Fuel as a "force majeure": Where does business risk end and passenger costs begin?

In collaboration with our partner Tragento.com, we bring you the latest news in the field of tourism logistics.

The sharp jump in jet fuel prices, which reached record levels in April 2026 due to geopolitical instability, caused an earthquake in the tourism sector.

As airlines grapple with operating costs that have soared by more than 70% overnight, the key question shaking up the market is - who will end up paying the bill?

While the attempts of individual carriers to subsequently collect surcharges on already sold tickets come up against a sharp wall of EU regulations, the situation with tourist arrangements brings a bit more legal room for maneuver, but also strict restrictions.

Legal divide: Stand-alone tickets vs. Package deals

U The aviation sector is subject to 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, which means that the burden of poor market forecasting lies solely with the carrier.

Attempts by companies to demand additional payments under the threat of denied boarding are treated as unfair trading practices, although we have witnessed such attempts recently.

On the other hand, travel agencies and tour operators are in a different legal positioni.

The Consumer Protection Act and the Package Travel Directive allow price correction, but this is not a right that agencies can use arbitrarily.

Fuel as a "force majeure. 8% limit and agency obligations

Agencies have the right to request additional payment for already paid arrangements only if the cumulative legal conditions are met.

The first and basic one is that the possibility of increasing the price is expressly stated in the travel contract. Second, 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:

• Price increase limit: The passenger is obliged to accept the price increase up to a maximum 8% total value of the arrangement.

• Right to terminate: If the surcharge exceeds that threshold, the passenger gets the legal right to terminate the contract without any penalties, with a full refund of the amount paid.

Industry in the gap between costs and trust

Tour operators face a thankless role in 2026. On the one hand, they are pressured by airline fuel price change clauses (so-called YQ and YR codes), and on the other hand, they must watch out for client trust and legal restrictions. It is important to emphasize that agencies in this chain are often not generators of price increases, but intermediaries trying to ensure the realization of travel.

Experts warn that the uncritical transfer of costs to passengers could lead to a wave of cancellations, which would further threaten the liquidity of the sector.

A long-term solution will be sought in more aggressive hedging strategies and the introduction of new price formation models, but until then, 2026 will be remembered as the year in which the barrel price became a key factor in the survival of any tourist offer.

Fuel as a "force majeure": Where does business risk end and passenger costs begin?, original story published on Tragento editorial team.