Term and Fundamentals: Dynamic Packaging
Dynamic Packaging refers to the flexible assembly of travel services into an individual travel package by the customer or an agent in real time under travel law. Unlike traditional package tours, where services are bundled as a package in advance, Dynamic Packaging bundles individual travel components (especially flight, hotel, rental car, leisure activities) only upon the customer’s request during the booking process. The technical implementation predominantly takes place on online platforms. Due to its high relevance for e-commerce and tourism, Dynamic Packaging has significant legal importance, particularly with regard to consumer rights, liability, and the applicability of package travel law.
Legal Classification and Distinction
Package Travel and Linked Travel Arrangements
With the introduction of the EU Package Travel Directive (Directive (EU) 2015/2302), which has been transposed into German law by §§ 651a ff. BGB, individually assembled travel packages are also subject to certain legal requirements. Dynamic Packaging can—even depending on its structure—constitute a package tour if two or more different types of travel services for the same trip are offered or brokered at an overall price. Relevant criteria here are bundling, unified booking, and a total price.
Alternatively, a so-called “linked travel arrangement” (§ 651w BGB) may be present if at least two different types of travel services for the same trip are mediated, but these are not booked at a combined price or within a unified booking process. This distinction is legally relevant because package tours are subject to broader protection mechanisms than linked travel arrangements.
Distinction from Individual Bookings
In contrast to individual bookings, where the services (e.g., flight and hotel) are acquired independently from different providers, Dynamic Packaging is characterized precisely by the combination within the booking process. The decisive factor is to what extent the assembly is initiated by the travel provider and not solely by the customer, and whether an overall price is indicated.
Obligations and Liability
Provider Information Obligations
Providers of Dynamic Packaging are subject to extensive information obligations according to §§ 651d, 651v BGB and Art. 250 EGBGB. These include, in particular, clear and understandable information about the essential characteristics of the travel services, the total price, terms of payment, rights of withdrawal and cancellation, and the provider’s identity. Furthermore, travelers must be provided with standard information forms about their rights pertaining to package travel or linked travel arrangements.
Insolvency Protection
If a dynamically bundled package fulfills the features of a package tour, the provider is required under § 651r BGB to have protection to reimburse all customer payments in case of insolvency or inability to pay (e.g., through insurance or a security certificate).
Liability Rules
For Dynamic Packaging as a package tour, the tour operator is generally liable for the proper provision of all services included in the package—even if individual services are performed by third parties (§ 651b BGB). This leads to a liability regime that is broader than that for mere brokerage or individual booking models.
Consumer Protection Aspects
Rights of Withdrawal and Cancellation
For Dynamic Packaging within the meaning of a package tour, the traveler enjoys the specific rights of withdrawal (§ 651h BGB). There is generally no statutory right of revocation according to § 312g para. 2 no. 9 BGB, since travel services are excluded by law from the distance selling revocation period.
Price and Service Listing
The price labeling must transparently state all costs associated with Dynamic Packaging. Hidden additional costs or charges for individual components are not permitted. Changes to essential components of the trip after booking are only permitted under the strict conditions of §§ 651f, 651g BGB.
Digital Particularities and Data Protection Aspects
Online Booking and Electronic Communication
Dynamic Packaging is offered almost exclusively via digital booking platforms. This results in additional requirements according to the German Telemedia Act (TMG) and the General Data Protection Regulation (GDPR). Providers must, among other things, inform about data protection regulations, disclose tracking and profiling mechanisms, and give customers the opportunity to object to data processing for advertising purposes.
Automated Decision-Making
The use of algorithms for price and service calculation in Dynamic Packaging may qualify as automated decision-making within the meaning of Art. 22 GDPR. The person concerned therefore has the right to transparent information about how decisions affecting price formation or availability are made.
International and European Framework Conditions
EU Requirements
The above-mentioned EU Package Travel Directive constitutes the primary legal basis for Dynamic Packaging in the European internal market. It defines uniform European standards for the classification of travel packages, information obligations, liability, and insolvency protection. Member States may not derogate from this to the detriment of consumers.
Third-Country Regulations
If Dynamic Packaging is booked from a provider outside the EU, the protection provisions of the EU Package Travel Directive apply only if the provider specifically advertises services within the EU internal market or the customer resides in the EU.
Disputes and Legal Judgments
Case law addresses Dynamic Packaging particularly in the context of distinguishing it from individual bookings and linked travel arrangements. Courts examine in each case whether a package tour exists. The booking process, pricing, and design of the booking platform are decisive.
Decisions of the European Court of Justice (ECJ) and German courts place great importance on a customer-oriented interpretation of the legal provisions with the aim of achieving the highest possible level of consumer protection.
Summary
Dynamic Packaging describes the dynamic bundling of several travel services into a package that is individually created in the booking process. Legally, it is crucial whether the features of a package tour are met, as this entails extensive obligations for providers and comprehensive protection rights for travelers. The legal handling of Dynamic Packaging is shaped by the complex interplay of national, European, and international regulations and is continually interpreted and specified by the courts.
