of law to govern the contract. There generally is free choice of law, meaning you could potentially choose to comply with your national legislation rather than the Package Travel Directive.

However although there is no legal precedent as of yet (October 2018), provisions from the Directive might constitute so-called ‘overriding mandatory rules’ due to their imperative nature. This means that if your activity is directed to a European country, the obligations stemming from the Directive most likely apply even if you have chosen your national law to govern the contract.

If you, as a non-European organiser, sell packages (or linked travel arrangements) in Europe, the provision in the Directive to provide insolvency protection for travellers certainly applies. Regardless of the choice of law.

According to public law, if you direct activities to Europe you must provide insolvency protection. European countries can require organisers to provide travellers with a certificate documenting a direct entitlement against the provider of the insolvency protection. For example Germany requires this type of certification. In addition, European countries may also require retailers to contract insolvency protection.

• If you are making an effort to attract European customers, you can expect that you are directing your activities to Europe. See the summary of this European court judgment for more detailed criteria.

What are the rights and obligations regarding package travel agreements?

There are many obligations for you and rights for the traveller when you are offering a package. These include information requirements, the use of a standard information form , contractual rights of the traveller, responsibility for performance and protection when you go bankrupt.

• For more information, watch the UK European Consumer Centre’s video on travellers’ rights .

Responsibility for performance and liability

As an organiser, you are responsible for the performance of your package. If the package is not performed as contracted, you must remedy this unless that is impossible or brings disproportionate costs.

In case of malperformance, you are (financially) liable. To protect your business, you may need to contract liability insurance. Similarly, if you are a supplier to a European organiser, this European partner may require you to have liability insurance in place so they can forward potential claims to you.

Insolvency protection

If you sell (or offer for sale) packages or linked travel arrangements in Europe, you must provide insolvency protection. This should contain the refund of all payments made by travellers insofar as the travel services are not performed due to your insolvency.

If the transport of passengers is included in the package, the protection should also provide for the travellers' repatriation. Continuation of the package may be offered. European countries can require you to provide travellers with a certificate, documenting a direct entitlement against the provider of the insolvency protection. For example Germany requires this type of certification.

There are various types of insolvency protection. Some of the options are a travel guarantee fund, a bank guarantee, insurance, a trust, an escrow construction or combinations of these measures. These service providers often require you to have an establishment in a European country.

New initiatives are being developed that may offer you alternative options to obtain insolvency protection. For example, Dutch commercial firm STO Garant now offers a guarantee without the requirement of a European establishment, provided either the trader or the traveller is based in the Netherlands. This type of arrangement could also be made available in other countries in the future.

• If the package does not include transport, you can also fulfil the obligation to provide travellers protection against your insolvency by letting them pay after the performance of the package. Of course this poses a risk, which you have to weigh against the advantage.

4. What are the rights and obligations regarding a linked travel arrangement?

When a combination constitutes a linked travel arrangement, you have to provide insolvency protection for the payment you receive. However, you are not responsible for the whole package and the rights and obligations for a package travel agreement do not apply.

You must inform travellers via a standard information form ( Annex II ) that the combination constitutes a linked travel arrangement and that they do not have the same rights as under a package travel agreement. If you fail to do so, the Directive prescribes that most rights will apply. This means you are not only obligated to provide insolvency protection for payments received, but are also responsible for the proper performance of all travel services and liable for malperformance.

5. What options do you have as a travel organiser that sells directly on the European market?

According to CBI, tourism SMEs  (small and medium-sized enterprises) in developing countries are doing more and more direct business on the European market, up to 60%. If you decide to trade directly with European travellers, you are responsible for the package travel products you sell them. So what options are there for direct trade within the new Directive?

Liability and insolvency insurance within your own country

Although in many developing countries the appropriate insurance isn’t available, some companies do offer you coverage. Local insurance companies often use an international name, but that doesn’t mean they provide the same standard of services as the international company. Obtaining this type of insurance could be sufficient to comply with European requirements, but how much the insurance really covers in practice may be unclear.

• Determine whether you can obtain insurance from a company within your country.
• Contact your national travel association (and become a member if you aren’t yet) and ask what options they know of and/or would recommend.

Liability insurance in another country

If liability insurance isn’t available within your country, you may be able to contract insurance abroad. Insurance companies from for example Hong Kong, China or Australia often accept clients from other countries as well. Again, whether these policies cover what you need is uncertain, but they do allow you to meet the European requirements.

• If you can’t contract the appropriate insurance within your country, study your options with foreign insurance companies. For example via the Insurance Council of Australia .
• In this case too, contact your national travel association for advice and/or recommendations.

