Consumer Rights in International Tourist Contracts & Package Travel

Posted on Aug 4, 2025 in Law

Consumer Protection in International Tourist Contracts

This section outlines the protection afforded to consumers in tourist contracts with international elements, focusing on key EU regulations.

This regulation, dated 22 December 2000, concerns jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.
A consumer may initiate legal proceedings either in the courts of the EU country where the defendant is domiciled or in the courts for the place where the consumer (the plaintiff) is domiciled.
Proceedings may be brought against a consumer by the other party to the contract only in the courts of the EU country where the consumer is domiciled.

This regulation, dated 17 June 2008, addresses the law applicable to contractual obligations.
For consumer contracts between consumers and professionals, the applicable law is that of the consumer’s country of residence, provided this is also the country where the professional carries out or directs their activities.
The parties may also, based on freedom of choice, apply another law, provided it offers the same level of protection to the consumer as that of their country of residence.

This section defines key terms related to package travel and outlines the rights and obligations of tourists.

Article 151 of Royal Legislative Decree 1/2007 provides the following definitions for package travel:

a) Package: A prior combination of at least two of the following components when sold or offered for sale at an inclusive price, where the service covers a period exceeding 24 hours or includes an overnight stay. The components are: i) transport, ii) accommodation, iii) other tourist services not ancillary to transport or accommodation, and accounting for a significant proportion of the package.
b) Organizer: The natural or legal person who organizes packages, other than occasionally, and sells or offers them for sale, either directly or through a retailer.
c) Retailer: The natural or legal person who sells or offers for sale the package proposed by an organizer.
d) Principal Contractor: The natural or legal person who purchases or undertakes to purchase the package.
e) Beneficiary: The natural or legal person on behalf of whom the principal contractor undertakes to purchase the package.
f) Transferee: The natural person to whom the package is transferred by the principal contractor or other beneficiary.
g) Consumer or User: Any person to whom the status of principal contractor, beneficiary, or transferee is applicable.
h) Contract: The agreement linking the consumer to the organizer or retailer.

For the purposes of this Book, organizers and retailers are considered travel agencies in accordance with administrative regulations.

Tourists have specific rights at different stages of their package travel experience:

Before the Contract:
- Package trip program and proposal (Article 152).
- Binding nature of the program-proposal.
- Contract form and content (Article 154).
Before the Travel:
- Reservation transfer (Article 155).
- Additional information on the package trip (Article 156).
- Revision of prices (Article 157).
- Contract amendment (Article 158).
- Contract termination due to causes not attributable to the organizer or cancellation of the trip (Article 159).
- Contract termination by the consumer or user (Article 160).
After the Travel:
- Consequences of non-provision of services (Article 161): right to continue or return.
- Liability of organizers and retailers (Article 162).

Tourists also have certain obligations:

Pay the agreed price for the package.
The person transferring their package reservation and the transferee are jointly and severally liable to the retailer or organizer (Article 155.3).