Package holidays and linked travel arrangements

Introduction

Travel organisers must give you information about the type of holiday you are buying. Travel organisers can be a tour operator or an offline travel agency.

Your travel organiser must tell you up front if you are buying a package holiday or a linked travel arrangement – explained below. To check what type of holiday you have booked, read the information you got before you booked or call your travel organiser.

Since 2019, you have new and improved rights and flexibility when you book a package holiday or book using linked travel arrangements. These rights and flexibility are due to the increasing use of internet booking.

The rights you have differ depending on whether you:

  • Booked a package holiday (ready-made or a customised package) or
  • Used linked travel arrangements (LTAs), where you have fewer rights

Here we explain the difference and what this means for you as you plan your holiday.

We tell you about your rights and protections for both booking options. In particular, we tell you about your improved cancellation rights, and where you can complain if you need to. We will also tell you where you can get further information.

COVID-19 and travel disruptions

If COVID-19 has disrupted your travel plans and you want to learn what your rights are, please read our page on Travel plans and COVID-19.

If you are planning a holiday abroad, please follow the advice of the Department of Foreign Affairs and Trade.

Types of packaged holidays

Package holidays can be ready-made or customised packages. A package holiday is sold at a total or inclusive price, must last for more than 24 hours, or include an overnight stay. It does not matter if you are asked to pay separately for different parts of the package (such as, the flight or transport), your holiday is still a ‘package holiday’.

Ready-made package holidays

Ready-made packaged holidays have at least two of the following included:

  • Transport - like flights, a cruise, train or coach journeys
  • Accommodation
  • Other tourist services – for example tours, excursions, guides or tickets for concerts or theme parks
  • Car rental

Customised packages

Customised packages (sometimes called dynamic packages) is where you choose the different parts of your holiday – therefore, it is not a ready-made holiday. You buy the customised package online through a website, or offline from a travel agent or call centre. All the parts you buy must relate to the same trip or holiday.

A customised package must include either:

  • A single contract for all services

or

  • Separate contracts with different travel service providers, where:
    • All of the contracts are bought from a single point of sale
    • All services are selected before you agree to pay
    • There is a total or inclusive price

Example of protections when you have a customised package: Maria booked a flight to France directly on the website of an airline. When booking, she was offered accommodation at a hotel. She chose to book both the flight and the hotel. The airline’s website charged a total price for all travel services, so this created a customised travel package holiday. Unfortunately, when Maria got to the hotel it was being done up and there were no rooms available. Maria has rights under package travel legislation. She can ask and get the airline to help her get accommodation at the same or a higher standard.

Linked travel arrangements

Linked travel arrangements (LTAs) are not considered a packaged holiday and different rules apply - see ‘Rules for your travel contract and your rights’ below. In fact, you have fewer rights with LTAs.

With an LTA, you buy two or more travel services from different companies under separate contracts but which are linked. For example, you book a flight on a website and you are then invited, through a targeted link, to book a hotel on a different website.

You make a linked travel arrangement if you:

  1. Book and complete buying one travel service on one website
  2. Are invited, through a targeted link, to ‘click through’ and to book a second service on another website
  3. Conclude the second contract on the second website within 24 hours of the first booking

When the second booking is made:

  • You must be told you are not booking a package and, therefore, you can claim insolvency protection only (protection that will cover you if your travel organiser goes out of business)
  • The second company must tell the first company that you have finished booking the second service
Example of protections when you have an LTA: Patrick books a flight to Helsinki directly with an airline (service 1). Shortly after receiving an email to confirm his flight, he gets an email with a targeted offer of a hotel in Helsinki. Patrick uses the link to book the hotel (service 2), and he does this within 24 hours after getting the email to confirm his flight booking. Unfortunately, when in Helsinki, Patrick learns that the travel organiser for his flight has gone bankrupt. Patrick has rights under travel legislation to cover the cost of his flight home (service 1). These are covered under the airline’s insolvency protection. But, the airline will not help Patrick if he has any issue with accommodation (service 2), as this is not a package holiday.

Rules for your travel contract and your rights

Here we tell you about the rules for your travel contract, including your rights when the contract is changed or you want to cancel it. You must receive a copy of the travel contract.