Establishing a European entity

For some suppliers from developing countries, it can be a good option to establish a European entity. This is a division of your company based in a European country. Through your European entity, you can arrange corporate liability/insolvency insurance in Europe. It may also allow you to benefit from other facilities in the European country in question, such as a national travel guarantee fund (like the Dutch SGR or Danish Rejsegarantifonden ) or trade association (like the British ABTA or German DRV ).

This is a good option, but doesn’t work for everyone. Establishing a European entity involves considerable costs, which shouldn’t outweigh your potential gains. In addition, you need a European representative on your team who is based in the European country and speaks the local language. Otherwise, this strategy isn’t particularly feasible for you.

• If you have a suitable representative on your team or in your network, study the options for establishing a European entity in their country. In some countries, membership of the national travel guarantee fund may be mandatory.
• For more information on European travel guarantee funds, see the ECTAA-presentation A Travel Guarantee Fund: how does it work? using the Belgian GFG as an example.

Additional measures

Regardless of how you have arranged your liability and insolvency insurance, you should require your travellers to have travel insurance in place. Although you continue to be liable for malperformance, you can avoid some claims because travellers generally turn to their travel insurance first.

In addition, you shouldn’t include flights from and to traveller’s home country in your package offer. If you do, you are responsible for various issues such as repatriation and accommodation in case of disruptions under the Package Travel Directive. By excluding these products you avoid these responsibilities, which in practise pose a high risk for organisers.

• Require your travellers to have travel insurance. For example by making them tick a box confirming they have travel insurance or enter their policy number in the booking process.
• Don’t offer flights from and to traveller’s home country.

6. What options do you have as a travel supplier to European organisers?

As European travellers become increasingly aware of the risk of disruptions, the new Directive may drive them towards professional travel agents and tour operators. This emphasises the importance of partnering with European players.

Although the Package Travel Directive makes European organisers responsible for the products they sell in a package, this won’t make them stop working with developing country suppliers. It does mean they have to make better agreements with their partners, and protect themselves in terms of conditions of purchase and insurance requirements.

• You are not obliged to accept the demands of the European organiser or retailer. Big companies tend to impose unfavourable purchase conditions upon you. Your negotiating position depends on what their alternatives are.

Liability and insolvency insurance

The new Directive makes it increasingly common for European organisers to demand that their suppliers have liability and insolvency insurance. For example, TUI already requires potential new suppliers to indicate the extent of their coverage. Some organisers take care of the liability and/or insolvency insurance of their developing country suppliers if this is unavailable their home market. For a (potentially considerable) fee, they can expand the coverage of their own insurance policy.

• If the required insurance isn’t available in your country, inquire with your (potential) European partners whether they can arrange this for you.

Flexibility

European organisers need their local suppliers to be more flexible under the new rules. Now that travellers have the right to demand a solution or be reimbursed if there are changes to their package, you must have the flexibility to provide solutions. European organisers favour those suppliers that are best able to adapt to unexpected changes. This creates a need for stricter protocols, clear communication and good solid agreements with your European organiser(s) and your suppliers.

• Create flexibility by negotiating favourable cancellation conditions in purchase contracts with your service providers, including a cancellation possibility in case of force majeure.

Online travel platforms

Travel platforms like Evaneos or kimkim might become an interesting option if you aren’t able to ensure compliance yourself. That is, if these platforms decide to monetise on this business opportunity and are successful in finding ways to tackle compliance issues. Suppliers from around the world can offer packages on these platforms, but until now they often work with only 1 local DMC per destination.

So far travel platforms try to deflect any legal responsibility, but with the introduction of the concept of ‘organisers’ they may need to step up. How exactly they will develop in terms of liability arrangements and the number of partners per destination is currently unclear.

7. What should you do in response to the Package Travel Directive?

To summarise, for now the most important tips are:

• Study the Package Travel Directive and stay up to date on new developments. Useful sources of information can be the official Package Travel Directive documentation , national and international travel trade associations, and travel trade platforms such as Skift , the International Forum of Travel and Tourism Advocates . You can also keep up with new updates of this study by subscribing to our CBI newsletter .
• Research your own business model to determine whether you are considered an organiser, retailer or supplier. This may vary per offer.
• Assess per type of offer if it constitutes a package, to determine if the Directive applies.
• Study what rights travellers have in the Package Travel Directive and the European Consumer Centre’s video on travellers’ rights .
• Protect yourself and your travellers by studying your options to contract liability and insolvency insurance and making the necessary arrangements. Inquire with, for example, your national travel association, your (potential) European buyers and with national and/or foreign insurance companies. You can also ask your fellow (local) travel suppliers what their arrangements are.
• Be flexible to appeal to European buyers, for example by negotiating favourable cancellation conditions in purchase contracts with your service providers.

