Travel, services and package tours

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Summary:

The Consumer Code specifically protects travellers who have signed a contract with a travel agent for travel, holidays or holiday packages. When a sales contract is signed, both the travel agent and the traveller have rights and obligations.

When a sales contract is signed, both the travel agent and the traveller have rights and obligations.

All travel agents must:

  • include all mandatory information when drawing up a sales contract;
  • inform the traveller in a clear and precise manner of all aspects of their trip before they sign the contract;
  • inform the traveller of their right to transfer or, in some cases, to cancel the sales contract;
  • provide the traveller with the essential information before their departure (departure and arrival times, itinerary, local contacts, insurance and assistance in the event of problems, etc.);
  • make every effort to help travellers in difficulty after their departure.

Who is concerned

The Consumer Code specifically protects you when you have signed a contract with a travel agent for travel, holidays or holiday packages.

The contract may be for:

  • services provided during trips or stays, such as:
    • the issuance of transport documents;
    • the booking of rooms in hotels or tourist accommodation establishments;
    • the issuance of accommodation or meal vouchers;
  • tourism-related services – in particular, reception and the organisation of tours, conferences and other similar events.

You are concerned if you are a travel agent.

However, you are not concerned if you are a natural or legal person:

  • providing tourism-related services, such as guest reception and the organisation of tours, conferences or other similar events, for services for which you, yourself, are the producer (e.g. reception of tourists and visits to vineyards, wine cellars, etc.);
  • running a hotel or tourist accommodation for the booking of rooms in your own establishment;
  • providing transport for travellers excluding package stays and tours with transfers;
  • authorised to hire a vehicle.

Certain services are not concerned, such as those offered by:

  • associations;
  • organisations;
  • bodies recognised as being of public interest which, within the framework of their activities, organise and manage transport from/to:
    • holiday resorts or recreational centres;
    • summer camps for youths under 18;
    • holiday villages or family homes.

Prerequisites

Preliminary steps

With the exception of those individuals who are explicitly excluded by the regulations, all concerned persons must first set themselves up as a travel agent.

How to proceed

Mandatory information

General remarks

The travel agent has a legal obligation to provide the traveller with:

  • certain information prior to concluding the contract;
  • all mandatory information that must be included in the contract;
  • certain information prior to the traveller's departure.

If a travel agent does not fulfil these obligations, travellers are entitled to request cancellation of the contract.

Mandatory information in the brochure

The travel agent is responsible for the pre-contractual information communicated in the sales brochure. As such, they must abide by the information contained in this documentation provided to the traveller.

In their brochure, the travel agent must specify:

  • the name and address of the person authorised to operate as a travel agent;
  • the business permit details;
  • the name and address of the guarantor;
  • the name and address of their insurer.

Any change in the information contained in the brochures must be brought to the traveller's attention in writing before the contract is signed. If this is not done, the travel agent remains bound by the information originally stated in the brochure.

Information prior to signing the contract

Before signing a contract, the travel agent must provide the traveller with the following in writing, or in any other format offering the same guarantees:

  • the price of the trip and the terms of payment;
  • details of the services provided, such as:
    • the destination of the trip;
    • the means, characteristics and categories of transport used;
    • the itinerary for the trip;
    • the type of accommodation, the main characteristics of the place of accommodation, its location and its quality rating with regard to the regulations in force in the country in question (usually in terms of a number of stars);
    • the number of meals included;
  • the deadline for informing travellers of cancellation of the trip due to insufficient numbers, if the trip is dependent on a minimum number of participants. This deadline must be 21 days prior to departure at the latest;
  • the conditions under which travellers can cancel the contract, such as:
    • the cancellation deadlines;
    • the cost to be borne by the traveller in the event of cancellation;
  • the conditions governing the crossing of borders, such as:
    • information regarding passports and visas;  
    • health formalities required for the trip and the stay;
  • a statement that the travel agent reserves the right to modify the information provided.

