Tourism law
Focus area

Package travel and organiser

How to classify package travel and understand the roles of organisers, intermediaries and travellers.

BRANDAUER Rechtsanwälte
Ansprechperson

Mag. Bernhard Brandauer, Rechtsanwalt

BRANDAUER Rechtsanwälte

Orientation for tourism businesses, guests and contracting parties in Austria.

Whether the booking combines transport and accommodation, a tour with transfers or an individually assembled arrangement, the way the booking is made can determine whether it is package travel. The Austrian Package Travel Act, or PRG, provides specific information, remedy and liability rules. Organisers and intermediaries must distinguish their roles and keep the booking process understandable.

The classification matters when a service fails, a price is changed or a business assembles travel offers for customers. Linked travel arrangements may also be treated differently from a package travel contract.

Mag. Bernhard Brandauer, Rechtsanwalt

First classification

What type of travel booking was actually made?

Use the booking confirmation, website and correspondence when answering. The result is an initial orientation and not a substitute for reviewing the contract.

01 Frage 1

Were at least two different travel services combined for the same trip?

Typical travel services include transport, accommodation, car rental and other tourist services that are not merely ancillary.

Ergebnis

Ihre Orientierung

01

Package travel is a strong possibility.

Keep the advertisement, booking confirmation, travel conditions and payment trail. The next step is to identify who acted as organiser and which services were promised.

Open the package travel check →
02

Linked travel arrangements may be involved.

Check the notices shown during the first booking and the timing of the later bookings. Each provider may be responsible for its own service rather than for the trip as a whole.

Read about travel intermediaries →
03

The individual travel contract is central.

Keep the confirmation and service description. The provider, promised service and any deviation determine the next assessment.

Read about the organiser’s role →
04

The booking documents should be organised first.

Create a short timeline from the first offer to payment. Screenshots, emails, invoices and the names of the businesses involved help clarify the roles.

Organise documents in the check →
The key distinctions

Package travel, individual contract or linked arrangement

The legal consequences depend on how the services were offered and booked.

Package travel, individual contract or linked arrangement
Package travel Individual contract Linked arrangements
At least two different travel services presented as one trip One service or separate individual contracts A further service is offered in connection with an initial booking
The organiser is responsible for the agreed package services The relevant service provider is the contractual partner Each provider is generally responsible for its own service
Special PRG information, remedy and liability rules Contract law and any specific transport or consumer rules Information on the absence of package-travel rights and on each provider

The label used in an offer is not decisive on its own. The actual booking process matters.

When the Package Travel Act applies

The PRG focuses on the combination of travel services for the same journey or holiday. Typical services include transport, accommodation, car rental and other tourist services that are not merely ancillary to another service. The offer, booking interface, payment flow and confirmation must be considered together.

Package travel may exist even where different businesses perform the individual services. The travel organiser is not automatically the hotel operator or transfer company. The relevant question is who offers, arranges or presents the trip as a connected package and who appears as the organiser in the contract.

Linked travel arrangements must be distinguished from package travel. In that situation, further services are arranged in connection with an initial booking without creating the same overall responsibility as a package travel contract. The notices shown during booking are therefore important and must reflect the actual contract structure.

  • Record the booking time and the sequence of the individual services
  • Compare the total price, individual prices and payment recipients
  • Keep the advertising, booking confirmation and travel conditions together
  • Distinguish organiser, intermediary and service provider

Information duties before the booking

Before a package travel contract is concluded, the traveller must receive essential information. This includes the main characteristics of the services, the organiser’s identity and contact details, the total price including foreseeable charges and relevant passport, visa and health requirements. The information should allow a decision on a reliable basis.

Offer details may become important elements of the contract. If a specific room category, transfer, location or schedule is promised, the booking confirmation should reflect it. Contradictory descriptions make it harder to determine whether a contractual non-conformity exists.

Price changes also require a legal basis. An adjustment is not automatically permitted merely because procurement costs have changed. The contractual clause, statutory requirements and notice to the traveller must be examined. The assessment should start with the actual contract, not with a general price announcement.