Please review our market information disclaimer .

Enter search terms to find market research

Do you have questions about this research?

Ask your question

Related research

• What is the demand for outbound tourism on the European market?
• What trends offer opportunities or pose threats on the European outbound tourism market?
• What are the requirements for tourism services in the European market?
• (opens in a new tab) Twitter
• (opens in a new tab) Facebook
• (opens in a new tab) LinkedIn

• Skip to main content
• Skip to navigation

legislation.gov.uk

• Browse Legislation
• New Legislation
• Coronavirus Legislation
• Changes To Legislation

Search Legislation

Directive (eu) 2015/2302 of the european parliament and of the council show full title.

Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC

You are here:

• Directives originating from the EU
• 2015 No. 2302
• Table of contents
• Table of Contents

Print Options

What version.

• Latest available (Revised)
• Original (As adopted by EU)

Opening Options

• Open whole Directive
• Open Directive without Annexes
• Open Annexes only

More Resources

• EU Official Journal Version

This is a Directive originating from the EU

This is a legislation item that originated from the eu.

After exit day there will be three versions of this legislation to consult for different purposes. The legislation.gov.uk version is the version that applies in the UK. The EU Version currently on EUR-lex is the version that currently applies in the EU i.e you may need this if you operate a business in the EU.

The web archive version is the official version of this legislation item as it stood on exit day before being published to legislation.gov.uk and any subsequent UK changes and effects applied. The web archive also captured associated case law and other language formats from EUR-Lex.

EU Directives are being published on this site to aid cross referencing from UK legislation. After IP completion day (31 December 2020 11pm) no further amendments will be applied to this version.

Introductory Text

CHAPTER I SUBJECT MATTER, SCOPE, DEFINITIONS AND LEVEL OF HARMONISATION

Article 1. Subject matter

Article 2. Scope

Article 3. Definitions

Article 4. Level of harmonisation

CHAPTER II INFORMATION OBLIGATIONS AND CONTENT OF THE PACKAGE TRAVEL CONTRACT

Article 5. Pre-contractual information

Article 6. Binding character of pre-contractual information and conclusion of the package travel contract

Article 7. Content of the package travel contract and documents to be supplied before the start of the package

Article 8. Burden of proof

CHAPTER III CHANGES TO THE PACKAGE TRAVEL CONTRACT BEFORE THE START OF THE PACKAGE

Article 9. Transfer of the package travel contract to another traveller

Article 10. Alteration of the price

Article 11. Alteration of other package travel contract terms

Article 12. Termination of the package travel contract and the right of withdrawal before the start of the package

CHAPTER IV PERFORMANCE OF THE PACKAGE

Article 13. Responsibility for the performance of the package

Article 14. Price reduction and compensation for damages

Article 15. Possibility to contact the organiser via the retailer

Article 16. Obligation to provide assistance

CHAPTER V INSOLVENCY PROTECTION

Article 17. Effectiveness and scope of insolvency protection

Article 18. Mutual recognition of insolvency protection and administrative cooperation

CHAPTER VI LINKED TRAVEL ARRANGEMENTS

Article 19. Insolvency protection and information requirements for linked travel arrangements

CHAPTER VII GENERAL PROVISIONS

Article 20. Specific obligations of the retailer where the organiser is established outside the European Economic Area

Article 21. Liability for booking errors

Article 22. Right of redress

Article 23. Imperative nature of the Directive

Article 24. Enforcement

Article 25. Penalties

Article 26. Reporting by the Commission and review

Article 27. Amendment of Regulation (EC) No 2006/2004 and Directive 2011/83/EU

CHAPTER VIII FINAL PROVISIONS

Article 28. Transposition

Article 29. Repeal

Article 30. Entry into force

Article 31. Addressees

Part A Standard information form for package travel contracts where the use of hyperlinks is possible

Part B Standard information form for package travel contracts in situations other than those covered by Part A

Part C Standard information form where the organiser transmits data to another trader in accordance with point (b)(v) of point 2 of Article 3

Part A Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (a) of point 5 of Article 3 is a carrier selling a return ticket

Part B Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (a) of point 5 of Article 3 is a trader other than a carrier selling a return ticket

Part C Standard information form in the case of linked travel arrangements within the meaning of point (a) of point 5 of Article 3 where the contracts are concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller

Part D Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (b) of point 5 of Article 3 is a carrier selling a return ticket

Part E Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (b) of point 5 of Article 3 is a trader other than a carrier selling a return ticket

Back to top

Options/Help

Print table of contents.

• PDF table of contents
• Web page table of contents

Print The Whole Directive

• PDF The Whole Directive
• Web page The Whole Directive

Legislation is available in different versions:

Latest Available (revised): The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.

