A tour operator is a person who offers or sells package tours on their own behalf within the meaning of § 651 a (1) German Civil Code [BGB] (the totality of travel services consisting of at least two separate services that are largely identical in value). In contrast, a travel agent acts on behalf of a third party. They merely issue a contract between the tourist and the tour operator without being a contractual partner themselves.

What matters most when it comes to making the distinction between a tour operator and a travel agent is the role the company takes on when dealing with travellers. From the point of view of the traveller, the tour operator is the person/company that promises to provide travel services and accepts full responsibility for these.

In contrast, a traditional travel agency tends to act as a travel agent. However, they can also act as tour operators. This is the case where the agency sells a variety of travel services, giving the impression that it provides the entire service on its own responsibility.