EU Package Travel Directive 2015/2302: Your Holiday Rights

Directive (EU) 2015/2302 makes the organiser of a package holiday responsible for the performance of the travel services in the package, whoever provides them (Article 13(1)). If something goes wrong during the trip, the organiser must remedy it unless that is impossible or disproportionately costly (Article 13(3)), and the traveller is entitled to an appropriate price reduction and to appropriate compensation for damage (Article 14(1) and (2)), subject to the exceptions in Article 14(1) and (3). Before departure, the traveller can terminate without a termination fee in the cases in Articles 11(2) and 12(2), and payments are protected against the organiser’s insolvency (Article 17). The Directive is addressed to the Member States (Article 31), which apply it through national transposing measures (Article 28).

What kind of instrument this is. Member States had to adopt the transposing measures by 1 January 2018 and apply them from 1 July 2018 (Article 28), when Directive 90/314/EEC was repealed (Article 29). Two later directives amend it, with national measures applying from 2028 and 2029; the last section explains what changes.

Is your holiday a package under the Directive? (Articles 2 and 3)

It is a package if it combines at least two different types of travel services for the purpose of the same trip or holiday and they are linked in one of the ways listed in Article 3(2). The types are carriage of passengers; accommodation not intrinsically part of carriage of passengers and not for residential purposes; rental of cars, other motor vehicles or certain motorcycles; and any other tourist service not intrinsically part of one of those three (Article 3(1)).

The links that make a package. One trader combines the services, including at the traveller’s request or selection, before a single contract on all of them is concluded (Article 3(2)(a)). Even with separate contracts, the services also form a package if they are purchased from a single point of sale and selected before the traveller agrees to pay; offered, sold or charged at an inclusive or total price; advertised or sold as a ‘package’ or under a similar term; combined after a contract letting the traveller choose among a selection of different types of travel services; or purchased through linked online booking processes in which the traveller’s name, payment details and e-mail address are transmitted to another trader and that contract is concluded at the latest 24 hours after the confirmation of the booking of the first travel service (Article 3(2)(b)).

Limits. Not more than one type of travel service combined with tourist services is not a package if those tourist services do not account for a significant proportion of its value and are not advertised as, and do not otherwise represent, an essential feature of it, or are selected and purchased only after performance of a travel service under Article 3(1)(a), (b) or (c) has started (Article 3(2), second subparagraph). The Directive does not apply to packages covering less than 24 hours unless overnight accommodation is included, to those offered occasionally and on a not-for-profit basis only to a limited group of travellers, or to those purchased under a general agreement for the arrangement of business travel (Article 2(2)).

Package or linked travel arrangement: why the label matters (Articles 3(5) and 19)

A linked travel arrangement is two or more different types of travel services for the same trip or holiday, not constituting a package, bought under separate contracts with each provider, where a trader facilitates their separate selection and payment on a single visit or contact with its point of sale, or, in a targeted manner, the procurement of an additional service from another trader with that contract concluded at the latest 24 hours after the first booking is confirmed (Article 3(5)).

What the traveller gets. The facilitating trader must provide security for the refund of the payments it receives if a service is not performed as a consequence of its insolvency and, where it is responsible for the carriage of passengers, for repatriation (Article 19(1)), and must state beforehand that the package rights do not apply and that each service provider is solely responsible for the proper contractual performance of its service (Article 19(2)). If it fails to comply with those requirements, the rules on transfer (Article 9), termination (Article 12) and performance (Chapter IV) apply to the services in the arrangement (Article 19(3)). A declaration by an organiser or trader that it acts exclusively as an intermediary, or that a package is not a package, does not absolve it from its obligations (Article 23(1)).

