Activities of Hans-Peter MAYER related to 2013/0246(COD)
Plenary speeches (2)
Package travel and assisted travel arrangements (debate)
Package travel and assisted travel arrangements (debate)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC PDF (767 KB) DOC (881 KB)
Amendments (29)
Amendment 99 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) Practices have appeared online whereby traders facilitating the procurement of linked travel arrangements have dissimulated on their website the option allowing travellers not to opt for any other services than the main one. Such practices should be regarded as misleading for travellers. As the existing legal framework has not allowed for their elimination yet and given that they are specific to linked travel arrangements, they should therefore be forbidden under this Directive.
Amendment 102 #
Proposal for a directive
Recital 16
Recital 16
(16) Only the combination of different travel services, such as accommodation, carriage of passengers by bus, rail, water or air, as well as car rental, should be considered for the purposes of identifying a package or an assisted travel arrangement. Accommodation for residential purposes, includingHotel nights with added packages, such as tickets for musicals or spa treatments, should be excluded when this package does not form a significant part of the trip or the ancillary service does not clearly constitute the real reason for the trip. Accommodation for residential purposes for over one month or which is clearly not for the purpose of tourism, such as for long-term language courses, should not be considered as accommodation within the meaning of this Directive.
Amendment 106 #
Proposal for a directive
Recital 17
Recital 17
(17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with either carriage of passengers, accommodation and/or car rental, should be considered as capable of constituting a package or an assisted travel arrangement. However, such packages should only fall within the scope of this Directive if the relevant tourist service accounts for a significant proportion of the package. Generally, the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such, clearly represents the real reason for the trip, accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday. Ancillary services, such as, in particular, travel insurance, transport between the station and the accommodation, transport at the beginning of the trip and as part of excursions, transport of luggage, meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right.
Amendment 122 #
Proposal for a directive
Recital 26
Recital 26
(26) Since packages are often purchased a long time before their performance, unforeseen events may occur. Therefore the traveller should, under certain conditions, be entitled to transfer a package to another traveller. In such situations, the organiser should be able to recover his expenses, for instance if a sub-contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one. Travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation, as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster, including terrorism, hurricanes, earthquakes and political instability which puts travellers' safety at risk will significantly affect the package. Unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.
Amendment 134 #
Proposal for a directive
Recital 31
Recital 31
(31) This Directive should not affect the rights of travellers to present claims both under this Directive and under any other relevant Union legislation, so that travellers will continue to have the possibility to address claims to the organiser, the carrier or any other liable party, or, as the case may be, to several parties. It should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective. The organisHowever, the need to ensure that travellers receive an appropriate and timely compensation in cases where the contract is not performed properly by one of the parties should not impose an unreasonable and disproportionate burden on organisers and retailers. In addition to their obligation to remedy any lack of conformity or to compensate travellers, organisers and retailers should then have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations. The organiser and retailer's liability is therefore without prejudice to theis right to seek redress from third parties, including service providers.
Amendment 157 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) ancillary contracts covering travel services provided in addition to the package and booked without the involvement of the travel organiser or ancillary contracts covering financial services;
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) packages where not more than one travel service as referred to in points (a), (b), and (c) of Article 3(1) is combined with a travel service as referred to in point (d) of Article 3(1) if thise latter service does not account for a significant proportion of the package or clearly does not represent the real reason for the trip; or
Amendment 167 #
Proposal for a directive
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) Carriage of passengers by bus, rail, water or air which includes accommodation, if the main component is clearly transport and such carriage is not combined with another travel service within the meaning of Article 3(1)(b), (c) or (d).
Amendment 215 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the following information where applicable to the package:
Amendment 217 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point ii
Article 4 – paragraph 1 – point a – point ii
ii) the means, characteristics and categories of transport, the points, dates and time of departure and return or, where the exact time is not yet determined, the approximate time of departure and return, which must not diverge by more than three hours from the actual time of departure or return, the duration and places of intermediate stops and transport connections;
Amendment 235 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Where a package holiday is sold via a retailer, the retailer shall pass on to the traveller the information referred to in paragraph 1 in full and without delay.
