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Package travel (European Union)
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YOUR PROTECTION UNDER COMMUNITY LAW
All tourists buying package-travel products have rights under Community legislation which apply throughout the Union.
'Package' in this case means a pre-arranged set of services sold or offered for sale at an inclusive price covering a period of more than twenty-four hours or including an overnight stay and which combines at least two of the following:
- your transport;
- your accommodation;
- any other tourist services not related to your transport or accommodation which account for a significant proportion of the package price.
Consumers will only be covered where, at least, two of these elements are sold or offered for sale, which means for example that buying air transport only, is not buying a package and therefore is excluded from the protection afforded by Community legislation.
Community legislation lays down various rules affecting your rights to information. Operators are not legally required to provide you with a brochure, but if they do it may not contain misleading information. The same holds for information describing the package in any promotional literature. This descriptive information constitutes an integral part of your contract, so the operator or travel agent is liable if the services actually provided do not match those described.
The Community legislation lists the terms which must be included in every contract, sets out strict conditions for any changes to the prices contained in the contract, and specifies under what circumstances your contract may be cancelled or terminated. It also deals with various consequences of the operator failing to fulfil the contract properly or at all, including the issue of liability and what guarantees there are to protect you if the service provider ceases trading or goes bankrupt.
The protection afforded to purchasers of package travel under Community law must be backed by national legislation in each Member State of the Union. Any Member State is entitled to reinforce or extend this Community protection under its national law.
TopADDITIONAL INFORMATION FROM THE COURT OF JUSTICE
The Court of Justice has provided some further information on the field of application of the Directive on package holidays, referring in particular to Article 7.
In case C-364/96, it ruled that Article 7 is to be interpreted as "covering a situation in which the purchaser of a package holiday who has paid the travel organiser for the costs of his accommodation before travelling on his holiday is compelled, following the travel organiser’s insolvency, to pay the hotelier for his accommodation again in order to be able to leave the hotel and return home".
This refers to cases in which the consumer pays a sum of money to the hotelier before leaving, as the latter would otherwise prevent the consumer from returning home by forcing him to stay at the holiday destination.
In case C-237/97, the Court stated that the Directive does not apply to travel:
- comprising student exchanges of about six months’ or a year’s duration
- the purpose of which is attendance by the students at an educational establishment in the host country in order to familiarise himself with its people and culture; and
- during which the student stays with a host family as if he were a member thereof free of charge.
Article 7 of the Directive also applies to trips which are offered by a daily newspaper as a gift exclusively to its subscribers and for which the consumer must pay:
- if he travels alone: airport taxes and a single-room supplement
- if he is accompanied by one or more persons paying the full rate: only the airport taxes (case C-140/97).
For further information on the application of Article 7 of the Directive and on the national legislation transposing Article 7, see the Report on the implementation of Directive 90/314/EEC on package travel and holiday tours in the domestic legislation of EC Member States.
The protection provided by Community law on package holidays must be ensured by the legislation of the EU Member States. The latter can also reinforce or complete this consumer protection within the framework of their national legislation.
TopREFERENCE TEXT
- Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (published in the Official Journal of the European Communities No L 158, 23 June 1990, page 59).
- Related links
- See EU Guide:
