Package holidays: your rights
Last update
Summary:
If you have booked a package holiday (also known as a ‘package tour’), you are protected by European law. In the event of problems or cancellation, you are entitled to assistance, reimbursement or compensation, depending on the circumstances.
European Union (EU) commitments in the area of package holidays are notably aimed at providing a high level of protection for travellers.
When you book a package holiday, the organiser must clearly and accurately inform you of your rights. You are also entitled to assistance should you encounter any difficulties and, depending on the circumstances, you may be entitled to a refund or compensation in the event of cancellation.
Who is concerned
Anyone who has booked a package holiday.
A package holiday, also known as a package tour, is a reservation of travel services:
- either through an organiser (e.g. tour operator, travel agency) under a single contract;
- or via multiple service providers, under separate contracts, subject to certain conditions.
The services you book as part of a package holiday may, for example, include: transportation, accommodation and car hire.
How to proceed
Organiser's liability
The organiser is responsible for the proper execution of all travel services included in the package. If you are unable to benefit from a service originally planned, or if a service is not provided in the agreed form, the organiser must remedy the problem at no extra charge.
The organiser must offer you repatriation if there is a problem with transportation and it is either impossible for them to offer you replacement services, or you refuse the services offered for valid reasons.
If the travel services do not meet the agreed standards and the problem cannot be resolved locally, you may also be entitled to compensation.
The organiser of your package holiday is also liable if any of the following occur during the booking process:
- a technical fault in the booking system;
- an error made by the booking agent.
Please note: the organiser is not responsible for booking errors for which you are responsible or which are due to exceptional or unavoidable circumstances.
Right to information
Before booking your package holiday, the organiser must provide you with all the standard information concerning:
- the destination of the trip (itinerary, dates and length of stay, details of any transfers, visits or excursions) and the list of services included;
- the name and contact details of the package organiser and retailer, if the package is sold through them;
- the total price, including all taxes and any additional charges, as well as the terms of payment;
- the terms and conditions for terminating the contract before the start of the package holiday, subject to payment of an adequate termination fee;
- passports and visas;
- complaint handling procedures, alternative dispute resolution (ADR) mechanisms and, where applicable, the ADR entity and online dispute resolution platform.
You must also receive a standard EU form, which explains that you have been offered a package and sets out your rights.
Modification or termination of the contract
Price increase
The organiser may increase the price of the package if there is an increase in certain costs (e.g. fuel), provided that:
- the possibility of a price increase is provided for in the contract; and
- the price increase is not applied within 20 days of the start of the trip.
If the price increase is more than 8% of the package price, you have the right to terminate the contract free of charge.
Inability to travel
If you find yourself unable to travel, you can;
- transfer the package to another person:
- subject to conditions; and
- for a reasonable fee that does not exceed the actual costs incurred by the organiser for transferring your package holiday contract;
- cancel the contract and be reimbursed: the organiser may however deduct a reasonable amount from the refund, depending in particular on the date of cancellation.
These rights are independent of any other rights linked to a cancellation insurance policy you may have taken out.
Cancellation by the organiser
Under normal circumstances, if the organiser cancels the trip before it begins, you are entitled to a refund and, where applicable, compensation.
Exceptional circumstances
The organiser may cancel the package tour in case of:
- natural disasters; or
- serious security concerns at the destination.
As a traveller, you can also cancel your package free of charge for the same reasons. In this case, you are entitled to a refund of all the payments you have made, but you cannot claim any additional compensation.
Bankruptcy
If the organiser of your package tour goes bankrupt, you benefit from insolvency protection. This could be a fund, insurance or any other mechanism set up in your EU country. You can:
- be reimbursed for any payments made; and
- if necessary, be repatriated, if transportation was included in your package.
Assistance
If you encounter problems during your package holiday (e.g. health problems, loss of passport), the organiser must provide you with assistance and help you find replacement services, if necessary.
Who to contact
-
Ministry of the Economy General Directorate for SME, Craft and Retail (Package Travel)
- Address:
- 19-21, boulevard Royal L-2449 Luxembourg Luxembourg
- Phone:
- (+352) 247 74 700
- Email address:
- travel@eco.etat.lu
- Website:
- https://meco.gouvernement.lu/en.html
-
Directorate for Consumer Protection Directorate for Consumer Protection
- Address:
-
271, route d’Arlon
L-1150
Luxembourg
Luxembourg
B.P. 119, L-2011 Luxembourg
- Email address:
- info@mpc.etat.lu
-
European Consumer Centre EIG
- Address:
- 271, route d’Arlon L-1150 Luxembourg Luxembourg
- Phone:
- (+352) 26 84 64 1
- Fax:
- (+352) 26 84 57 61
- Email address:
- info@cecluxembourg.lu
The telephone helpdesk is open on Mondays, Wednesdays and Fridays from 9.00 to 12.00 and on Tuesdays and Thursdays from 9.00 to 16.00. Consultation by appointment
-
National Service of the Mediator of Consumption
- Address:
- 6, rue du Palais de Justice L-1841 Luxembourg Luxembourg
- Phone:
- (+352) 46 13 11
- Fax:
- (+352) 46 36 03
- Email address:
- info@mediateurconsommation.lu
Closed ⋅ Opens at 9.00
- Tuesday:
- 9.00 to 12.00 , 14.00 to 17.00
- Wednesday:
- 9.00 to 12.00 , 14.00 to 17.00
- Thursday:
- 9.00 to 12.00 , 14.00 to 17.00
- Friday:
- 9.00 to 12.00 , 14.00 to 17.00
- Saturday:
- Closed
- Sunday:
- Closed
- Monday:
- 9.00 to 12.00 , 14.00 to 17.00
Mon.-Fri. from 9.00 to 12.00 and from 14.00 to 17.00
Related procedures and links
Procedures
Links
Further information
-
Package travel and linked travel arrangements
on the Your Europe portal
-
Travellers' rights
on the website of the Luxemburgish Consumer Protection Association (ULC)
-
Traders covered by a guaranty in case of insolvency and repatriation as of the 24th of May 2024
Pdf • 449 Kb
-
Package Travel
on the website of CECL
Legal references
- Code de la consommation, Partie règlementaire, Section VI
- Code de la consommation, Livre II, Titre II, Chapitre V
-
Loi du 25 avril 2018
portant modification du Code de la consommation en ce qui concerne les voyages à forfait et les prestations de voyages liées, et modifiant la loi modifiée du 2 septembre 2011 réglementant l’accès aux professions d’artisan, de commerçant, d’industriel ainsi qu’à certaines professions libérales