Different options to open legislation in order to view more content on screen at once

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

• the original print PDF of the as adopted version that was used for the EU Official Journal
• lists of changes made by and/or affecting this legislation item
• all formats of all associated documents
• correction slips
• links to related legislation and further information resources

Timeline of Changes

This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.

The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.

For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

• the original print PDF of the as adopted version that was used for the print copy

Click 'View More' or select 'More Resources' tab for additional information including:

• confers power and blanket amendment details
• New site design
• Accessibility
• Privacy Notice

Package travel regulation

Etoa, package travel regulation and related protection frameworks.

Latest update(s):

• 30 November | On 29th November the European Commission approved proposals for reform of the Package Travel Directive. These include a proposal to limit prepayment at time of booking to 25% of the package price, unless providers face costs which justify an additional amount (e.g. obligation to pay for flights in full). The reform process now moves on to the co-legislators, Parliament and Council.
• 26 November 2023 | The UK government is reported by Travel Weekly to be considering all options, including a complete redraft, of its Package Travel Regulations. Members are encouraged to participate in the current consultation which is open until end of 13th December and available here .

Package Travel Directive (PTD): Background

ETOA is not a consumer-facing association, and we are not involved in bonding or other assurance mechanisms. Our main interests on this topic are industry’s insurance and compliance requirements, and the impact of prevailing or proposed regulation on value-adding within the tourism ecosystem and consumer choice.

European package travel regulation was introduced in the 1990 Package Travel Directive (PTD), primarily to protect consumers from tour operators (and/or airlines) going bust and leaving tourists stranded far from home, and to safeguard their advance payments. Its success in protecting the travelling public is questionable. Much of the growth in retail travel took place outside the scope of the PTD.

Its successor, PTD2 , was published in 2015 and came into force in July 2018 by domestic implementation by the EU28 (prior to the UK’s withdrawal from the EU). This reduced national variation, and included welcome modernisation: no more should brochures be reprinted if prices change, electronic updates will suffice; compliance in one EU state is sufficient to sell to consumers in another; the addition of an ancillary service may not necessarily constitute a package. In practice, it also suppresses innovation and causes market confusion. It introduced the concept of a ‘linked travel arrangement’ that can give rise to liability for any entity involved, and may therefore deter collaboration within the supply chain.

During the COVID-19 pandemic, the limitation of PTD2 became more apparent. Agent and operator liability to refund consumers became hard to manage due to near total loss of cash flow, and the agents and operators themselves were often unable to recover pre-payments made to airlines and other suppliers. A fragmented approach was adopted across Europe: some countries permitted vouchers in lieu of cash refunds. The financial safety nets proved inadequate; consumer confidence was damaged. Once business resumed, managing operator liability for proper performance when the business environment and border arrangements remained so uncertain was hard.

Since the pandemic, there has been further review of PTD2 following a Commission report on its implementation . A legislative proposal was expected late 2022 but is now expected late 2023. For update on schedule, click here . The most concerning proposal is to limit the pre-payment agents and operators selling packages can collect from consumers to 20% at booking, with the balance due no earlier than 28 days prior to departure. This would create a near unmanageable cashflow problem for most intermediaries, and is not necessary to secure client funds in the event of insolvency.

What you need to know

• PTD2 enables more cross-border selling (see note on ‘non-EU business’ below)
• ‘Linked Travel Arrangements’ create liability for third-party performance
• Not all travel service combinations give rise to a package

ETOA’s policy objectives

• Appropriate and fair allocation of risk within the distribution chain
• Increased business awareness of opportunity and risk under PTD2
• More value-adding with increased consumer choice across borders

What we are doing

• Participation in European Commission’s expert stakeholder group on package travel
• Consultation and expert webinars in collaboration with partners

Scope for further reform

Current status.

In November 2023, the European Commission approved proposals for reform. The process will now move on to the Parliament and Council for examination and debate. Given elections mid 2024, it is likely that a future Parliament will need to approve.

The new proposals are the result of a policy development since the Commission published a report on the application of the Package Travel Directive on 1 March 2021, which addressed PTD’s effectiveness following the collapse of Thomas Cook, and some of the problems caused by the COVID-19 pandemic. This report was a necessary first step prior to any changes to existing arrangements. The passenger rights directive also affects consumer rights. As for PTD, its application during the pandemic proved highly problematic for intermediaries who had made pre-payments for flights which they could not easily recover from airlines, and yet they were still obliged to refund consumers in full unless other arrangements were sanctioned by national governments.