  • Save the description of location, period, category and scope of service
  • Check the total price and foreseeable surcharges before payment
  • Keep the travel conditions and notices on withdrawal or changes
  • Make sure all travellers receive the relevant documents

The organiser’s responsibility during the trip

Under section 11 PRG, the organiser is responsible for the travel services agreed in the package travel contract. This remains so where a hotel, transport company or local partner performs the service. Practical performance may be outsourced, but responsibility for the promised package service does not simply disappear.

A non-conformity should be reported as soon as reasonably possible during the trip. Under the conditions in section 13 PRG, a notice may also be given to the intermediary through whom the package contract was concluded. The content, time and response should be recorded. Photos, messages and contact names can be as important as the invoice.

The organiser must generally remedy a non-conformity unless this is impossible or disproportionate. A replacement need not always be identical, but it must be assessed against the promised service. If adequate remedy is not offered or a serious non-conformity cannot be remedied, price reduction, damages or termination may become relevant.

  • Describe the problem specifically rather than expressing only general dissatisfaction
  • Request a remedy and allow an appropriate opportunity where the situation permits
  • Support additional costs with a clear explanation and receipts
  • Record the reason, communication and transport when returning early

Distinguishing organiser and intermediary

A travel intermediary arranges a contract between the traveller and the organiser or another service provider. A travel organiser combines services and assumes responsibility for the package as a contractual party. A business may perform different roles depending on the offer and booking process. Its company name alone does not answer the question.

For travellers, the role can be assessed from the confirmation, travel conditions and pre-contract information. Businesses must also ensure that their website, invoices, email signatures and customer communications reflect the actual role. Anyone presenting itself as the organiser should document that role with particular care.

Section 13 PRG addresses complaints sent to an intermediary. The intermediary must forward the message to the organiser without undue delay, and in certain circumstances receipt by the intermediary counts as receipt by the organiser. It is still sensible to contact the organiser directly where the details are available. Further terms are explained in the travel intermediary glossary entry.

  • Identify the contractual partner and payment recipient from the confirmation
  • Preserve the website imprint and the information shown during booking
  • Send complaints to the correct contact and, where possible, also to the organiser
  • Set out internal roles, authority and communication paths in business procedures

Possible claims for defective travel services

A defective package trip can give rise to different consequences depending on the facts. A price reduction concerns the period and extent of the non-conformity. Damages require an additional loss and the other statutory requirements. Serious interference with the trip may also raise compensation for loss of enjoyment.

The amount cannot be taken reliably from a general table. Duration, importance of the service, available alternatives and the actual effect on the trip matter. A claim should therefore set out the booked service, the deviation and the organiser’s response in chronological order.

Additional rules may apply where the loss involves transport, personal injury, baggage or conduct at the destination. The PRG may then have to be considered alongside other statutes or international conventions. Separating the legal bases prevents an undifferentiated claim from creating false expectations.

Documents for travellers and organisers

A legal assessment starts with the complete booking record. Travellers should keep the offer, booking interface, confirmation, invoice, payment records, travel conditions, messages and photographs. In a complaint, reports, witness details, medical records and receipts for additional expenses may also matter.

Organisers should store offers and booking documents so that the essential information can later be reconstructed. This includes changes, rebookings, price calculations, notices on linked arrangements and communications with service providers. Clear records help with complaints and with allocating responsibilities internally.

The package travel check can help structure the first review of booking information. A reliable assessment still depends on the actual documents, particularly for cross-border travel, multiple providers or significant financial and health consequences.

  • Keep the booking confirmation and travel conditions in the received version
  • Collect communications with organiser, intermediary and service providers in order
  • Store photographs, reports and receipts with dates and context
  • Document responsibilities, approvals and information versions inside the business
Frequently asked questions

Questions about package travel and organisers

When is a trip package travel? +
Package travel may exist where at least two different travel services are combined for the same trip and offered or booked as a connected journey. The booking process, information and contract documents matter more than the label used in the offer.
Is the organiser liable for a hotel or transfer problem? +
For package travel, section 11 PRG generally makes the organiser responsible for the agreed travel services even where a hotel, transport company or another partner performs them. The claim depends on the non-conformity, notice and loss.
What should a traveller do first when a service is defective? +
Report the problem specifically as soon as reasonably possible and request a remedy. Preserve the booking documents, messages, photographs and receipts. Record the effects on the trip and any return transport where the deviation is serious.

Sources

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