Package holidays

Directly to:


Increasingly, Dutch consumers are booking holiday packages with a tour operator in another EU Member State. At the same time, more and more people from other EU Member States are booking ‘package holidays’ in the Netherlands. This is exactly as it should be, as the EU promotes the free movement of goods and services between Member States. But what protection do you have as a European travel consumer? You are protected under the provisions of a binding Directive which is applicable in all the countries of the European Union. Certain Member States may also have additional or more far-reaching national legislation. This article deals with the rules which apply in all EU Member States for the offering, selling and operation of package holidays. The European regulations on separate flights are set out in the article What are your rights as an air passenger in the EU?

To what does the EU ‘Package Travel’ Directive apply'?

The Directive applies to any pre-arranged combination of two or more services in the area of transportation, accommodation, entertainment and other tourist services which are sold at an inclusive price. In addition:

  • the package must cover a period of over 24 hours or overnight accommodation;
  • the package may not be offered on an occasional basis, but must have been arranged by a (semi-)professional organisation. So, the rules do not apply to a holiday or travel, the elements of which your travel agency has arranged for you in accordance with your specifically requested requirements or to a club outing which you have organised yourself.

In practice, almost all package holidays, pre-arranged and guided tours and holiday packages fall under the regulations, as do theatre and football packages. Even if you are asked to pay separately for the different components of the package! The rules apply to the travel organisation (tour operator) as well as to the retailer (travel agency).

What information must the tour operator give you before you book?

The information which the tour operator gives about the package tour (e.g. in a brochure or on a website) may not be misleading and must include the following minimum details:

  • The price (including obligatory and optional surcharges, airport taxes, etc.).
  • The holiday destination, dates, duration and other conditions
  • A description of the accommodation (comfort, location, category, national classification).
  • Which meals are included.
  • The means of transport, including class and route.
  • The payment schedule (when and how much to pay as a down payment, when the balance must be paid).
  • Whether a minimum number of people are required for a package holiday to take place and the latest time for informing the consumer that a package is cancelled.
  • document requirements plus any visa and vaccination requirements.

All the above information must also be included in the travel contract. They are binding on the tour operator and the travel agency, save where:

  • any changes are clearly notified to you prior to booking. In addition, there must be a statement in the brochure or on the website that changes are possible.
  • agreed to any changes in the travel contract.

What information must the tour operator give you before you leave?

Before departure, you must also be told in good time:

  • The departure and check-in times as well as the times of intermediate stops and transport connections and any details on the place to be occupied by the traveller (cabin, couchette, etc.).
  • Who you can turn to at your holiday destination in case of problems and/or a phone number for emergencies.
  • Additional information for minor travellers.
  • Information on the possibility of taking out travel or cancellation insurance.

What if changes are made to your package holiday after you have booked?

The tour organiser is obliged to meet the agreements made with you. If he makes significant changes to your package holiday before you leave, you must be told of this as soon as possible. If you do not agree to the change(s) you can choose to:

  • Cancel the package holiday. You must then be refunded everything you have already paid without any deduction of cancellation fees or costs.
  • Accept an alternative package holiday of a similar or superior standard.
  • Accept an alternative package holiday of a lower standard and be reimbursed the difference in price.

You do not have the above options in the case of a minor change, such as a change of departure or arrival airport or another departure time on the same day, which is made before you have received the tickets. You only have the option of not agreeing to the change if you can show that a minor change results in significant inconvenience for you.

In the Netherlands you may also be eligible for compensation for real financial loss which you have suffered plus a payment as compensation for ‘loss of travel enjoyment’. For further details go to www.consuwijzer.nl and www.anvr.travel.nl.

What if the price of your package holiday is increased after you have booked?

You only need to accept a price increase, if your travel contract states that the price is subject to change. Even then, prices may only be increased in connection with a change in the cost of transport (fuel), fees, taxes or exchange rate fluctuations. No price increase may be made within 20 days of your date of departure.

What are your entitlements, if your package holiday is cancelled?