Following the pandemic, there was strong consumer interest in packaged product and buying from agents, partly due to the desirability of support should circumstances change in destination, such as public-health related travel restrictions. Given the inadequacy of financial protection mechanisms, especially during 2020, and the uncertainty related to cancellation rights, industry continues to push for short-term direction from the EC to help restore both business and consumer confidence. Medium-long term, the framework needs further reform which address both business and consumer needs, and makes an appropriate allocation of risk between public and private sectors.

To succeed, European tourism needs a regulatory framework that encourages innovation and value-adding. As for tax, the higher the compliance load, the more the value-adding will happen elsewhere. While insolvency protection is desirable, what sector-specific arrangements are necessary given the availability of credit card payment protection and insurance products tailored to suit consumer’s risk appetite?  There has been extensive development of general consumer protection since PTD was first introduced. The case for special protection for packages that do not include a significant travel component is weak. ETOA, with its partners, will continue to recommend further reform.

Non-EU business

B2C sales of packaged product cross-border are thought to be minimal: Europeans are conditioned to look for accreditation and proof of compliance from brands they recognise. But sophisticated consumers may be prepared to buy if they find the reassurance they seek.

The  withdrawal agreement  between the EU and the UK does not mention tourism (other than Art.11 which covers areas of north-south collaboration on the island of Ireland). The UK is free to amend its package travel arrangements: one suggestion is that the definition of package should change such that a significant travel component is required.

The  UK’s package travel regulations are still aligned with the EU’s directive (they implemented the 2015 directive, agreed when the UK was still a member of the EU). What changed is that, within the EU, a UK operator compliant with UK administered financial protection schemes etc. would be able to sell to any EU consumer with confidence: compliance in the UK meant compliance within the EU. Now, while they may still make cross-border sales to EU consumers and package EU product, they will be exposed to the consumer protection prevailing in EU consumer’s home country. To check national implementations of the Package Travel Directive within the EU, click here . Operators will also need to check with their insurers that they are appropriately covered.

ETOA Webinars

Risky business – collective redress in the tourism industry.

23 March 2022

Tourism’s Recovery - A Risky Business

15 July 2020

• PUBLICATIONS
• GRAPHICS WAREHOUSE
• SCRUTINY TOOLBOX

Package travel and linked travel arrangements: Improving protection for travellers [EU Legislation in Progress]

The outbreak of COVID-19 pandemic put pressure on tourism and highlighted limitations of Directive (EU) 2015/2302 on package travel and linked travel arrangements (the ‘Package Travel Directive’).

Written by Clément Evroux (1st edition).

On 29 November 2023, the European Commission adopted a proposal for a directive amending Directive (EU) 2015/2302 on package travel and linked travel arrangements, to improve protection for travellers and simplify and clarify certain aspects of the current directive. The Commission announced in a 2020 communication on a new consumer agenda that it would look into revising the directive following the turmoil caused by the mass cancellations during the COVID-19 pandemic.

The proposal is the result of two years of stakeholder consultations and a reassessment of the current rules. The main changes focus on securing travellers’ rights and improving insolvency protection. Other key changes include extending the directive’s scope to lay down rules on contracts between package organisers and service providers.

In the European Parliament, the file has been referred to the Committee on the Internal Market and Consumer Protection (IMCO). A rapporteur was appointed on 8 January 2024.

Complete version

• February 2024: ‘ Package travel and linked travel arrangements: Improving protection for travellers ‘ (1st edition)

Members' Research Service

Ai investment: eu and global indicators, medical devices and in vitro medical devices regulations: transitional provisions [eu legislation in progress], outcome of the meetings of eu leaders, 21-22 march 2024, artificial intelligence [what think tanks are thinking], preventing and countering the facilitation of unauthorised entry, transit and stay in the eu [eu legislation in progress], haiti in a spiral of violence, revision of the european works councils directive: stronger social dialogue in a multinational context [eu legislation in progress], outlook for the meetings of eu leaders, 21-22 march 2024, children’s participation in the democratic life of the eu, president biden’s 2024 state of the union address, expansion of brics: a quest for greater global influence, ‘this is europe’ debate in the european parliament: speech by petteri orpo, prime minister of finland, 13 march 2024.

Be the first to write a comment.

Leave a Reply Cancel reply

• What Europe does for me

EU legislation in progress

Download the EPRS App

• EP Plenary Sessions
• Cost of Non-Europe reports
• Latest Media
• Climate Change
• Russia's war on Ukraine

We write about

• Replies to campaigns from citizens
• What Europe does for you
• Economic and Social Policies
• EU Financing / Budgetary Affairs
• Institutional and Legal Affairs
• International Relations
• Policy Cycle
• Structural and Cohesion Policies

RSS Link to Members’ Research Service

Social media.

