🏝️ Package holiday: withdrawal, defects, insolvency protection
In brief
A package holiday (Pauschalreise) is at least two different travel services for the same trip, for example flight and hotel. The tour operator is then liable for the whole trip.
- You can withdraw at any time before the trip starts. The operator may, however, demand reasonable compensation for this.
- If there are unavoidable, extraordinary circumstances at the destination, it cannot demand compensation.
- If there is a defect, report it immediately, ideally in writing. You can demand a remedy and a price reduction.
- If the tour operator becomes insolvent, your money is protected by an insolvency protection certificate (Sicherungsschein).
Step by step
- Report the defect immediatelyNotify the tour operator or tour guide of the defect without delay and set a deadline for a remedy.
- Collect evidenceTake photos, note the date and witnesses, collect receipts.
- Calculate the price reductionAfter the trip, demand a price reduction or damages in writing.
- Check the insolvency protection certificateWhen booking, check whether you have received an insolvency protection certificate.
Deadlines
- If you do not report a defect, you may lose claims to the extent that the operator could not remedy it as a result (§ 651o BGB).
- A package holiday can also arise if you book an additional service online from a linked provider within 24 hours (§ 651c BGB).
- Without an insolvency protection certificate, operators may not accept advance payments before the end of the trip (§ 651t BGB).
- The EU reform of the Package Travel Directive does not yet apply in Germany.
In depth · legal basis, figures and practice – for advisers and professionals
Definition and withdrawal
Under § 651a (2) BGB, a package holiday is a combination of at least two different types of travel services for the purpose of the same trip. Under § 651h BGB, the traveller can withdraw at any time before the trip starts; the operator loses its claim to the price but can demand reasonable compensation. This can be set as a lump sum in the contract (time until the trip starts, saved expenses, alternative use). In the case of unavoidable, extraordinary circumstances at the destination, it cannot demand compensation. The operator must refund the price within 14 days.
Changes, transfer
Price increases are permissible only where the contract contains a clause and for specified reasons (fuel, taxes and charges, exchange rates); notice no later than 20 days before the trip starts (§ 651f BGB). Significant contract changes: under § 651g BGB, an increase of more than 8 percent is not treated as unilaterally permissible. A third party can step into the contract; notice is in time if it is received no later than seven days before the trip starts (§ 651e BGB).
Defects
A travel defect exists if the trip does not have the agreed quality or is not suitable for the intended purpose, also in the case of unreasonable delay of services (§ 651i BGB). Rights: remedy, self-remedy with reimbursement of costs, termination, price reduction, damages. The price is reduced for the duration of the defect (§ 651m BGB). The defect must be notified without delay (§ 651o BGB). Claims under § 651i (3) become time-barred after two years (§ 651j BGB).
Insolvency protection
The operator must secure the travel price paid (§ 651r BGB), through a travel guarantee fund (Reisesicherungsfonds); insurance or credit institution guarantees only for smaller businesses (annual turnover under €10 million). For very small providers (turnover under €3 million), the insurer's liability may be limited to €1 million per insolvency case. Proof is the insolvency protection certificate; under § 651t BGB, the contact details of the guarantor must be clearly communicated.
Limitation of liability and offsetting
Under § 651p BGB, the operator can contractually limit its liability for non-bodily damage not caused through fault to three times the trip price. Benefits you receive under EU regulations (for example air passenger rights) are offset against damages claims.
Reform
Directive (EU) 2026/1024 (CELEX 32026L1024): transposition by 29 September 2028, application from 29 March 2029; retention of the 14-day refund period, vouchers remain voluntary, refund after operator insolvency within six months. Advance payment as a rule at most 25 percent, abolition of linked travel arrangements; directive text not checked in full. Until transposition, the applicable law remains the BGB.
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