The law allows travel agents to indicate in writing that they reserve the right to modify any information communicated to travellers beforehand.
If this statement is not included, the travel agent:

  • has an obligation to respect all of the preliminary information communicated to travellers; and
  • can no longer modify this information.

Only travellers may request changes, specified in the contract, to the services advertised.

On any document given to travellers containing the information mentioned above, the travel agent must also indicate:

  • the name and address of the person authorised to operate as a travel agent;
  • the business permit details;
  • the name and address of the guarantor;
  • the name and address of their insurer.

Travellers can claim that the contract is null and void if it was concluded in violation of the pre-contractual obligations.

Mandatory information before departure

Travel agents are required to provide travellers, in writing and before their departure, with information concerning:

  • transport, such as:
    • departure and arrival times;
    • stopovers and travel connections;
    • in the event of travel by boat or train, the traveller's assigned seat, if booked;
  • the contact persons, such as:
    • the name, address and phone number of:
      • the operator's local representative; or
      • the seller; or
      • the local organisations available to help travellers in the event of a problem;
    • for underage children travelling abroad, the information required to establish direct contact with the child or with the person in charge on site;
  • insurance and assistance – namely:
    • the option to sign an insurance contract covering cancellation costs;
    • the option to sign an assistance contract covering repatriation costs in the event of accident or illness.

Contractual terms

Mandatory particulars in the contract

The travel agent must have communicated the contractual clauses to the traveller:

  • in writing; and
  • before the contract is signed.

It is important for travellers to have been able to familiarise themselves with every aspect of the contract prior to signature, otherwise the contract is null and void.

Any contract signed between a travel agent and a traveller relating to trips or package holidays must include:

  • the names and addresses of:
    • the tour operator;
    • the seller;
    • the guarantor;
    • the insurer;
  • details of the services provided:
    • the destination or destinations of the trip;
    • in the case of several distinct periods of stay, the details and dates of the different periods of stay;
    • the itinerary for the trip;
    • the means, characteristics and categories of transport used to reach the destination (departure and arrival times, stopovers and connections, and in the event of travel by boat or train, the traveller's assigned seat, if booked);
    • the type of accommodation, the main characteristics of the place of accommodation, its location and its quality rating with regard to the regulations in force in the country in question (usually in terms of a number of stars);
    • the number of meals included;
    • the final dates, times and places of departure and return, determined at the latest when the travel documents were handed over;
    • the visits, excursions or other services included in the total price of the package;
    • the deadline for informing travellers of cancellation of the trip due to insufficient numbers, if the trip is dependent on a minimum number of participants. This deadline must be 21 days prior to departure at the latest.
  • the price and the terms of payment:
    • the price of the package;
    • any fees or taxes associated with certain services (landing, embarkation or disembarkation fees at ports or airports, visitor's taxes), whenever they are not included in the package;
    • the terms of payment;
    • the payment schedule;
    • the rights and obligations of each party with regard to price adjustments;
    • the amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance (travellers cannot make a final payment less than 30% of the total price and this balance must be paid at the time the documents are handed over);
    • any special requirements of which travellers have informed the travel agent at the time of the booking, and which both parties agreed to;
  • the mutual rights and obligations of the parties:
    • the cancellation terms;
    • the terms and conditions governing the transfer of the contract;
    • the deadlines by which any claims for non-performance or poor performance of the contract must be filed;
    • any optional clauses regarding the limitation of the travel agent's liability in respect of moral (non-material) damages following the non-performance of one or more contractual obligations;
  • the conditions for the handing over of the documents;
  • the signatures of the travel agent and the traveller;
  • the certificate of guarantee designed to inform the traveller about:
    • the travel agent's insurance in the event of bankruptcy or insolvency;
    • the reimbursement of funds paid for contract-related services;
    • repatriation.

The certificate to be given to the client must contain:

  • the details of the guarantee;
  • the name and address of the guarantor;
  • any information travellers may need to contact the guarantor at any time if repatriation is required.