• EP Think Tank
• Write to the European Parliament
• EP Library catalogue

Disclaimer and Copyright statement

The content of all documents (and articles) contained in this blog is the sole responsibility of the author and any opinions expressed therein do not necessarily represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. For a comprehensive description of our cookie and data protection policies, please visit Terms and Conditions page. Copyright © European Union, 2014-2024. All rights reserved.

Discover more from Epthinktank

Subscribe now to keep reading and get access to the full archive.

Type your email…

Continue reading

• Privacy Overview
• Strictly Necessary Cookies
• Cookie Policy

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.

More information about our Cookie Policy .

The present website is hosted by WordPress.com, a service by Automattic. Automattic is a global company with thousands of servers located in several separate data centres around the world. While Automattic takes care of the security of the platform , we, the European Parliamentary Research Service, own the content of the blog. For more detailed information about the compliance of Automattic products and services with the EU General Data Protection Regulation (GDPR), please see their dedicated page .

Data collected

We do not collect any personal data that could identify an individual user. The users that are registered in WordPress.com should consult wordpress.com terms of service . We do collect anonymised aggregate data for statistical purposes. The data collected for this purposes include: number of visits/visitors per page, the country of the user, and aggregate numbers of incoming and outgoing clicks.

We determine unique page counts by using a “hashed” version of the visitor’s IP address. The visitor’s full IP address is deleted from our logs after a little over a month. That timeframe is how long the data is needed in order to allow us to calculate your stats on a monthly basis and no longer.

We collect your email address only if you proactively requested to be notified about the updates on the blog. You can always contact us to remove your email address from our records or unsubscribe from the notification service.

We can also see your name and email address if you made a comment to one of our posts. We do not make the email address visible on the comment. Nevertheless, on request, we can delete your comments.

We collect cookies only to facilitate your browsing experience, such as enabling you to share our posts via social media or comment on the post. The majority of cookies will be used only if you are a registered WordPress.com user. In this case, you are bound to WordPress.com terms of service .

Some pages embed content from third parties. In this case, you will need to actively consent to their terms in order to see the content.

We do not collect cookies to show advertisement nor resell any information collected with cookies to third parties. Read more about the wordpress.com cookie policy and the way to control cookies on their dedicated page .

Revision of the package travel Directive - Adaptation to COVID-19 context

In “A New Push for European Democracy”

Legislative

2023/0435(COD)

CWP indicative date:

Updated indicative date:

Rapporteur(s)

Alex AGIUS SALIBA

Rapporteur(s) - Associated Committee(s)

Jan-Christoph OETJEN

On 29 November 2023, the Commission adopted a proposal for a directive amending Directive (EU) 2015/2302 to make the protection of travelers more effective and to simplify and clarify certain aspects of the Directive.

The proposal has been prepared taking into account the evaluation of the current Directive, published in 2021. It he evaluation concluded that the Directive still has EU added value. This evaluation had concluded that, while the Directive objectives are in line with the expected needs of travelers and package travel organisers/retailers, developments in the relevant markets, such as digitalisation, or the shortcomings faced by consumer during the COVID-19 pandemic, would call for an update of the provisions.

Several interactions were held with stakeholders between 2021 and 2023 have substantiated further those claims.

Based on Article 114 of the Treaty on the functioning of the European Union (approximation of laws), the overarching goal of the proposal is to strengthen the level of consumer protection,  including in the event of a major crisis, while improving the functioning of the internal market in the package travel sector.

Article 1 on the subject matter and Article 2 on the scope of the Directive are amended to allow for the extension of the rules included in the Directive also to certain aspects of the contracts between organisers of packages and service providers.

Article 3 on the definitions is amended to simplify the respective notions of a package travel and of a linked travel arrangement. The definition of a package travel under Article 3(2) would now always ensure that the purchase of at least two services from separate traders would qualify as a package when such a purchase is done through linked online bookings processes where the relevant personal data of the travellers would be transmitted from the first trader to the subsequent(s). The new definition of a linked travel arrangement under Article 3(5) is  narrowed. It would correspond to a combination of different types of travel services, not qualifying as a package, whenever following the payment of a first travel service, following the invitation of the trader, the consumer would buy an additional type of travel services from another traders at the latest 24 hours following the confirmation of the booking of the first contract.

Another set of amendments improve the information to be provided to the travellers from before the conclusion of any contract until following its conclusion, especially in the case of changes or of a cancellation. With the introduction of a new Article 5a on payments, Member States would be obliged to ensure that the retailer should not require the payment of a down payment higher than 25% of the total price, except for packages booked less than 28 days before their start, or those packages defined at Article 3(2) point b) (iv). Article 5 on pre contractual amendment is also amended to include a reference to the new Article 5a, but also to reinforce consumer protection at Article 5(1) point (g).

