Fuel as “force majeure”: Where does business risk end, and passenger cost begin?
A sharp increase in jet fuel prices, which reached record levels in April 2026 due to geopolitical instabilities, it has caused an earthquake in the tourism sector. While airlines are grappling with operating costs that have soared by more than 70 % overnight, the key question rocking the market is – who will ultimately foot the bill? While attempts by some carriers to retrospectively charge surcharges on tickets already sold are met with a stiff wall of EU regulation, the situation with package holidays offers a little more legal manoeuvring room, but also strict limitations.
Legal Split: Independent Tickets vs. Package Deals
U The aviation sector is governed by strict discipline. According to the interpretation of the European Commission and Regulation (EC) No 1008/2008, once a ticket is issued, the price is fixed. Fuel is considered a variable operating cost, not an external tax, meaning the burden of poor market forecasting lies solely with the carrier. Attempts by companies to demand additional payments under threat of denying boarding are treated as unfair commercial practice, although we have witnessed such attempts recently.
On the other hand, Travel agencies and tour operators are in a different legal positionThe Consumer Protection Act and the Package Travel Directive permit price adjustments, but this is not a right that agencies can arbitrarily exercise.
The 8 % limit and agencies' obligations
Agencies are entitled to request a surcharge for already paid-for package holidays solely if cumulative legal conditions are met. The first and fundamental condition is that the possibility of a price increase is explicitly stated in the travel contract. Secondly, the reason must be objective and documented – in this case, it is the rise in the price of kerosene on the global market, which directly affects the price of a charter or scheduled flight within the package.
The rules of the game are clear:
- Limit on price increases The passenger is obliged to accept a price increase up to a maximum of 8 % Total arrangement value.
- Right to terminate If the surcharge exceeds that threshold, the passenger gains the legal right to terminate the contract without any penalties, with a full refund of the amount paid.
- Notice year: The agency must inform the passenger no later than 20 days before departure. Any request for additional payment within that period is legally void.
Industry in the gap between costs and trust
Tour operators face a thankless task in 2026.. On one hand, they are pressured by airline clauses regarding fuel price changes (so-called YQ and YR codes), and on the other hand, they must be mindful of client trust and legal restrictions. It is important to emphasise that agencies in this chain are often not the originators of price increases, but intermediaries trying to ensure that travel is realised.
Experts warn that uncritically passing costs onto passengers could lead to a wave of booking cancellations, further threatening the sector's liquidity. Long-term solutions will be sought in more aggressive hedging strategies and the introduction of new pricing models, but until then, 2026 will be remembered as the year when the price of a barrel became a key factor for the survival of every tourism offering.