The contract terms must also reflect the preliminary information given to the traveller, except:

  • if the traveller has taken the initiative to request modification of the services offered or advertised and the travel agent has agreed;
  • for the information contained in brochures:
    • if the travel agent has reserved the right to modify the information published in the brochure;
    • if the travel agent has informed the client in writing of the modifications in a timely manner, and before the conclusion of the contract;
  • for any other preliminary information, if the travel agent has reserved the right to make changes.

Price

The prices specified in the contract may be adjusted only if:

  • the adjustments in question concern:
    • the transport costs (especially with regard to fuel costs);
    • fees and taxes associated with the services provided (embarkation and disembarkation fees at ports or airports);
    • exchange rates that apply to the trip;
  • the contract provides for possible price adjustments, both upward and downward;
  • the contract specifies the method for calculating the new price.

If none of the latter are stipulated in the contract, the prices may not be adjusted.

Even when the contract provides for the possibility of a price revision:

  • only downward revisions are possible in the 20 days before the scheduled departure date;
  • customers can exercise their right to terminate in the event of upward revision of the contract price.

Indeed, if the travel agent increases their prices, they must:

  • notify the customer; and
  • also notify the customer of their right to terminate the contract.

The traveller can then terminate the contract within 7 days of:

  • the travel agent's announcement of the price increase; or
  • if no specific information is provided, receipt of the final invoice for the current services.

Customers who terminate their contract are entitled to a full refund of the amounts paid, without the application of fees or penalties, within 10 days of the termination.

Transfer of the contract

Travellers may, if they so wish, transfer the contract:

  • to someone who meets the requirements laid down for the trip or stay; and
  • provided they notify the travel agent of their decision within a reasonable time before the start of the trip.

The transferor (the customer transferring the contract) and the transferee of the contract are jointly and severally liable with regard to:

  • the travel agent; and
  • payment for the trip or stay; and
  • any additional costs incurred as a result of this transfer.

This means that, in order to claim payment for the entire amount due, the travel agent may contact:

  • either the transferor; or
  • the transferee.

The terms and conditions governing the transfer must be specified in writing in the sales contract.

Failure to comply with the elements in the contract prior to departure

Unforeseeable external events

Only the travel agent may invoke an unforeseeable external event. The Consumer Code provides very precisely for the options that the travel agent must offer to the traveller but this must be specified in writing in the sales contract. Indeed, in case of a force majeure event, travellers who are unable to start their trip must refer to the provisions of the contract that define their rights in this case. If there is nothing stated in the contract on this subject, the Consumer Code does not provide for a solution in the event of disagreement between the parties.

If, before the departure, the travel agent is forced to breach one of the fundamental elements of the contract following an unforeseeable external event, they must:

  • notify the traveller within 3 days of the event; and
  • inform the traveller of their right to terminate the contract within 7 days of this notification.

Two scenarios are then possible:

  • the traveller wishes to terminate the contract within the 7-day period. They are then entitled to a full refund of the amounts paid, without the application of fees or penalties, within 10 days of the contract termination date; or
  • the traveller does not wish to terminate the contract, and they then:
    • accept the amendment of the contract; and
    • can also opt for a service of equivalent or higher quality, offered by the travel agent as a replacement, without a price increase. If the service offered is of lower quality, the customer is entitled to a refund of the difference in price.

Termination of the contract by the travel agent

If, prior to departure, the travel agent terminates the contract without any fault on the part of the traveller:

  • they must refund the total of the amounts paid by the traveller within 10 days of the termination date; and
  • the traveller can claim compensatory damages unless the contract termination is due to:
    • too few people signing up for the trip in relation to the minimum requirement. The traveller was notified of this cancellation condition in the description of the package;
    • a force majeure event, namely abnormal and unforeseeable circumstances outside the travel agent's control, the consequences of which were unavoidable.

Non-observance of contractual provisions after departure

If the travel agent is unable to observe one of the provisions of the contract after the departure, they must offer the traveller an equivalent set of services of at least the same quality as a replacement for those which were not provided, unless they are unable to do so for duly justified reasons.

