ANSWER · UK 261 AND EC 261
Can I claim if my flight was part of a package holiday?
Yes. Art. 3(6) provides that the regulation does not affect passengers' rights under the package travel rules, and Art. 2(b) puts the Art. 7 obligation on the operating air carrier rather than on the tour operator. A package refund from the operator and compensation from the airline answer different things and can both be pursued.
REVIEWED AGAINST RULE SET V5 AND THE CITED PRIMARY SOURCES · UPDATED 7 AUGUST 2026
Who owes what
| CLAIM | AGAINST | BASIS |
|---|---|---|
| Fixed compensation of €250, €400 or €600 | The operating air carrier | Art. 7 with Art. 2(b) |
| Care during the wait | The operating air carrier | Art. 9 |
| Price reduction or package refund | The tour operator | Package travel rules |
The usual objection
Tour operators sometimes answer an Art. 7 claim by pointing to a package remedy already given. Art. 3(6) is the direct answer: the two sets of rights sit alongside each other, and the compensation obligation is the carrier's.
Where the flight is operated by the operator's own airline
Some groups operate both. The obligation still attaches to the operating air carrier as defined in Art. 2(b), which is the airline entity, and Art. 15 prevents the booking terms from limiting or waiving it.
SOURCES
- Regulation (EC) No 261/2004, Art. 3(6) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 2(b) · EUR-Lex · checked 7 August 2026
- Regulation (EC) No 261/2004, Art. 15 · EUR-Lex · checked 7 August 2026
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