Package Holiday Flight Delayed? You're Still Owed Compensation
Booked a package holiday and your flight was delayed? You're still entitled to EU261 compensation. Learn how tour operator flight compensation works.
Package Holiday Flight Delayed? You're Still Owed Compensation
You've saved all year for your family holiday. You've booked the perfect package — flights, hotel, transfers, all wrapped up neatly by your favourite tour operator. Then the flight is delayed by 5 hours. Your first day of holiday? Gone.
Here's what your tour operator probably won't tell you: you're still entitled to up to €600 in flight compensation under EU261, completely independently of your package booking. And that's on top of any complaint you make to the tour operator.
The Big Misconception About Package Holiday Flights
The most common myth about package holiday flight delays is this: "Because I booked through a tour operator, I can only complain to them — not the airline."
This is false. EU Regulation 261/2004 applies to all passengers on qualifying flights, regardless of how the ticket was purchased. Whether you booked:
- A full package holiday through TUI, Jet2holidays, easyJet holidays, or any tour operator
- A "dynamic package" combining separately selected flights and hotels
- A flight-inclusive deal through a travel agent
...your EU261 rights are identical to someone who booked a flight-only ticket directly with the airline.
EU261 vs Package Travel Directive: Two Separate Rights
This is crucial to understand: you have two independent sets of rights when a package holiday flight is delayed.
Right 1: EU261 Compensation (Against the Airline)
EU Regulation 261/2004 gives you the right to financial compensation from the operating airline for delays of 3+ hours, cancellations, or denied boarding:
| Flight Distance | Compensation | |----------------|--------------| | Under 1,500 km | €250 | | 1,500–3,500 km | €400 | | Over 3,500 km | €600 |
This applies per passenger and is payable in cash. It's a flat-rate payment for the inconvenience — you don't need to prove financial loss.
Right 2: Package Travel Directive (Against the Tour Operator)
The EU Package Travel Directive (2015/2302) gives you additional rights against the tour operator for:
- Price reduction for any period of non-conformity (e.g., lost holiday days)
- Compensation for damages including non-material damages (loss of enjoyment)
- Assistance during the disruption
These rights are against the tour operator, not the airline, and are based on the impact on your overall holiday experience.
Can You Claim Both?
Yes — but with a caveat. You can pursue both EU261 compensation from the airline and Package Travel Directive remedies from the tour operator. However, courts have ruled that the same loss shouldn't be compensated twice. In practice:
- EU261 compensation is for the flight disruption itself
- Package Travel Directive claims are for the broader holiday impact
- If a court awards damages under both, the EU261 payment may be deducted from the package travel award (or vice versa)
The safest approach: always claim EU261 first (it's simpler, more predictable, and well-established), then consider a separate package travel complaint if the disruption significantly impacted your holiday.
Who Do You Claim Against? Airline vs Tour Operator
This causes enormous confusion. Here's the clear answer:
EU261 Compensation → Claim Against the Operating Airline
The airline that physically flew (or was supposed to fly) the plane owes you EU261 compensation. This is true even if:
- You never booked directly with the airline
- You don't know which airline operated the flight
- The tour operator says "it's not our responsibility"
- The airline says "contact your tour operator"
Neither party can redirect your claim to the other. Each has separate obligations.
How to Identify the Operating Airline
Check your travel documents for:
- The flight number — the two-letter code identifies the airline (e.g., FR = Ryanair, U2 = easyJet, BY = TUI Airways)
- Your boarding pass — lists the operating carrier
- The tour operator's documentation — should name the airline
Common airlines used by package holiday operators:
- TUI holidays → TUI Airways (BY), or partner airlines
- Jet2holidays → Jet2.com (LS)
- easyJet holidays → easyJet (U2)
- British Airways Holidays → British Airways (BA)
- Thomas Cook (successor brands) → various charter airlines
Common Package Holiday Delay Scenarios
Scenario 1: Charter Flight Delay to Mediterranean Resort
You booked a TUI package to Majorca. The outbound flight is delayed by 6 hours. You arrive at your hotel at 2 AM instead of 8 PM, losing an evening of your holiday.
Your rights:
- EU261 compensation: €250 per passenger (short-haul, 3+ hour delay)
- Tour operator claim: potential price reduction for lost holiday time (evening/night)
- Family of 4: €1,000 in EU261 compensation alone
Scenario 2: Cancellation with Late Rebooking
Your Jet2holidays flight to Crete is cancelled 3 days before departure. You're rebooked but arrive 8 hours later than originally planned.