The legal basis for your rights

The EU Directive 2015/2302 on Package Travel and Linked Travel Arrangements introduced consumer rights for additional types of travel arrangements taking into account the increasing use of internet booking. In Ireland, SI 80 of 2019 (pdf) put the EU Directive into national law and amended the previous legislation - the Package Holidays and Travel Trade Act 1995.

Information you must receive before you book

The travel organiser must give you all of the essential information about the holiday before you agree to the contract. You must be told about:

  • The travel product you are buying (that is, whether it is a package or linked travel arrangement) and the level of insolvency protection associated with it
  • Where you are going and for how long
  • The costs involved for the holiday itself and payment schedule (if this applies), as well as any tax or compulsory charges
  • The mode of transport – this detail includes times, dates and places of departure and return
  • Where and what your accommodation is (for example, hotel, guesthouse), and how it complies with the law of the EU Member State in question
  • The meal plan, if any
  • Cancellation details (for example, where a minimum take up is needed for a package holiday to come into being in the first place)
  • Itinerary of any excursions included such as golf outings
  • Contact details of the travel organiser or, if appropriate, the insurer
  • Any special or exceptional requirements, which you asked for and you and other parties to the contract have accepted
  • The complaints procedure to follow if the travel organiser does not carry out their part of the contract
  • Passport and any visa requirements
  • Health requirements (that is, if you have to have any special vaccinations or health advice)
  • Special arrangements for bringing you home (repatriation) if there are any unexpected events
  • How any payments will be refunded if the travel organiser becomes bankrupt
  • Whether insurance is compulsory as part of your package holiday and if so, the minimum level of cover needed

Tip: Remember that you cannot be forced to take out the travel organiser's insurance. Where insurance is optional, your travel organiser must give you information to help you to decide whether to insure or not, if they have such information.

Changes to the contract

You have the right to cancel if the travel organiser changes the contract and the following applies:

  • The changes were without your agreement
  • The changes significantly change any of the main characteristics of the travel service - for example, if the travel organiser changed the agreed hotel

Booking errors

If something goes wrong with the package, the travel organiser is responsible for putting things right. Travel organiser is also responsible for booking errors for packages and linked travel arrangements.

Cancellation rights

You may cancel your booking at any time before travelling, although you should try to give reasonable notice. However, you may have to pay a cancellation fee.

You have the right to cancel your booking for free, before the start of the package, if there are unavoidable and extraordinary (sometimes called exceptional) circumstances. Examples include:

  • A natural disaster like a flood or earthquake
  • War or terrorism
  • A serious disease

The organiser is also responsible for covering the costs for bringing you home (repatriation) and any possible extra costs. You can read more details about ‘your cancellation rights’ below.

Cap (limit) on price increases

The price you pay for your trip can only increase if the contract directly allows for this. If the price increases by more than 8%, you have the right to cancel without paying a charge.

Tip: There are no price changes allowed within 20 days of the departure date.

Right to transfer your contract

You can transfer your holiday to another person as long as you give the travel organiser reasonable written notice (at least seven days) before the start of the package. You and the person you transfer the package holiday to are responsible for paying the balance of money due to the travel organiser. You are also responsible for any other costs the organiser has to pay to carry out the transfer.

Rights if something goes wrong while on your holiday

If something goes wrong with your holiday, the travel organiser is responsible for putting the problem right. If significant parts of the holiday are not as agreed, you should be offered suitable alternative arrangements. For example, if the accommodation you agreed on and booked is no longer available, you should be offered an alternative that is of the same quality.

If the travel organiser does not provide solutions (also known as remedies) within a reasonable period, they should refund you for any necessary expenses you have had to pay. You are also entitled to a price reduction or, if you prefer, to end the contract. You may be entitled to compensation for inconvenience.

Right to help if in difficulty

The travel organiser must give appropriate help if you are in difficulty. This includes:

  • Giving you information about healthcare, local authorities, consular assistance (for example if you have had a serious accident)
  • Helping with communications, for example helping you make long distance calls or other forms of contact so you can find other travel arrangements

Rights for linked travel arrangements

A linked travel arrangement (LTA) is not considered a travel package, and your rights are limited if travelling using these arrangements. You are only protected if the provider of the first service goes out of business. In this case, you are entitled to your money back and the cost of bringing you home if necessary (repatriation). This is sometimes called insolvency protection.

When you make the second booking under an LTA, you must be told that:

  • You are not booking a package
  • Your rights are limited to claiming insolvency protection

For more information, you can read the European Commission's page on the Package Travel Directive.