What must the organiser tell you, and what becomes binding? (Articles 5 to 9)

Before the traveller is bound, the organiser and, where the package is sold through a retailer, also the retailer must provide the standard information form in Annex I and, where applicable, the information in Article 5(1)(a) to (h), clearly and prominently (Article 5(1) and (3)). The main characteristics of the travel services, the total price, the payment arrangements, the minimum number of participants and the termination-fee information form an integral part of the contract and are not altered unless the parties expressly agree otherwise (Article 6(1)).

Costs, proof and documents. Additional fees, charges or other costs not disclosed before the contract are not borne by the traveller (Article 6(2)), and the burden of proving compliance with the information requirements is on the trader (Article 8). The copy or confirmation of the contract, on a durable medium, must state that the organiser is responsible for the proper performance of all travel services and obliged to provide assistance if the traveller is in difficulty, name the entity in charge of insolvency protection, give the details of a local representative, contact point or other service for assistance and complaints, and say that the traveller must communicate any lack of conformity (Article 7(1) and (2)).

Transfer. After reasonable notice on a durable medium before the start (notice at the latest seven days before the start is in any event deemed reasonable), the traveller may transfer the contract to a person who satisfies all its conditions; both are jointly and severally liable for the balance and transfer costs, which may not be unreasonable or exceed the organiser’s actual cost (Article 9).

Can the organiser raise the price or change the trip after booking? (Articles 10 and 11)

Within the limits of Articles 10 and 11. A price increase is possible only if the contract expressly reserves it, states that the traveller is entitled to a price reduction under Article 10(4) and states how revisions are calculated, and only as a direct consequence of changes in the price of carriage of passengers resulting from the cost of fuel or other power sources, in taxes or fees imposed by third parties not directly involved in performing the package, or in the relevant exchange rates (Article 10(1)). Irrespective of its extent, it must be notified with a justification and a calculation on a durable medium at the latest 20 days before the start (Article 10(3)).

Above 8 %. If the increase exceeds 8 % of the total price, Article 11(2) to (5) applies (Article 10(2)). Where increases are allowed, the traveller also has a right to a reduction matching any decrease in those costs, minus actual administrative expenses the organiser must prove on request (Article 10(4) and (5)).

Other changes. Before the start, the organiser may not unilaterally change other terms unless it reserved that right, the change is insignificant and the traveller is informed on a durable medium (Article 11(1)). If it is constrained to alter significantly any of the main characteristics of the travel services or cannot fulfil accepted special requirements, the traveller may, within a reasonable period specified by the organiser, accept or terminate without paying a termination fee and, on termination, accept a substitute package where offered (Article 11(2)). A package of lower quality or cost gives a right to an appropriate price reduction (Article 11(4)); after termination without a substitute, all payments are refunded without undue delay and in any event not later than 14 days after termination (Article 11(5)).

Can you cancel before departure and get all your money back? (Article 12)

Yes, in the cases the Directive lists; otherwise you can still cancel, but a fee may be due. The traveller may terminate at any time before the start and may be required to pay an appropriate and justifiable termination fee (Article 12(1)). No fee is due in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination; the traveller is then entitled to a full refund of any payments made for the package, but not to additional compensation (Article 12(2)).

Unavoidable and extraordinary circumstances. This means a situation beyond the control of the party invoking it, the consequences of which could not have been avoided even if all reasonable measures had been taken (Article 3(12)). Recital 31 says it may cover, for example, warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed. Whether an event qualifies depends on the facts.

Fees and organiser cancellations. Without reasonable standardised fees in the contract, the fee is the price minus the cost savings and income from alternative deployment of the services (Article 12(1)). The organiser may cancel with a full refund and no additional compensation if the minimum number of participants is not reached and it gives notice within the contractual period, but not later than 20 days before the start for trips of more than six days, seven days for trips of two to six days, and 48 hours for trips of less than two days, or if unavoidable and extraordinary circumstances prevent performance and it notifies without undue delay before the start (Article 12(3)). Refunds are due without undue delay and in any event not later than 14 days after termination (Article 12(4)).