Article 12 on the termination of the package travel contract and the right of withdrawal before the start of the package is amended. Article 12(2) extends the geographical outbreak of unavoidable and extraordinary circumstances also to the place of the traveller’s residence or departure, or to similar circumstances affecting the journey. Article 12(4) is also amended to specify that any termination fee should be also justifiable, and to provide that the refund or reimbursement to the traveller in 14 days would also apply to those who do not specifically ask for such a refund or reimbursement. A new Article 12a on vouchers is introduced. It would apply to the events mentioned at Article 10 on alteration of the price, Article 11 on alteration of other package travel contract terms, and Article 12 on termination before the start of the package. Travellers could be given in writing the choice to accept a voucher, corresponding to at least the amount of the refund right. Travellers would lose their right to a refund during the validity period of the voucher only if they would accept explicitly and in writing to accept such voucher instead of a refund. The voucher would have a validity of 12 months from the moment when it would be accepted explicitly by the traveller.

 Article 17 on the effectiveness and scope of insolvency protection is amended at Article 17(1) to include also the refunds and vouchers to which the travellers have been entitled before the insolvency of the organiser. Also, the organisers not established in a Member States should be obliged to provide the security mentioned at Article 17 in accordance with the law of that Member States. Article 17(2) is amended to specify that this security should be sufficient to cover all the costs associated to the refunds, repatriations and vouchers at all time. Article 17(3) is amended to provide for Member States to supervise the insolvency protection arrangements of organisers. Any co-financing by Member States of such arrangements should be possible only in exceptional and justified circumstances, pursuant with the Union State aid provisions. Article 19 on insolvency protection and information requirements for linked travel arrangements is amended in accordance with the new scope provided for at Article 3(5), and to ensure its alignment with the amended Article 17. 

Article 22 on the right of redress and refund rights of organisers is amended to include a new Article 22(2) which would create an obligation to a service provider that would not provide a service part of the package to refund the organiser with the payment received, within seven days.

The file  has been referred to the Committee on internal market and consumer protection (IMCO), Alex Agius Saliba (S&D, Malta) has been appointed rapporteur.

In the Council, the file is examined in the working party on consumer protection.

References:

• EP Legislative Observatory , Package travel and linked travel arrangements: make the protection of travellers more effective and simplify and clarify certain aspects , 2023/0435(COD)    
• European Commission, proposal for a directive amending Directive (EU) 2015/2302 to make the protection of travelers more effective and to simplify and clarify certain aspects of the Directive , 2023
• European Commission work programme 2022 , annexes
• European Commission, Have you say - package travel, review of EU rules , 2023
• Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC
• European Commission, Report from the Commission on the application of Directive (EU) 2015/2302 on package travel and linked travel arrangements , COM/2021/90
• European Commission, New consumer agenda 2020
• European Commission, Sustainable and smart mobility strategy , 8 December 2020, action plan

Author: Clément Evroux, Members' Research Service,  [email protected]

Get in touch

Stay informed of the latest updates on this Carriage

We have sent you an email containing a link that will allow you to validate the subscription.

If you have not received that email, make sure to check your spam folder.

Otherwise, please contact [email protected]

Latest changes

Committee referral announced in Parliament, 1st reading

• Terminology

Status type:

Legislative initiatives - by the European Parliament

Description:

Files with 'Legislative initiative' status represent explicit demands to the European Commission for a proposal for new EU legislation expressed by the European Parliament in plenary following a legislative-initiative report (INL). Only INL procedures based on Article 225 of the Treaty on the Functioning of the European Union can have this status.

Announced - forthcoming initiatives

Files with 'Announced' status are initiatives expected from the European Commission – in particular legislative proposals – which will contribute to the implementation of the Commission’s priorities.

Most such files are announced in the Political Guidelines (of the incoming Commission at the start of the mandate), in the Commission President's yearly State of the Union speech and accompanying letter of intent, or in the annual Commission work programme. Planned legislative proposals may also be announced in a strategy, communication or action plan adopted by the Commission, sometimes with an anticipated date of publication.

A few non-legislative files (communications from the European Commission) can also be found with this status. These either announce future legislative activity or are of major political importance.

Tabled - proposals submitted to Parliament by the Commission

Once Parliament has received a legislative proposal – or significant non-legislative initiative – and is able to start its consideration, the file takes the status 'Tabled'. The move to this status from 'announced' represents a significant change, going from a planned initiative, entirely in the hands of the Commission, to a formal proposal dependent – for its amendment and adoption – on the legislator (in most cases, under the ordinary legislative procedure, the Parliament and Council jointly).

