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.
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).
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.
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.
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).
| What you want | Who 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 cancelled | The tour operator, under the Package Travel Directive |
| Price reduction or damages for the lost part of the holiday | The tour operator, under the Package Travel Directive and national law |
| Care (meals, hotel) during the delay or after cancellation | The operating airline under EU261. The tour operator's duties under the Directive are separate. |
Yes, for the EU261 compensation. The Court has confirmed you can claim directly from the operating airline even without a contract with it.
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.
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.
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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