Who is responsible when something goes wrong during the holiday? (Article 13)

The organiser. Member States must ensure that the organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether they are performed by the organiser or by other travel service providers, such as the carrier or the hotel (Article 13(1)). Member States may also make the retailer responsible, in which case Article 7 and Chapters III to V, as applicable to the organiser, apply to it mutatis mutandis.

Report and remedy. The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity perceived during the trip (Article 13(2)), that is, a failure to perform or improper performance of the travel services (Article 3(13)). Under recital 34, a failure to give notice may be taken into account when determining the price reduction or compensation where notice would have avoided or reduced the damage. The organiser must remedy the lack of conformity unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected; if, for either reason, it does not, Article 14 applies (Article 13(3)). Subject to those exceptions, if it does not remedy within a reasonable period set by the traveller, the traveller may do so and request reimbursement of the necessary expenses, without setting a period where the organiser refuses or immediate remedy is required (Article 13(4)).

Alternatives, termination and getting home. Where a significant proportion of the services cannot be provided as agreed, the organiser must offer suitable alternative arrangements at no extra cost, with an appropriate price reduction if they result in a package of lower quality; the traveller may reject them only if they are not comparable or the reduction is inadequate (Article 13(5)). Where a lack of conformity substantially affects performance and is not remedied within a reasonable period set by the traveller, the traveller may terminate without a termination fee and, where appropriate, claim under Article 14; if carriage is included, the organiser also provides repatriation with equivalent transport without undue delay and at no extra cost (Article 13(6)).

Stranded. If the agreed return is impossible because of unavoidable and extraordinary circumstances, the organiser bears the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller, unless Union passenger rights legislation provides longer periods (Article 13(7)). That limit does not apply to the travellers with particular needs listed in Article 13(8), such as persons with reduced mobility, if the organiser was notified at least 48 hours before the start.

What can you claim: a price reduction, compensation, or both? (Article 14)

The traveller is entitled to an appropriate price reduction for any period of lack of conformity, unless the organiser proves it is attributable to the traveller (Article 14(1)), and to appropriate compensation from the organiser for any damage sustained as a result of it, without undue delay (Article 14(2)). Recital 34 states that compensation should also cover non-material damage, such as loss of enjoyment of the trip or holiday because of substantial problems in the performance of the travel services.

Defences. There is no entitlement to compensation for damages if the organiser proves that the lack of conformity is attributable to the traveller, attributable to an unconnected third party and unforeseeable or unavoidable, or due to unavoidable and extraordinary circumstances (Article 14(3)). Article 14(3) refers to compensation for damages; the price reduction has its own exception in Article 14(1).

Limits and injury claims. Limits in international conventions binding the Union on a provider’s compensation apply equally to the organiser; for conventions not binding the Union, Member States may limit compensation accordingly (Article 14(4)). Otherwise the contract may limit compensation, but not for personal injury or damage caused intentionally or with negligence, and not to less than three times the total price of the package (Article 14(4)). In our reading, the Directive itself lists no heads of damage for bodily injury; the applicable national law has to be checked.

Passenger rights and time limits. The Directive does not affect rights under the EU passenger rights regulations listed in Article 14(5) or international conventions; claims may be made under both, and amounts granted under one are deducted from the other to avoid overcompensation (Article 14(5)). The limitation period for introducing claims under Article 14 shall not be less than two years (Article 14(6)); the Directive does not fix the exact period or its starting point, so national law has to be checked.

Assistance on the spot and the retailer’s role (Articles 15, 16 and 20)

Assistance. The organiser must give appropriate assistance without undue delay to a traveller in difficulty, in particular information on health services, local authorities and consular assistance, and help with distance communications and alternative travel arrangements (Article 16). It may charge a reasonable fee for that assistance if the difficulty is caused intentionally by the traveller or through the traveller’s negligence, and the fee may not exceed the actual costs incurred.