Close to adoption - legislative procedure nearly completed

The status 'Close to adoption' applies to files for which the legislative procedure will shortly be finalised. In the case of the ordinary legislative procedure, this means that the European Parliament and Council have concluded interinstitutional negotiations (trilogue) and reached a provisional agreement on the text. Such provisional agreements need still to be formally adopted by the two institutions.

Blocked - proposals proceeding slowly or stalled

Files take on the status 'Blocked' when there has been no progress over at least the previous nine months. In particular, when one or other co-legislator has not formally started work on a proposal more than nine months after it was tabled, or when no activity on the proposal has been recorded in either the Council or Parliament for at least nine months.

In addition, where the Commission has announced an initiative would be tabled on a certain date, but more than nine months after that date the initiative has not been tabled, the file moves to this status.

Adopted/Completed - legislation adopted or discussion ended

Once a legislative proposal is formally adopted, and has been signed by the presidents of the European Parliament and the Council (or just the latter if a special legislative procedure applies), the file moves to 'Adopted/Completed' status.

In the case of non-legislative initiatives from the Commission, this status applies once the debate is finished – for example, once Parliament has adopted a resolution on a Commission communication, or once the Commission has tabled all the legislative proposals announced in the communication concerned.

A Parliament legislative initiative takes this status once the Commission has responded formally.

Withdrawn - legislative proposal tabled but subsequently withdrawn

Files with 'Withdrawn' status are previously tabled proposals that have been officially withdrawn by the European Commission, namely once the withdrawal is published in the Official Journal.

Represents a main priority of the European Commission (i.e. one of the six priorities of the von der Leyen Commission (2019-2024), or ten priorities of the Juncker Commission (2014-2019)). A train is composed of a number of files – both legislative and non-legislative – each of which are also known as CARRIAGES. Separate trains cover all the files assigned to each parliamentary committee (please see EP Committees).

Equals a legislative or non-legislative file which forms part of a train. A carriage may cover more than one file in rare cases of technical adjustments or minor changes to existing files.

Represents a group of legislative and/or non-legislative files, based on the indications of the European Commission. A package may, for example, cover all files published under a strategy or an action plan. The grouping always reflects the way the Commission has organised it.

Indicates the level of advancement of legislative work on a file. There are seven statuses which a given file may take on during the time it goes through the legislative process.

EC PRIORITY

Politically defined priority set at the beginning of each European Commission mandate (i.e. the six priorities of the von der Leyen Commission, ten priorities of the Juncker Commission). Each priority is represented by a TRAIN composed of separate files known as CARRIAGES.

EP COMMITTEES

A list of legislative and non-legislative files assigned to a parliamentary committee. In total, 19 standing committees are represented on this website.

IN THE SPOTLIGHT

Important files grouped under a separate heading indicating a European policy priority, a major current topic or any other theme that is key for European policy.

General table presenting TRAINS (within EC Priorities or EP Committees) in a summarised form with relevant statistical data by STATUS. Landing page of the website.

Indicates procedure number which helps to find files quickly (e.g. 2021/XXXX(COD), 2020/XXXX(CNS), 20219/XXXX(APP)...)

COMMISSION WORK PROGRAMME

Allows to choose all the files presented in the annual Commission work programme, for each year since 2019.

Commission rolls out plans for a European degree

Today we are one step closer to creating a European degree , a new type of voluntary joint programme between universities from different EU countries that will be recognised across the EU. This comes after the Commission presented a package to advance cross-border cooperation between higher education institutions.

A European degree will benefit students by boosting learning mobility and by making graduates more attractive for employers. At the same time, it will help to meet labour market demand, ultimately boosting Europe’s competitiveness.

The package is comprised of three initiatives that tackle the legal and administrative barriers to setting up competitive joint degree programmes at Bachelor, Master or Doctoral levels. Importantly, they do so while fully respecting universities’ autonomy and competence of EU countries and regional governments in the area of higher education.

The first of these initiatives is the blueprint for a European degree, which sets out a concrete cooperation path between EU countries and the higher education sector. Given the diversity of European higher education systems, this will follow a gradual approach with two possible entry points

• a preparatory European label : joint programmes which meet the proposed European criteria would be given a preparatory European label and students would receive a European degree label certificate together with their joint degree
• a European degree : a new type of qualification anchored in national legislation, awarded jointly by several universities or a common legal entity established by such universities, and automatically recognised

To support this and to support the higher education sector more generally, there are two other initiatives in the package. One looks at ways to improve quality assurance processes and automatic recognition of qualifications in higher education, and the other at how to make academic careers more attractive and sustainable.

Find more information

Dedicated website on the Higher Education Package

Factsheet on a European degree

Press release: Commission rolls out plans for a European degree

Share this page