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Brussels, |
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Traveller Consumer Rights
MOBILITY & TRANSPORT
The Directive (EU) 2015/2302, effective from July 1, 2018, was established to heighten and standardize consumer protection concerning contracts for package travel and linked travel arrangements. Acknowledging the increasing trend of internet bookings, this directive aims to ensure a high level of consumer rights in the travel sector.
Key Provisions of the Directive:
Member States are prohibited from introducing diverging levels of traveller protection that deviate from the standards of this directive.
Post-COVID-19 Measures:Post the outbreak of COVID-19, the European Commission introduced measures addressing the impact of the crisis on travel, including guidelines on vouchers as alternatives to reimbursements for canceled services and health, repatriation, and travel arrangements for individuals on board ships.
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In 2023, the Commission presented a Proposal for a Directive review of this Directive.
Evaluation and Reform
Tourism is a major global economic driver, contributing over 10% of global GDP and growing from 680 million tourists in 2000 to 1.5 billion in 2019. The EU is the top global tourist destination, with about two-thirds of international arrivals in 2022. The sector supports 2.3 million businesses and 10.9 million jobs in the EU (2020).
EU consumers book travel in diverse ways—online, offline, through separate or combined services—often via intermediaries or custom packages. To reflect evolving market trends, the Package Travel Directive (EU) 2015/2302 was introduced, modernizing outdated rules and covering previously unregulated booking practices.
The COVID-19 pandemic exposed significant weaknesses:
In May 2020, the Commission issued a Recommendation (2020/648) promoting voluntary use of vouchers with added protection. However, national responses varied, and infringement proceedings were launched against 11 Member States for breaching EU law.
The PTD Application Report (2021) reviewed national implementation, highlighting:
The European Court of Auditors recommended stronger passenger protections during crises. The Fit for Future Platform (2022 opinion) identified five structural issues with the Directive.
The Commission's New Consumer Agenda (2020) called for an in-depth evaluation of the Directive to ensure consumer protection is robust even during crises.
Goals of the Review
While the Directive has brought substantial benefits, the review concludes that it remains only partially effective and needs targeted reform to adapt to changing consumer habits and improve resilience for future crises.
Key Provisions of the Directive:
- Pre-Contractual Information Requirements:
- Organizers and retailers must provide comprehensive information prior to contract signing, including details on the itinerary, transport, accommodation, meals, group size, suitability for persons with reduced mobility, and total pricing.
- Contracts must reiterate this information and include specifics on traveller's special requirements, organiser's responsibility, contact details for assistance, and complaint-handling procedures.
- Price Modification Rules:
- Price increases are capped at 8% and permissible only if the contract explicitly allows it, and they result directly from cost changes in fuel, taxes, fees, or exchange rates.
- Notification of any price hike must be given at least 20 days before the package start.
- Contract Termination Rights:
- Travelers have the right to terminate the contract without a fee if significant changes are made by the organiser, the price increases beyond 8%, or in cases of unavoidable and extraordinary circumstances impacting the package performance or transportation to the destination.
- In other cases, termination is possible with an appropriate fee.
- Performance and Compliance:
- The organiser is accountable for the proper execution of all travel services in the contract.
- In cases of non-compliance, the organiser must rectify the issues unless it's impossible or disproportionately costly.
- Suitable alternative arrangements should be offered at no extra cost if a significant proportion of services can't be provided.
- Accommodation costs for up to three nights are covered by the organiser if the traveller's return is hindered due to unavoidable and extraordinary circumstances.
- Contract termination without a fee is allowed if a significant lack of conformity isn't remedied by the organiser.
- Insolvency Protection:
- Enhanced protection is in place for travellers in case of the organiser's insolvency, including a network of central contact points across Member States for improved international cooperation.
- Exceptions:
- The directive excludes certain travel arrangements like short trips under 24 hours without overnight stays, non-profit trips for limited groups, or business-related travels.
Member States are prohibited from introducing diverging levels of traveller protection that deviate from the standards of this directive.
Post-COVID-19 Measures:Post the outbreak of COVID-19, the European Commission introduced measures addressing the impact of the crisis on travel, including guidelines on vouchers as alternatives to reimbursements for canceled services and health, repatriation, and travel arrangements for individuals on board ships.
------------------------------------------------------------------------------------------------------------------------------------------------
In 2023, the Commission presented a Proposal for a Directive review of this Directive.
Evaluation and Reform
Tourism is a major global economic driver, contributing over 10% of global GDP and growing from 680 million tourists in 2000 to 1.5 billion in 2019. The EU is the top global tourist destination, with about two-thirds of international arrivals in 2022. The sector supports 2.3 million businesses and 10.9 million jobs in the EU (2020).
EU consumers book travel in diverse ways—online, offline, through separate or combined services—often via intermediaries or custom packages. To reflect evolving market trends, the Package Travel Directive (EU) 2015/2302 was introduced, modernizing outdated rules and covering previously unregulated booking practices.
The COVID-19 pandemic exposed significant weaknesses:
- Widespread cancellations of trips
- Delayed or missing refunds
- Lack of effective insolvency protection and unclear rules on vouchers
In May 2020, the Commission issued a Recommendation (2020/648) promoting voluntary use of vouchers with added protection. However, national responses varied, and infringement proceedings were launched against 11 Member States for breaching EU law.
The PTD Application Report (2021) reviewed national implementation, highlighting:
- Complexity of linked travel arrangements
- Uncertainty around refund mechanisms and crisis handling
- Lack of clear vouchers and insolvency frameworks
The European Court of Auditors recommended stronger passenger protections during crises. The Fit for Future Platform (2022 opinion) identified five structural issues with the Directive.
The Commission's New Consumer Agenda (2020) called for an in-depth evaluation of the Directive to ensure consumer protection is robust even during crises.
Goals of the Review
- Strengthen consumer rights, including during crises
- Improve clarity, reduce legal uncertainty
- Address gaps in vouchers, advance payments, cancellation rules, and insolvency protection
- Simplify definitions and administrative burdens
While the Directive has brought substantial benefits, the review concludes that it remains only partially effective and needs targeted reform to adapt to changing consumer habits and improve resilience for future crises.
