Passengers who have a right to claim from their tour organiser for cancelled air tickets cannot claim from the airline if the tour organiser is not able to make the refunds. The European Court so ruled on 10 July 2019 in a Dutch case.
Tourists on package tours have the right under EU Directive 90/314/EEC to claim from the tour operator.
The case concerned the operator Hellas for a package holiday which included airline tickets from Aegean Airlines. The flights were cancelled by the airline because of a slump in bookings and political uncertainty in Greece in 2015. Hellas then become insolvent.
HQ and others v Aegean Airlines SA (Case C-163/18). CJEU. The Times 21 August 2019 [19.08]