Frequently Asked Questions
What statutory requirements apply to providers of Dynamic Packaging regarding package travel law?
Providers of Dynamic Packaging must comply with German and European package travel law, particularly since the implementation of the EU Package Travel Directive (EU 2015/2302) into German law. As soon as a dynamically assembled trip—such as flight, hotel, and rental car—qualifies as a package tour, extensive information, proof, and security obligations apply. The provider must, among other things, inform comprehensively before the contract is concluded about the main features of the trip, total price, terms of payment, rights of withdrawal, passport and visa requirements, as well as insolvency protection. In case of defects or non-performance, the customer has rights under §§ 651a ff. BGB such as warranty, reduction of price, or compensation. The legal classification, whether it is actually a package tour or only linked travel arrangements, is essential and must be carefully examined in advance.
How does the Package Travel Directive and linked travel arrangements affect Dynamic Packaging?
The Package Travel Directive stipulates when a dynamic combination of travel services must be classified as a package tour. If at least two main travel services (such as transport and accommodation) are offered and booked together at a total price, this indicates a package tour. The distinction from linked travel arrangements is especially important for liability and insolvency protection. For linked travel arrangements, there is less extensive liability and a duty to protect limited to each individual service. Providers of Dynamic Packaging must therefore determine whether their offerings meet the requirements for a package tour and take the necessary legal and organizational precautions.
What liability rules must be observed in Dynamic Packaging?
In legal terms, the provider of a package tour is generally jointly and severally liable for all components of the trip, even if they are provided by different service providers. If individual travel elements are defective, the customer can contact the package organizer directly. In the case of Dynamic Packaging, where services are individually combined, it is crucial whether the provider acts as a tour operator. If this is the case, the provider is liable under §§ 651a ff. BGB for all mediated services. By contrast, where only linked travel arrangements are brokered, liability is limited; in this case, the provider is only responsible for proper mediation, not for the actual performance of the individual services.
What information obligations do providers of Dynamic Packaging have?
German and European package travel law provides for extensive pre-contractual information obligations (§ 651d BGB, Art. 250 EGBGB), which also apply to Dynamic Packaging. Before entering into the travel contract, the customer must receive written or durable information material covering the most important travel details (especially services, prices, payment terms, cancellation conditions, passport and visa requirements, emergency contact information, and monument protection regulations). If changes occur after the contract is concluded, the customer must be promptly informed of any significant change. The notification of applicable insolvency protection and responsibility for contract fulfillment are also mandatory information obligations.
What role does insolvency protection play in Dynamic Packaging?
Within Dynamic Packaging, insofar as it legally constitutes a package tour, providers are obliged to maintain effective insolvency protection for all customer funds (see § 651r BGB). This is generally fulfilled by insurance or a protective account, certified by a so-called security certificate (Sicherungsschein). The security certificate must be provided to the traveler before the first payment, either physically or electronically. If a provider fails to fulfill this obligation, customer payments are not due, and the provider may be liable for prosecution. Insolvency protection covers both refunds for non-rendered services and repatriation of travelers in case of insolvency.
To what extent is the right of withdrawal relevant to Dynamic Packaging?
Travel contracts falling under Dynamic Packaging and classified as package tours are generally excluded from the statutory right of withdrawal for distance contracts pursuant to § 312g para. 2 no. 9 BGB. This means that after concluding the contract, the customer has no right to withdraw from the contract within 14 days without stating reasons. Any withdrawal or modification options are only agreed contractually or are governed by statutory rules for package travel (such as withdrawal before the start of the trip pursuant to § 651h BGB). Providers must therefore inform customers in good time about the absence of a right of withdrawal to avoid warnings and disputes.
What special requirements apply to contract design in Dynamic Packaging?
Providers of Dynamic Packaging should structure contracts clearly in compliance with package travel law to avoid liability and interpretation disputes later on. Contract documents must transparently state whether it is a package tour or linked travel arrangements, name each service provider, list the service descriptions and prices separately, and include all legally required notices (such as emergency contact details, validity of the passport, payment terms). Additionally, it is advisable to include clear regulations concerning cancellation, rebooking, warranty rights, and contacts in the event of damage. To ensure protection from legal challenges under standard terms and conditions law, clauses should be adapted to current court rulings.
What are the legal consequences of breaches of package travel law in connection with Dynamic Packaging?
If a provider disregards statutory provisions on package travel law, both individual civil claims by travelers (e.g., damages, refunds, price reduction) and regulatory or, in some cases, criminal sanctions are possible. Typical breaches include non-compliance with information obligations, lack of insolvency protection, incorrect or misleading advertising, or false classification as a linked travel arrangement instead of a package tour. In addition to individual lawsuits and refund claims, associations, competitors, or consumer protection authorities may also initiate warnings or injunction actions, which can result in significant costs and reputational damage.
