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Package Tours

Package tour and travel agency: Your rights

Is your complaint against a tour operator or travel agent? Then the following legal claims arising from the travel contract or the agency contract are particularly relevant.

Package holiday

A comparatively high level of protection applies to package holidays. A package holiday exists if at least two different types of travel services (e.g. hotel, car hire or other tourist services in addition to the flight) are booked as a single package for the purpose of the same trip. If there are travel defects such as mould in the hotel room or a flight cancellation, package holidaymakers can, among other things:

  • demand redress from the tour operator,
  • remedy the situation themselves if the tour operator refuses to do so,
  • reduce the tour price,

  • claim compensation for damages incurred if the tour operator is responsible for the travel defect (in serious cases also compensation for ‘wasted holiday time’).

Important: Travellers must report the defect immediately to the tour operator or its local representative!

Submit a request for conciliation

You can submit your conciliation request conveniently online here – not only for air travel but also for rail, long-distance bus, public transport, package tours or boat trips.

To the conciliation request

Travel agency

A travel agent can be a travel agency or a booking platform, for example. The travel agent does not become a contractual partner of the actual travel (service) (e.g. package tour or transport contract), but merely arranges a corresponding contract for the traveller. If something subsequently goes wrong, a distinction must be made between the brokerage and the actual trip (package holiday or transport contract). The travel agent is only liable for the proper arrangement, while the tour operator or airline itself is liable for the proper package tour or air transport.

The travel agent’s contractual obligations include making the booking requested by the traveller and passing it on to the travel company (e.g. package tour operator/hotel/airline). The travel agent is not liable for the provision of the services from the respective contract (e.g. package tour, accommodation, transport) and therefore also not for any claims and refunds if the agreed services are not/not provided in accordance with the contract. Claims against the travel agent may arise in the following constellations, among others:

  • Due to a transmission error by the travel agent, there is no booking for the traveller at the hotel booked,
  • booked seat reservation was not passed on to the airline,
  • additional services booked with the travel agent (e.g. ‘flexible ticket’ or ‘cancellation guarantee’) are not fulfilled.

Restricted mobility / accessibility

The needs of travellers with disabilities or reduced mobility deserve special protection. The following therefore applies when booking a package holiday:

  • Even before the booking is made, the tour operator must indicate whether the package holiday is suitable for people with reduced mobility. On request, precise information on such suitability must be provided, considering the needs of the traveller.
  • In addition, the respective European regulations in the travel and air passenger rights for people with disabilities or reduced mobility apply to transport to the holiday destination.
In the event of discrimination, claims for damages and/or compensation under the German Civil Code (BGB) or the General Equal Treatment Act (AGG) may also be considered.

Note

Whether a claim actually exists in your case depends on the specific individual case. The presentation of rights is only an initial overview and does not claim to be exhaustive. A comprehensive presentation of air passenger rights can be found on the website of the European Union.