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If you sell package holidays — such as pilgrimage or Hajj trips — strict rules apply. A package holiday combines at least two travel services (such as transport and accommodation) and is covered by statutory protection for travelers, including a mandatory guarantee against insolvency, an extensive duty to provide information, and liability for performance.
When is something considered a package holiday?
A package holiday exists when you combine at least two different travel services for a single trip, for example, transport and accommodation. In that case, the statutory rules for package holidays (Book 7 of the Dutch Civil Code) apply, which provide strong protection to the traveler. Pilgrimage trips such as the Hajj generally fall under this category.
Mandatory guarantee against insolvency
As a tour operator, you must arrange a guarantee that protects the traveler if you go bankrupt: the prepaid travel sum and the return journey must be covered, for example through affiliation with a guarantee fund. Travelers must not become the victims of your insolvency. The absence of this is a common and serious shortcoming.
Information obligation and standard information
You must clearly and fully inform the traveler in advance about the trip, the price, the conditions, and their rights, using the legally required standard information. Incomplete or incorrect information can be costly for you and grant the traveler additional rights.
Liability for performance
The tour operator is responsible for the proper execution of the entire package holiday, including components carried out by others. If something goes wrong, the traveler can hold you accountable for assistance, a suitable solution, or compensation. Good terms and agreements with your suppliers are therefore essential.
Frequently Asked Questions
Does my trip fall under the package travel rules?
If you combine at least two travel services (such as transport and accommodation) for one trip, generally yes. In that case, the protective rules for package holidays apply.
Do I need to arrange bankruptcy protection?
Yes. The travel fare and return journey must be covered, for example through a guarantee fund. This is mandatory.
Am I liable for parts performed by others?
Yes, as a tour operator, you are responsible for the proper execution of the entire package holiday.
Are your travel terms and conditions in order?
Our legal experts draft general terms and conditions for travel organizations and review your compliance. View our contract lawteam or schedule a free consultation.