Cancellation rights

If you want to cancel the holiday

You can cancel your booking at any time before travelling, although you should try to give reasonable notice. However, you may have to pay a cancellation fee.

You have the right to cancel your booking for free before the start of the package, in the event of unavoidable and extraordinary circumstances. Examples include:

  • A natural disaster like a flood or earthquake
  • War or terrorism
  • A serious disease

The organiser is also responsible for covering the costs of bringing you home (repatriation) and any possible extra costs.

If the travel organiser cancels the holiday

If the travel organiser cancels the package holiday or changes a term of the contract, including the price or type of accommodation, they must give you the option of one of the following:

  • A replacement holiday of the same or better quality
  • A lower grade holiday, with a refund of the difference in price
  • A full refund within 14 days

The travel organiser has the right to cancel the package due to factors out of their control. Examples include an act of God, or where they didn’t get the number of people they needed for the package holiday.

Insolvency protection

The Commission for Aviation Regulation licenses travel agents and tour operators (‘travel organisers’) in Ireland.

Your travel organiser must provide a financial guarantee (also known as insolvency protection). If your travel organiser goes out of business, this guarantee covers refunds you are due and costs of bringing you home if necessary (repatriation).

You can check that your travel organiser is licensed on the website of the Commission for Aviation Regulation.

How to make a complaint

If you need to make a complaint, read your contract to see how to do this. It will explain who you should complain to – and how (that is, in writing or another way).

Making a complaint while you are away

If you have a complaint while on your trip away, you should report the problem at once to your local holiday representative or travel organiser in the area.

The organiser must compensate you for any shortfalls in the service it provides – between what was originally promised or advertised and what was actually provided.

You should give the travel organiser the chance to put things right. The solution they suggest should be at no extra cost to you.

If you are not satisfied that the problem has been resolved, you should gather as much evidence as possible to support your case while you are away, including taking photographs or video footage (if you can).

Making a complaint when you get home

If you are not satisfied that the complaint has been dealt with properly when you return from the holiday, you must complain in writing to the travel organiser. You must do this within 28 days from the end of the holiday.

If the travel organiser does not respond within a reasonable time, you should send a second letter of complaint. If you are still not happy with your travel organiser's response, then you have the following options:

  • Get advice from the Competition and Consumer Protection Commission (CCPC) for complaints about travel organisers based in Ireland. The CCPC has specific powers to oversee the enforcement of Irish law covering package holidays and to identify legal breaches (that is, misleading advertising and or inaccurate brochures). The CCPC cannot bring proceedings on your behalf.
  • Get advice from European Consumer Centre (ECC) Ireland for complaints about travel organisers based outside Ireland but in the EU/EEA (EEA is the European Economic Area). In some cases, ECC Ireland may liaise on your behalf to find a good working solution with the travel organiser through the centre based in the country of the organiser.

If the organiser refuses to offer any compensation, you can use:

Where to get further information

You can more information on package holidays and LTA’s on the European Commission's page on the Package Travel Directive.

If you have a question about this topic, you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm).

You can also contact your local Citizens Information Centre or Request a call back from an information officer.

Related documents

  • Consumer rights in the EU

    When buying products or services from a trader based in the EU/EEA, you have strong protections under consumer law. Find out more about these rights and what to do if things go wrong.

  • Travel plans and COVID-19

    If your travel plans been disrupted by the COVID-19 pandemic, this document describes your rights.

  • Tickets and events

    Find out about your rights when you buy tickets for events such as concerts or matches including when an event is postponed or cancelled.

Commission for Aviation Regulation

3rd Floor
Alexandra House
Earlsfort Terrace
Dublin 2
D02 W773
Ireland

Tel: (01) 661 1700
Locall: 1890 787 787
Fax: (01) 661 1269

Further consumer information about package holidays and your rights is available from:

ECC Ireland

Macro Centre
1 Green Street
Dublin 7
D07 X6NR
Ireland

Tel: (01) 879 7620
Fax: (01) 873 4328

Competition and Consumer Protection Commission

Bloom House
Railway Street
Dublin 1
D01 C576

Opening Hours: - Lines open Monday - Friday 9am - 6pm
Tel: (01) 402 5555 or 402 5500
Locall: 1890 432 432
Page edited: 26 August 2020