If you booked a package (two or more travel services in one booking) and the trip is not what was promised, you can claim a price reduction and compensation from the organiser, and you are protected if it goes bankrupt. If you booked a flight and a hotel separately, those protections largely fall away and you deal with each supplier under its own contract.
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Did you book a package, or separate services?
The question that decides most cases is whether you bought a package: a combination of at least two different travel services – transport, accommodation, car hire, or another significant tourist service – sold for a single price or through a single booking process. Book a flight and a hotel separately with two different suppliers and you have two contracts; book them together in one checkout and you may have a package, whatever the seller calls it.
This is the EU Package Travel Directive (2015/2302), implemented in the Netherlands in Book 7, Title 7A of the Dutch Civil Code (Burgerlijk Wetboek, BW), Articles 7:500 to 7:513d.
Why does the package label matter so much?
A package brings the strongest protection. The organiser is liable for the proper performance of the whole trip, including parts carried out by other suppliers on its behalf. You are entitled to a price reduction and, where relevant, compensation when services fall short, and you can withdraw without penalty if an essential element of the trip changes significantly before departure.
What happens if the organiser goes bankrupt?
Package organisers established in the Netherlands must provide security for refunds in case of insolvency (Article 7:513a BW, Article 17 of the Directive), usually through a guarantee fund such as the Stichting Garantiefonds Reisgelden (SGR). If the organiser fails, the fund covers repatriation and reimbursement. This protection exists only for packages – a flight or hotel room booked separately, directly with the airline or hotel, does not carry the same safety net.
What must the price you see actually include?
Prices shown to consumers must be the total price, including taxes and any charges that are unavoidable and foreseeable at the time of booking. Adding compulsory fees only at the final step of the checkout, presenting a paid option as already selected, or advertising a discount from a price that was never genuinely charged are unfair commercial practices. The Authority for Consumers and Markets (ACM) is the Dutch regulator that can act against providers who do this.
After booking, a package price may only be increased where the contract expressly allows it, for specified cost categories such as fuel, taxes or exchange rates. An increase of more than 8% of the total price gives you the right to terminate the contract without a fee (Article 10 of the Directive), and the organiser must then refund you within 14 days.
What can you do if the trip is not what was promised?
Complain on the spot and in writing: the Directive requires you to inform the organiser without undue delay (Article 13(2)). Give the organiser a reasonable opportunity to put things right; failing to do so can reduce what you can claim afterwards. Keep the booking confirmation, the description shown when you booked, photographs, and all correspondence. Where the trip was materially worse than what was promised, a price reduction is the usual remedy, with compensation for loss of enjoyment available in addition where the shortfall was serious.
An example to illustrate: a package sold as a “beachfront” hotel turns out to be several streets from the sea. If the description was materially misleading, that supports a claim for a price reduction, provided the traveller complained promptly and kept the original listing as evidence. Under Article 14(6) of the Directive, the limitation period for such claims may not be shorter than two years.
What if your flight itself is delayed or cancelled?
Flight delays and cancellations sit outside the package rules and are governed separately by the EU regulation on air passenger rights (Regulation (EC) 261/2004), which can entitle you to care, rerouting, or fixed compensation of €250 to €600 depending on the flight distance and the length of the delay. In the Netherlands, the Human Environment and Transport Inspectorate (ILT) handles complaints under that regulation.
What should you check as a traveller?
Most of your protection depends on choices made before you pay.
- Who is the counterparty, and where is it established?
- Is it a package, with one price or one booking process for two or more travel services?
- Is the organiser covered by insolvency protection such as the SGR?
- Is the price shown the final price, including all unavoidable charges?
- Do you pay by card, which can often be reversed through your card issuer, rather than by bank transfer?
What should you check as a travel organiser or platform?
Under Title 7A BW the organiser carries liability for the whole package.
- Does your booking flow create a package or a linked travel arrangement, and do you inform the traveller accordingly?
- Do you have insolvency security in place for every package you sell?
- Does your contract contain a valid price-revision clause, with the 8% limit in mind?
- Do you show the total price from the first step, without pre-ticked paid options?
- Can you refund within 14 days after a valid termination?
What can we do for you with an online holiday booking?
Our civil lawyers assist travellers and travel businesses under Dutch package travel law.
- We assess whether your booking is a package and which protections apply.
- We draft the written complaint and the claim for a price reduction or compensation.
- We claim a refund or reject a voucher you did not agree to.
- We review the booking flow, terms and price clauses of travel organisers and platforms.
- We bring the claim before the subdistrict court (kantonrechter) or a disputes committee.
Summary
- Whether you booked a package or separate services determines almost everything that follows, including insolvency protection.
- Package organisers are liable for the whole trip and must provide security against their own insolvency (Article 7:513a BW).
- The price shown must be the real total price; a later increase above 8% lets you cancel with a refund within 14 days.
- Complain without undue delay and in writing, and keep your evidence, to preserve your claim.
- Flight delays and cancellations are covered by Regulation (EC) 261/2004, not the package regime.
Frequently asked questions
Is a flight-plus-hotel deal from a comparison website automatically a package?
Not automatically. It depends on how the booking process works, not on how the website markets itself. If you pay one total price in a single booking flow for two or more travel services, it is likely a package; if you are redirected to book each service separately with a different provider, it may not be.
Can the organiser refuse a refund and offer a voucher instead?
A voucher can only replace a refund if you agree to it. After a valid termination, the organiser must repay you in money within 14 days.
How long do I have to claim a price reduction?
Complain during the trip without undue delay. The Package Travel Directive requires a limitation period of at least two years for claims for a price reduction or compensation; do not wait that long, as evidence gets lost.