If the tour organiser cancels your package holiday after you have booked, you have the same rights and options as when a significant change is made to the package. There are two exceptions:

  1. Your package holiday is cancelled, because an insufficient number of people booked onto the package holiday, within the period stated and you knew that this cancellation possibility existed.
  2. Your package holiday has to be cancelled due to unusual and unforeseeable circumstances which were beyond the tour operator’s control. This does not include overbooking.

What if you cancel a package holiday after booking?

Once you have booked a package holiday, you are in principle bound by the contract you have made with the holiday trader. If you want to cancel, you will have to pay the cancellation fee which is stated in the travel contract and/or the trader’s general terms and conditions. The amount of the cancellation fee can never exceed the advertised cost of the holiday. If you notify the tour operator in good time before your scheduled departure date, you are entitled to transfer your booking to another person or persons. This transfer is conditional on such other person(s) satisfying any conditions for participation in the holiday. The tour operator may, for example, refuse to allow a young person to take a package holiday designed for senior citizens. If the holiday has not yet been paid for in full, you are both liable for the outstanding balance, plus any reasonable costs for the transfer.

In the Netherlands, you are entitled to transfer your booking to (a) suitable other person(s) up to 7 days before your scheduled date of departure.

What can you do, if things go wrong after your departure?

If, after your departure, a significant part of the promised package is not delivered, the tour operator must offer you a suitable alternative at no extra cost. If the alternative is less than you might reasonably expect or if you do not agree to the alternative arrangements offered for any other good reason then you are entitled to compensation and possibly also to return home free of charge. If necessary, the tour operator must also offer you assistance free of charge. You must report any problems during your package holiday as soon as possible to the tour operator or its local representative so that the problem may be resolved. If you are not happy with the steps that are taken to resolve the problem, you can make a complaint in writing after you have returned home. It is advisable to gather as much evidence as possible to support your complaint. Your travel contract must state the period within which you can submit any complaint about your package holiday.

Is there a guarantee scheme?

In the Netherlands, approximately 95% of all tour operators are members of ‘Stichting Garantiefonds Reisgelden (SGR) (Travel Compensation Fund). If you book a package holiday with an organisation that is a member of this Fund, your holiday is covered by this guarantee scheme. You will get your money back if, after you have booked, it is uncertain whether you can take your package holiday due to financial problems at the tour operator. If you book your package holiday in another country of the European Union, you should check whether a guarantee scheme exists in that country and whether the operator with whom you wish to book is a member of this scheme. You may ask the ECC in the Netherlands to check this out for you.

Who can you turn to if you have a complaint?

In the Netherlands, almost 90% of all package holidays that are booked are covered by the Travel Terms and Conditions of the ANVR (Dutch Association of Travel Agents and Tour Operators). These Terms and Conditions have been approved by the Consumentenbond, the Dutch Consumers’ Association. If you have booked a package holiday with a tour operator that is a member of the ANVR and you have a complaint about this holiday, you must write to the tour operator concerned within 1 month after returning home and make your complaint. If you are not happy with the solution which is proposed, you can submit your complaint to the Geschillencommissie Reizen (Dutch Travel Industry Disputes Committee) within 3 months after returning home. Further details on the above can be found at www.sgc.nl. If you live in the Netherlands and you wish to complain about a package holiday which you booked in another country of the European Union then you can contact the ECC for assistance. We will then see whether your complaint can be brought before an 'Alternative Dispute Resolution Body' in the country concerned. You can also contact the ECC if you have a question about booking a package holiday in the EU.

Tips:

  1. Check whether the tour operator is a member of a guarantee scheme. In the Netherlands, this is the SGR (Stichting Garantiefonds Reisgelden - Travel Compensation Fund).
  2. Check whether the tour operator is a member of a trade association. In the Netherlands, this is the ANVR (Dutch Association of Travel Agents and Tour Operators).
  3. You do not have a 7-day cooling off period, if you book online. If you book a package holiday online, you do not have a right to cancel.

    <link to right to cancel/article on Distance Shopping>

  4. Ask for the vendor’s general terms and conditions and read them.Every tour operator in the EU must supply these terms and conditions on request.
  5. Cancellation and travel insurance? Check first whether you need them.