Package holiday: flight delayed or cancelled, EU261 and the Package Travel Directive

If your flight was part of a package holiday, you have two separate sets of rights that exist side by side: EU261 against the airline for the flight, and the Package Travel Directive against the tour operator for the package. You can claim EU261 compensation directly from the airline even though you had no contract with it. You cannot be paid twice for the same loss.

Last updated: 5 October 2026.

EU261 applies to flights within a package

Recital 5 of Regulation (EC) No 261/2004 says the protection should apply to scheduled and non-scheduled flights, "including those forming part of package tours". Article 3(6) confirms that the Regulation does not affect passengers' rights under the package travel rules. It also says the Regulation does not apply where a package tour is cancelled for reasons other than cancellation of the flight, for example a hotel cancellation.

The European Commission's guidelines add that travellers therefore have, in principle, rights against both the package organiser (under Directive (EU) 2015/2302) and the operating airline (under EU261).

Claiming from the airline without a contract

A traveller can seek EU261 compensation directly from the airline for a flight delayed by three hours or more, or cancelled, even if there is no contract between the traveller and that airline and the flight is part of a package (Case C-215/18, Primera Air Scandinavia). The Commission also notes that under EU jurisdiction rules, a passenger can bring an action for compensation against the operating airline in such a case.

The Regulation puts the obligation on the operating airline, the one that actually flew the plane, not on whoever sold the ticket (Article 3(5)). If the tour operator and the airline overlap in what they owe you, that is for them to sort out between themselves, under their contract and national law. Article 13 of the Regulation preserves the airline's right to seek reimbursement from the tour operator. The Commission stresses that such arrangements must not make it harder for you to claim from either of them.

Refund of the flight price: operator first

For the refund of the ticket price, the position is different. Under Article 8(2) of the Regulation, if you can hold the organiser liable for reimbursement of the cost of your air ticket under the Package Travel Directive, you can no longer claim that refund from the airline under EU261. The Court confirmed this even where the organiser cannot pay and has not secured reimbursement (Case C-163/18, Aegean Airlines). In other words, passengers entitled to seek reimbursement from their travel organiser under the Directive cannot also seek it from the airline under EU261.

No double payment

Article 14(5) of the Package Travel Directive says that compensation or price reduction granted under the passenger rights regulations and under that Directive must be deducted from each other, to avoid over-compensation. The Commission also explains that "further compensation" under Article 12 of EU261 can include compensation from a tour operator based on a price reduction under national law (Case C-153/19, DER Touristik).

Summary table

What you wantWho you claim from
EU261 compensation for the delayed or cancelled flight (250, 400 or 600 euros)The operating airline, directly
Refund of the flight cost when the flight is cancelledThe tour operator, under the Package Travel Directive
Price reduction or damages for the lost part of the holidayThe tour operator, under the Package Travel Directive and national law
Care (meals, hotel) during the delay or after cancellationThe operating airline under EU261. The tour operator's duties under the Directive are separate.

Practical steps

  1. Keep your package booking confirmation and your flight details. Find the name of the operating airline on your boarding pass or flight itinerary.
  2. Claim EU261 compensation from the operating airline, not from the tour operator or the booking website. See who to claim from and booking through a travel agency.
  3. Raise any package-level loss separately with the tour operator, such as a lost hotel night or a shortened stay.
  4. Mention both claims, so each party can take into account what the other paid.

Frequently asked

I booked flight and hotel together through a tour operator. Can I claim from the airline?

Yes, for the EU261 compensation. The Court has confirmed you can claim directly from the operating airline even without a contract with it.

The tour operator offered me a discount for the delay. Does that affect my EU261 claim?

It can. Compensation or price reduction granted under the Directive and under EU261 must be deducted from each other so that you are not paid twice for the same thing.

My package was cancelled because of the hotel, not the flight. Is EU261 relevant?

No. The Regulation does not apply where a package tour is cancelled for reasons other than cancellation of the flight. Your rights are under the Package Travel Directive.

Sources

This guide is general information based on the sources above, not legal advice. Rights under the Package Travel Directive depend on national law.

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