An online holiday offer that turns out to be something else is usually a legal problem, not just bad luck. Dutch and European law sets out how travel must be sold, what the advertised price must include, and what happens if the trip is cancelled or the provider fails – and your rights differ sharply depending on exactly what you booked.
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).
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 be affiliated with an insolvency guarantee scheme, commonly arranged through a travel guarantee fund. 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, within defined limits and for specified cost categories such as fuel or exchange rates. A substantial increase gives you the right to withdraw and get your money back.
What can you do if the trip is not what was promised?
Complain on the spot and in writing, and 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 illustrative example: a traveller books a “beachfront” package through an online platform and arrives to find the hotel several streets from the sea, with no sea view as advertised. If the description was materially misleading, this supports a price reduction claim against the organiser, provided the traveller complained promptly and kept the original listing as evidence.
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 depending on the circumstances and the length of the delay.
How do you book more safely?
Before you pay, check who the counterparty actually is and where it is established, whether the price shown is genuinely the final price, and whether the booking is a package with insolvency protection. Pay in a way that leaves a route back: a card payment can often be reversed through your bank or card issuer, while a direct bank transfer usually cannot.
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.
- The price shown must be the real total price; hidden fees and fake discounts are unfair commercial practices the ACM can act against.
- Complain promptly and in writing, and keep your evidence, to preserve your claim for a price reduction or compensation.
- Flight delays and cancellations are covered by separate EU rules on air passenger rights, 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 simply refuse a refund and offer a voucher instead?
A voucher can only replace a refund if you agree to it. You are entitled to insist on repayment in money within the applicable timeframe.
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