Activities of Ivo BELET related to 2013/0246(COD)
Plenary speeches (1)
Package travel and linked travel arrangements (A8-0297/2015 - Birgit Collin-Langen) NL
Amendments (18)
Amendment 90 #
Proposal for a directive
Recital 6
Recital 6
(6) The cross-border potential of the package travel market in the Union is currently not fully exploited. Disparities in the rules protecting travellers in different Member States are a disincentive for travellers in one Member State from buying packages and assisted travel arrangements in another Member State and, likewise, a disincentive for organisers and retailers in one Member State from selling such services in another Member State. In order to enable consumers and businesses to benefit fully from the internal market, while ensuring a high level of consumer protection across the Union, it is necessary to further approximate the laws of the Member States relating to packages and assisted travel arrangements.
Amendment 91 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Member States should be at liberty to adopt, or retain, more stringent provisions relating to package travel and assisted travel arrangements for the purpose of protecting the consumer.
Amendment 96 #
Proposal for a directive
Recital 11
Recital 11
(11) At the same time, assisted travel arrangements should be distinguished from travel services which travellers book independently, often at different times, even for the purpose of the same trip or holiday. Online assisted travel arrangements should also be distinguished from related websites which do not have the aim of concluding a contract with the traveller and from links through which travellers are simply informed about further travel services in a general fashion, for instance where a hotel or an organiser of an event includes on its website a list of all operators offering transport services to its location independently of any booking or if cookies or meta data are used to place advertisements on websites.
Amendment 138 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser, of the retailer having facilitated the assisted travel arrangement or of any of the service providers. Member States in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency. While retaining discretion as to the way in which insolvency protection is granted, Member States should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency. The required insolvency protection should take into account the actual financial risk of the activities of the organiser, relevant retailer or service provider, including the type of combination of travel services they sell, foreseeable seasonal fluctuations as well as the extent of pre-payments and the way in which these are secured. In accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market25, in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State. __________________ 25 OJ L 376, 27.12.2006, p. 36.
Amendment 142 #
Proposal for a directive
Recital 39
Recital 39
(39) It is necessary that Member States lay down penalties for infringements of national provisions transposing this Directive and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.
Amendment 143 #
Proposal for a directive
Recital 43
Recital 43
(43) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission of 28 September 2011 on explanatory documents, Member States have undertaken to accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,
Amendment 189 #
Proposal for a directive
Article 3 – point 3 – point b – point v
Article 3 – point 3 – point b – point v
(v) simultaneously purchased from separate traders through linked online booking processes where the traveller's name or particulars needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 192 #
Proposal for a directive
Article 3 – point 6 – introductory part
Article 3 – point 6 – introductory part
(6) '„geassisteerd reisarrangement”: ‘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 after the conclusion of the first contract with the trader concerning a travel service, if the trader or a retailer facilitates the combination:
Amendment 225 #
Proposal for a directive
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) the minimum number of persons required for the package to take place and a time-limit of at least 2014 days before the start of the package for the possible cancellation if that number is not reached;
Amendment 257 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
Amendment 258 #
Proposal for a directive
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
Amendment 262 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In good time before the start of the package, the organiser shall provide the traveller with the following information: (a) necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival; (b) the details of a contact point where the traveller can complain about any lack of conformity which he perceives on the spot; (c) the name, geographical address, telephone number and e-mail address of the organiser's local representative or contact point whose assistance a traveller in difficulty could request or, where no such representative or contact point exists, an emergency telephone number or the indication of other ways of contacting the organiser.
Amendment 311 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract and not later than 2014 days before the start of the package; or
Amendment 345 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility, as defined in Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28, and any person accompanying them, pregnant women and unaccompanied children, as well as persons in need of specific medical assistance, provided the organiser has been notified of their particular needs at the time of conclusion of the package travel contract or, if that is not possible, at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable Union legislation. __________________ 28 OJ L 204, 26.7.2006, p. 1. OJ L 204, 26.7.2006, p. 1.
Amendment 397 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 405 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 432 #
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Travellers may not waive the rights conferred on them by the national measures transposing this Directive.
Amendment 434 #
Proposal for a directive
Article 23
Article 23
Member States shall lay down the rules on penalties which enforcement bodies may impose on traders for infringing the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.