Amendment 236 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. Where a travel contract is concluded by electronic means, the organiser shall make the traveller aware in a clear and prominent manner, and directly before the traveller places his order, of the information provided for in Article 4(1)( a) i), ii), iii), iv), v), c), and d). Article 8(2), second subparagraph, of Directive 2011/83/EU shall apply accordingly.
Amendment 237 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in a clear, comprehensible and prominent manner.
Amendment 241 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader.
Amendment 242 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser may not change tThe information made known to the traveller pursuant to points (a), (c), (d), (e) and (g) of Article 4, unless the organiser reserves the right to make chan shall form an integral part of the packages to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contractravel contract and shall not be altered unless the contracting parties expressly agree otherwise.
Amendment 246 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At or immediatwithout delay after the conclusion of the contract, the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium.
Amendment 252 #
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The text of the contract or the confirmation of the contract shall include all the information referred to in Article 4. Iset out the full content of the contract and in particular the information pursuant to Article 4 which has become an integral part of the contract. The text of the contract or confirmation of the contract shall also include the following additional information:
Amendment 261 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The information referred to in paragraph 2 shall be provided in a clear, comprehensible and prominent manner.
Amendment 268 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. Those additional costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser.
Amendment 319 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity, unless this is disproportionateprovided the lack of conformity is reported by the traveller or is clear to the organiser and remedying it would not be disproportionate, and unless the lack of conformity is attributable to the traveller.
Amendment 327 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. If it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract, the organiser shall, insofar as the package includes the carriage of passengers, provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall, where appropriatethe services agreed in the contract have not been provided, compensate the traveller in accordance with Article 12. Reimbursements shall be made within 14 days.
Amendment 331 #
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 five nights per traveller. The organiser shall arrange the accommodation. Only where the organiser expressly states that he is unable or unwilling to do this himself shall overnight stays booked by the traveller himself be reimbursed, up to EUR 10025 per night and threfive nights per traveller.
Amendment 347 #
Proposal for a directive
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. Any right to compensation of the traveller under Regulation 261/2004 is independent to any right to compensation of the traveller under this Directive. Should the traveller be entitled to compensation under both Regulation 261/2004 and this Directive, the traveller shall be entitled to present claims under both legal acts, but may not in relation to the same facts cumulate rights under both legal acts if the rights safeguard the same interest or have the same objective.
Amendment 351 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
Amendment 372 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the packageDoes not affect EN version. Linguistic amendment to German text.
Amendment 420 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Traders facilitating the procurement of linked travel arrangements online shall not hide or provide in an unclear, unintelligible, ambiguous or untimely manner the option of not booking any further services or ancillary services. Such option shall always be pre-selected by default.
Amendment 421 #
Proposal for a directive
Article -18 (new)
Article -18 (new)
Article -18 Failure to provide information If a right of withdrawal exists but the traveller has not been informed thereof, he may withdraw from the contract at no cost up to 24 hours before departure.
Amendment 424 #
Proposal for a directive
Article 19
Article 19
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, unlessif he fails to pass on the information provided by the organiser pursuant to Article 4(1), passes on incomplete information or makes errors in the booking. A retailer shall not be held liable where such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.,
Amendment 430 #
Proposal for a directive
Article 20
Article 20
1. In cases where an organiser or, in accordance with Articles 15 or 18, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on ithim or her under this Directive, no provision of this DireMember States shall ensure that the organiser or retailer has the right to seek redress from any third parties which contributed to the event triggering compensation, price reductiveon or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations. ther obligation. 2. The right to seek redress referred to in paragraph 1 shall also include the right of organisers and retailers to seek redress from travel services providers where an organiser or retailer is obliged to pay a compensation to a traveller under this Directive and the traveller at the same time has a right to compensation under other applicable Union law, including but not restricted to Regulation 261/2004 and Regulation 1371/2007. That right to seek redress may not be restricted in a contract. 3. Member States shall ensure that any restrictions on the right to seek redress referred to in paragraph 1 are reasonable and proportionate, in accordance with the applicable national law.