The retailer. Messages, requests or complaints about performance may be addressed directly to the retailer through which the package was purchased; for time-limits and limitation periods, receipt by the retailer counts as receipt by the organiser (Article 15). If the organiser is established outside the European Economic Area, a retailer established in a Member State carries the organiser’s obligations on performance and insolvency protection unless it proves the organiser complies (Article 20).

What happens if the travel company becomes insolvent? (Articles 17 and 18)

Payments are covered by a security the organiser must provide. Organisers established in a Member State provide security for the refund of all payments made by or on behalf of travellers insofar as services are not performed as a consequence of the organiser’s insolvency, and, if carriage is included, for repatriation; continuation of the package may be offered (Article 17(1)).

Scope. The security must be effective and cover reasonably foreseeable costs (Article 17(2)); it benefits travellers regardless of their place of residence, the place of departure or where the package is sold (Article 17(3)). When performance is affected by the organiser’s insolvency, it is available free of charge to ensure repatriation and, if necessary, the financing of accommodation before repatriation (Article 17(4)); refunds for services not performed are provided without undue delay after the traveller’s request (Article 17(5)). Protection under the measures of the organiser’s Member State of establishment is recognised in the others (Article 18(1)).

Can the contract or a signed statement take these rights away? (Articles 4 and 23)

No. Travellers may not waive the rights conferred by the national measures transposing the Directive, and any contractual arrangement or statement by the traveller which directly or indirectly waives or restricts rights under the Directive, or aims to circumvent the Directive, is not binding on the traveller (Article 23(2) and (3)).

Where national laws can differ. Unless the Directive provides otherwise, Member States may not keep or introduce diverging provisions, including more or less stringent ones which would ensure a different level of traveller protection (Article 4). The options it leaves, such as retailer responsibility (Article 13(1)) or a withdrawal right for off-premises contracts (Article 12(5)), are points where national laws can differ. National general contract law on validity, formation or effect is unaffected insofar as the Directive does not regulate those aspects (Article 2(3)).

National law, and the changes that apply from 29 March 2029

The Directive does not itself say which country’s courts hear a dispute or which law governs the contract; recital 49 states that it is without prejudice to the Union rules on private international law, including Regulation (EC) No 593/2008. See our guides on which EU court has jurisdiction and on which law governs a contract.

Amendments. Directive (EU) 2026/1024 of 29 April 2026 amends Directive (EU) 2015/2302; Member States must adopt the measures by 29 September 2028 and apply them from 29 March 2029 (its Article 3). Among other changes, it deletes the rules on linked travel arrangements, including Article 19; extends Article 12(2) to unavoidable and extraordinary circumstances occurring at the place of departure or affecting the traveller’s journey to or from the destination, and to cases where significant effects can reasonably be expected; requires refunds and reimbursements after termination to be made without undue delay and not later than 14 days after termination, without the need for any prior request by the traveller; lets the organiser offer a voucher instead of a refund, which the traveller is not obliged to accept (new Article 12a); and adds complaint-handling rules (new Article 16a). Directive (EU) 2025/2647 replaces the dispute resolution information point in Article 7(2)(g), with national measures applying from 20 September 2028. Until those national measures apply, the rules described in the earlier sections remain the current text; this guide reflects the EU texts as at 25 October 2026.

Practical steps if your package holiday goes wrong

1. Report it on the spot. Tell the organiser, or the retailer you booked through, about the lack of conformity without undue delay, using the contact point in the contract, and keep a copy.

2. Set a reasonable period. Unless the organiser refuses or the remedy is needed immediately, give it a reasonable period before fixing the problem yourself, and keep receipts (Article 13(4)).

3. Keep the evidence. Keep the booking confirmation, photographs, medical reports and invoices.

4. Check national time limits. The two-year period in Article 14(6) is a minimum; check the national law that applies. See also our guides on the EU Mediation Directive, the EU Legal Aid Directive and compensation for tourists injured abroad.

5. Take advice in the country concerned on the transposing provisions.

Frequently asked questions

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