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Package Holidays and EC261: Who Do You Claim From?

On a package holiday, you have rights against both the airline and the tour operator. Here's how to navigate the overlapping claims.

Package holidays add a layer of complexity to EC261 claims because there are two parties involved: the airline that operated the flight and the tour operator that sold the package. When a flight disruption ruins the start of your holiday, both may owe you something, but they owe you different things under different regulations. Understanding who to approach for what is the key to getting everything you are entitled to.

EC261 compensation: claim from the airline

EC261 obligations fall on the airline that operated the disrupted flight, not the tour operator that sold you the package. Whether you flew on a scheduled service or a charter flight, the operating carrier is responsible for compensation of €250 to €600, the right to care during the disruption, and the choice between a refund and rebooking for cancellations.

The fact that you booked through a tour operator does not change this. The airline cannot redirect you to the tour operator for EC261 claims, and the tour operator cannot claim it on your behalf without your authorisation (though some may offer to do so).

Package Travel Directive: claim from the tour operator

Separately, the EU Package Travel Directive gives you rights against the tour operator for issues with the overall package. If the flight disruption caused you to lose days of your holiday, miss a pre-booked excursion, or incur costs that the airline's care obligations did not cover, the tour operator may owe you additional compensation or a partial refund of the package price.

Claim from airline (EC261) Claim from tour operator (Package Travel)
€250/€400/€600 flight compensation
Refund for lost holiday days
Meals, hotel during delay
Alternative arrangements if package disrupted
Refund or rebooking (cancellation)
Price reduction for diminished value

They are cumulative

EC261 compensation and Package Travel Directive claims are separate entitlements. You can pursue both. Receiving a refund from your tour operator for lost holiday days does not reduce your EC261 compensation from the airline, and vice versa. The only limitation is that you cannot claim the same specific expense from both parties. For example, you cannot claim hotel costs during a delay from both the airline and the tour operator.

Don't let them redirect you

Airlines sometimes tell package holiday passengers to "claim from your tour operator." Tour operators sometimes say "that's an airline issue." Neither should redirect you for matters within their own responsibility. If you encounter this, be clear about which claim you are making and under which regulation.

Flight disruption ruined your holiday?

You may be owed compensation from both the airline and your tour operator.

Package Holidays and EC261: Airline vs Tour Operator Claims | EU261 Claim | EC261 Claim