17 Amendments of Markus FERBER related to 2013/0246(COD)
Amendment 87 #
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller'’s name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmedbooking data are transferred between the traders. Particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particulars such as the travel destination or travel times should not be sufficient.
Amendment 88 #
Proposal for a directive
Recital 19
Recital 19
(19) Since there is less need to protect travellers in cases of short-term trips, and in order to avoid unnecessary burden for traders, trips lasting less than 24 hours which do not include accommodation as well as occasionally organised packages, should be excluded from the scope of this Directive.
Amendment 103 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive shall apply to packages offered for sale or sold by traders to travellers, or whose purchase by travellers is facilitated by the traders, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1).
Amendment 123 #
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
v) purchased from separate traders through linked online booking processes where the traveller'’s name or particularsother reservation data needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 126 #
Proposal for a directive
Article 3 – point 5 – introductory part
Article 3 – point 5 – introductory part
(5) '‘assisted travel arrangement'’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if one of those service providers or a retailer facilitates the combination:
Amendment 133 #
Proposal for a directive
Article 3 – point 8
Article 3 – point 8
(8) '‘organiser'’ means a trader who combines and sells or offers for sale, sells or facilitates the purchase by travellers of packages, either directly or through another trader or together with another trader; where more than one trader meets any of the criteria referred to in point (b) of paragraph 2, all of those traders are considered as organisers, unless one of them is designated as organiser and the traveller is informed accordingly;
Amendment 135 #
Proposal for a directive
Article 3 – point 9 – point b a (new)
Article 3 – point 9 – point b a (new)
(b a) where an additional service is provided to the customer as part of a package.
Amendment 141 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point vi
Article 4 – paragraph 1 – point a – point vi
Amendment 142 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point vii
Article 4 – paragraph 1 – point a – point vii
vii) upon request, whether access for persons with reduced mobility is guaranteed throughout the trip or holiday;
Amendment 145 #
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
Amendment 147 #
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
Amendment 169 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that prices areThe prices laid down in the contract shall not be subject to revision, unless the contract expressly reservesprovides for the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes:upward or downward revision and states precisely how the revised price is to be calculated, and solely to allow for variations in: - transportation costs, including the cost of fuel; - dues, taxes or fees chargeable for certain services, such as landing taxes or embarkation or disembarkation fees at ports and airports; - the exchange rates applied to the particular package.
Amendment 182 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the contract is terminated pursuant to point (b) of paragraph 2, the organiser shall refund all payments received from the traveller within fourteen day weeks after the contract is terminated. The traveller shall, where appropriate, be entitled to compensation in accordance with Article 12.
Amendment 190 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
Amendment 206 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller'’s timely return because of unavoidable and extraordinary circumstances, the organiser shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per travelleradditional costs arising from the traveller’s return shall be split equally between the parties.
Amendment 217 #
Proposal for a directive
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/200429, Regulation (EC) No 1371/200730, Regulation (EU) No 1177/201031 and Regulation (EU) No 181/201132. Travellers shall be entitled to present claims under this Directive and under those Regulations, but may not, in relation to the same facts, cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective. __________________ 29 30 31 32. __________________ 29 OJ L 46, 17.02.04, p. 1 OJ L 46, 17.02.04, p. 1 30 OJ L 315, 03.12.07, p. 14 OJ L 315, 03.12.07, p. 14 31 OJ L 334, 17.02.10, p. 1 OJ L 334, 17.02.10, p. 1 32 OJ L 55, 28.02.11, p. 1 OJ L 55, 28.02.11, p. 1
Amendment 248 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances. The retailer shall be liable to the traveller only for any booking error arising through the fault of the retailer.