The travel agent must:

  • pay for the additional costs incurred as a result of the change to the services; or
  • refund the traveller the price difference between the proposed services and the services actually provided.

The travel agent must provide the traveller with the transport documents required for their return, if:

  • they are unable to offer replacement services; or
  • the traveller does not accept the proposed change, for valid reasons.

In this case, the traveller can also claim compensatory damages.

Liability of the travel agent

The travel agent is legally responsible to the traveller for fulfilment of the contractual obligations, whether they are fulfilled:

  • by the agent themselves; or
  • by other service providers.

However, the travel agent is not liable if they prove that the non-performance of the contract is attributable to:

  • the traveller themselves; or
  • a third party who is not a service provider under the contract; or
  • a force majeure event.

Except in the case of a breach attributable to the traveller, the travel agent has an obligation to make every effort to help travellers in difficulty.

In the event of failure to fulfil the obligations provided for in the contract:

  • travellers may claim compensation for harm suffered, insofar as compensatory damages are not limited by the contract;
  • if the service depends on international law, whether or not travellers can claim compensation for harm suffered will depend on the provisions of international law, which shall prevail over national law.

Disputes

Contacts

In the event of a dispute, travellers can obtain information and assistance from:

  • the Luxembourg Consumer Protection Association (Union luxembourgeoise des consommateurs - ULC), if the dispute is between a traveller and a tourist service provider (travel agency, airline, hotel, etc.) in Luxembourg;
  • the European Consumer Centre (ECC Luxembourg), in the case of a cross-border consumer dispute – i.e. a dispute between a consumer and a tourist service provider located in another country of the European Union.

Filing a claim

Travellers who wish to receive a refund or even compensatory damages from the travel agent must:

  • inform the tour operator's representative at the holiday location and have them draw up an 'irregularity report' stating all the points at issue;
  • document their claim as accurately as possible, with pictures and/or witness statements in support of the claim;
  • on returning home, inform the travel agent by registered mail of the problems encountered during the holiday.

Note that claims must be based on objective criteria rather than on personal opinions. For example, travellers may legitimately request a refund if the services are of a lower standard than those provided for in the contract.

Travellers can also contact the Luxembourg Commission for Travel Disputes (Commission luxembourgeoise des litiges de voyage - CLLV), the amicable settlement body responsible for finding an out-of-court solution in response to travellers' complaints.

The CLLV's mission is to seek to reconcile the parties. In the event of failure, it issues an opinion in writing that is:

  • legally justified; and
  • based on the principle of fairness.

However, the opinion is not legally binding, meaning that it imposes no obligation on the parties, but the opinion's moral authority may be enough to settle the dispute.

In the case of an objection, the parties can take the case to court and the opinion may be used as proof.

Who to contact

  • Luxembourg Consumer Protection Association (ULC)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 1
    Fax:
    (+352) 49 49 57
    Email address:
    info@ulc.lu
    Website:
    https://www.ulc.lu
    Closed ⋅ Opens at 8.00
    Tuesday:
    8.00 to 12.00
    Wednesday:
    8.00 to 12.00
    Thursday:
    8.00 to 12.00
    Friday:
    8.00 to 12.00
    Saturday:
    Closed
    Sunday:
    Closed
    Monday:
    8.00 to 12.00
    In the afternoon only by appointment.

  • Luxembourg Consumer Protection Association (ULC)

    Luxembourg Commission for Travel Litigation (CLLV)

    Address:
    55, rue des Bruyères L-1274 Howald
    Phone:
    (+352) 49 60 22 205
    Fax:
    (+352) 49 49 57
    Email address:
    contact@cllv.lu
    Website:
    https://www.ulc.lu

European Consumer Centre

Address:
271, route d’Arlon L-1150 Luxembourg
Phone:
(+352) 26 84 64 1
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.
Fax:
(+352) 26 84 57 61
Email address:
info@cecluxembourg.lu
Website:
https://www.cecluxembourg.lu/en/contact-and-opening-hours/
Consultation by appointment

Related procedures and links

Links

Further information

Legal references

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