The new European framework for package travel strengthens consumer protection and introduces new information and insolvency protection obligations for entrepreneurs. This new legal framework will require travel operators to closely monitor how it is transposed in each jurisdiction where they operate, as national rules may impose stricter requirements than the minimum obligations set out in the directive.
As we discussed in the previous article published on this blog, on 28 May 2026 the new Directive (EU) 2026/1024, adopted by the European Parliament and the Council on 29 April 2026 and amending Directive 2015/2302, entered into force. This directive introduces significant changes to the existing legal framework for package travel. Member States must transpose it into their national legal systems by 29 September 2028 at the latest, and it must be applicable in their respective jurisdictions from 29 March 2029.
In that article, we identified the purpose behind the adoption of this directive – namely, to strengthen traveller protection and simplify the existing legal framework applicable to package travel – and discussed in detail the elimination of the concept of linked travel arrangements, which is the most notable change compared to the current directive. Although we mentioned them in our previous post on this new directive, we will now address the other key novelties relevant to industry operators.
Regarding information rights granted to consumers and travellers – and, consequently, the information obligations and duties for entrepreneurs – the new directive adds Article 5a, which provides that when bookings do not constitute a package, if an entrepreneur “invites” the traveller to purchase additional types of travel service for the same trip or holiday, it must clearly inform them that it is not a package and that they will therefore not benefit from the rights granted to package travellers under this Directive. Failure to comply with this obligation will result in all services being reclassified as a package for all purposes.
On this point – particularly for entrepreneurs who sell services directly that, on their own, do not constitute a package while also engaging in cross-selling of other travel services – the new rules increase the risk that a combination may be classified as a package if it is not clearly stated that it is not. Extreme care must therefore be taken to properly inform travellers when travel services purchased within 24 hours of accepting payment for the first travel service and at the same point of sale do not constitute a package.
Concerning vouchers and their issuance rules, the new Article 12a allows the organiser, where the package travel contract is cancelled, to offer the traveller a voucher corresponding to at least the amount of the refund to which the traveller is entitled, that may be redeemed for any service offered by the organiser.
The organiser must inform the traveller on a durable medium of their right to a refund, and the traveller is not obliged to accept the voucher. The voucher may be used in full or in part and may be transferred free of charge to another person on a one-time basis.
With regard to the procedural aspects of complaints made by travellers, the new Article 16a addresses some basic issues and imposes certain obligations on organisers. Specifically, it requires organisers to ensure that they are easily contactable and able to respond efficiently to queries from travellers, to acknowledge receipt of the complaint on a durable medium within 7 days, and to provide a reasoned reply within 60 days. This development will require customer service teams to implement the appropriate channels and tracking systems to ensure acknowledgment of receipt and compliance with these timeframes.
Additionally, the new directive strengthens insolvency protection, requiring that the guarantees to be provided by travel organisers cover payments made by travellers when the package is not performed, in whole or in part, due to the organiser’s insolvency, or when the traveller is entitled to a refund. These guarantees must cover at least the cost of refunds and, where the package includes carriage of passengers and potential repatriations. Guarantees may also be required from retailers where justified.
Consequently, operators who may be subject to these insolvency protection obligations would be well advised to review whether their current guarantees are sufficient to cover all applicable risks under the new regulatory framework.
A maximum period of 6 months is established for refunds from the insolvency protection from the date the traveller submits the required documentation, extendable to 9 months in exceptional circumstances.
Lastly, a notable new development is the introduction of a rule intended to protect travel organisers themselves. In this regard, Article 22 provides that where a travel service provider cancels or fails to provide a travel service forming part of a package, it must refund the organiser within 7 days of the cancellation or, if earlier, from the date on which the service should have been provided, allowing the organiser to refund the traveller within 14 days of receiving the repayment from the travel service provider. This chain of deadlines provides greater legal certainty for organisers and reduces the risk and financial cost of having to issue refunds in advance.
In conclusion, the new directive provides a clearer and more predictable framework, bringing greater clarity to the definition of travel and travel services while strengthening traveller protection in terms of information and refund rights. It also regulates insolvency guarantees and the complaints procedure. This reform will require travel operators to adapt progressively and, likewise, to closely monitor how it is transposed in each jurisdiction where they operate, as some minimum obligations set out in the directive may be stricter under national law.
José Manuel Cardona and Adrián Sánchez
Head of the Tourism and Hotels industry and associate in the Corporate and M&A service, respectively