Your rights:
- EU261 compensation: €400 per passenger (medium-haul, significant delay)
- Full refund option: you could have rejected the rebooking and demanded a full package refund
- Tour operator: compensation for disrupted first day of holiday
Scenario 3: Outbound Delay Causing Missed Transfer/Excursion
Your flight to Tenerife is delayed by 4 hours, causing you to miss a pre-booked excursion on arrival day.
Your rights:
- EU261 compensation: €250 per passenger
- Tour operator: reimbursement for the missed excursion (if they arranged it)
- Family of 4: €1,000 EU261 + excursion refund
Scenario 4: Return Flight Delay
Your return flight from Turkey is delayed by 5 hours. You sit at the airport instead of enjoying your last day.
Your rights:
- EU261 compensation: €400 per passenger (medium-haul)
- Tour operator: may owe price reduction for lost holiday time
- Note: return flight delays are equally compensable — many passengers forget to claim for these
The Tour Operator Defence: "It's the Airline's Fault"
When you complain to your tour operator about a flight delay, the most common response is: "The flight was operated by [airline], so you'll need to contact them directly for compensation."
This is partially correct — for EU261 compensation, you do claim against the airline. But it's also misleading, because:
- The tour operator has their own obligations under the Package Travel Directive
- The tour operator should be assisting you during the disruption, not deflecting
- Some tour operators are also the airline (e.g., TUI operates TUI Airways) — making the "contact the airline" response particularly disingenuous
How to Claim Package Holiday Flight Compensation
Step 1: Claim EU261 Compensation from the Airline
This is your most straightforward and valuable claim. Submit your flight details to FlightOwed →
We'll:
- Identify the operating airline
- Verify the delay using flight data
- Calculate your compensation per passenger
- Handle the entire claim process
Step 2: Document the Holiday Impact
For your tour operator complaint, gather evidence of how the delay affected your holiday:
- Lost holiday time (hours/days)
- Missed excursions or activities
- Additional expenses (meals, transport not provided)
- Photographs of conditions (airport delays, late-night arrivals)
- Written communication from the tour operator during the disruption
Step 3: Complain to the Tour Operator
Write to your tour operator separately, requesting:
- Price reduction for the lost portion of your holiday
- Reimbursement of any additional expenses
- Compensation for loss of enjoyment
Reference the Package Travel Regulations and be specific about the financial impact.
Step 4: Escalate If Necessary
If the tour operator refuses or offers inadequate compensation:
- Use ABTA arbitration (for ABTA members in the UK)
- File with your national consumer protection authority
- Consider small claims court
Special Situations
All-Inclusive Packages
All-inclusive holidays amplify the impact of delays. Every hour of delay is an hour of all-inclusive benefits (meals, drinks, activities) that you've paid for but couldn't use. This strengthens your Package Travel Directive claim for a price reduction.
Multi-Destination Packages
If your package includes multiple destinations with connecting flights, a delay on any leg that causes you to miss subsequent arrangements (hotel nights, transfers, excursions) creates additional Package Travel Directive claims. Your EU261 compensation is based on the delayed flight segment.
Flights Arriving at a Different Airport
Sometimes airlines divert or reroute to a different airport than originally planned. If this happens on a package holiday, the tour operator must arrange transport to your original destination, and the airline may owe both EU261 compensation and transport costs.
ATOL, ABTA, and Your Financial Protection
In the UK, package holidays come with financial protection through ATOL (Air Travel Organiser's Licence) and/or ABTA. These schemes protect your money if the tour operator goes bust — but they do not replace your EU261 flight compensation rights. ATOL and ABTA are about financial protection, not delay compensation.
Frequently Asked Questions
My tour operator says EU261 doesn't apply to charter flights. Is that true?
No. EU261 applies to all flights departing from EU/EEA/UK airports, and to flights arriving in the EU/EEA/UK on EU/EEA/UK carriers. Charter flights are fully covered. This is a common and incorrect claim by some tour operators.
Can I claim for my children too?
Yes. Every passenger is individually entitled to EU261 compensation, including children and infants (provided they had their own seat/ticket). A family of four means four separate compensation payments.
The delay was on my return flight. Can I still claim?
Absolutely. Return flight delays are just as compensable as outbound delays. Many passengers only think about outbound disruptions, but return delays are equally valid — and often longer.
My package holiday was years ago. Is it too late?
Not necessarily. Depending on the jurisdiction, you may have 2–6 years to claim retroactively. Check your specific situation.
Don't Let Your Tour Operator Keep Your Compensation
Package holiday operators bank on passengers not knowing their rights. The tour operator complaint process is one channel — but EU261 compensation from the airline is a separate, often more valuable, entitlement.
Check your package holiday flight now →
3 minutes. Zero upfront cost. FlightOwed handles everything — from identifying the airline to collecting your compensation.
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