Activities of Jacqueline FOSTER related to 2013/0246(COD)
Plenary speeches (1)
Package travel and assisted travel arrangements (debate)
Shadow opinions (1)
OPINION 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
Amendments (29)
Amendment 77 #
Proposal for a directive
Recital 5
Recital 5
(5) In accordance with Article 26(2) of the Treaty, the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured. The harmonisation of certainappropriate aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area, striking the right balance between a high level of consumer protection and the competitiveness of businesses.
Amendment 79 #
Proposal for a directive
Recital 7
Recital 7
(7) The majority of travellers buying packages are consumers in the sense of Union consumer law. At the same time, it is not always easy to distinguish between consumers and representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers. Such travellers often require a similar level of protection. In contrast, larger companies or organisations often make travel arrangements for their employees on the basis of a framework contract with companies which specialise in the arrangement of business travel. The latter type of travel arrangements do not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers only insofar as they do not make travel arrangementsf deemed necessary by Member States for instance where the business travellers book travel in their own the basis of a framework contractpersonal name instead of the corporate name. To avoid confusion with the definition of the term ‘consumer’ in other consumer protection directives, persons protected under this Directive should be referred to as ‘travellers’.
Amendment 82 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) It is important to ensure that consumers are aware of whether they are choosing a package travel or a linked travel arrangement and the corresponding level of protection before making the payment.
Amendment 83 #
Proposal for a directive
Recital 15 b (new)
Recital 15 b (new)
(15b) Consumers that wish to continue to compile their own holidays outside of the scope of this Directive, albeit without the same level of protection provided for in this Directive, they should be informed of this before payment is made.
Amendment 84 #
Proposal for a directive
Recital 16
Recital 16
(16) Only tThe 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, includingpackage or a linked travel arrangement. Hotel nights with added packages, such as tickets for musicals or spa treatments, should be excluded when this package is not marketed to the consumer as a significant part of the trip or the ancillary service clearly does not constitute the main element of 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 85 #
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 assist linked 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 marketed to consumers as such and if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday. Ancillary services, such as travel insurance, transport of luggage, meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right.
Amendment 92 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) However, in light of new communication technologies which can help to ensure that consumers have access to up-to-date information at the time of booking and the growing trend to book travel packages online, there is no longer a need for specific rules requiring printed brochures.
Amendment 96 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that travellers purchasing a package or an assist linked travel arrangement are fully protected against the insolvency of the organiser, of the retailer having facilitated the assistlinked 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. Where a consumer would prefer to complete the package or linked travel arrangement, rather than obtain a full refund, the insolvency protection may, where appropriate, provide for the fulfilment of existing contracts, in order to enable the package or linked travel arrangement to continue at no additional cost to the consumer. 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 L376, 27.12.2006, p. 36. OJ L376, 27.12.2006, p. 36.
Amendment 100 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certainappropriate aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders.
Amendment 106 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1a. Unless specified otherwise in the respective provisions in this Directive, Member States may adopt or maintain in force, more stringent provisions in the fields covered by this Directive, to ensure a higher level of consumer protection.
Amendment 109 #
Proposal for a directive
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) Packages and combined arrangements that are offered or put together by for example charitable organisations, non-profit organisations, football clubs and schools.
Amendment 111 #
Proposal for a directive
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller's employer and a trader specialising in the arrangement offor business travel;
Amendment 113 #
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 this service does not account for a significant proportion of the package or the ancillary service clearly is not marketed as the main element of the trip; or
Amendment 115 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. Member States may choose not to adopt provisions necessary to comply with this Directive in respect of packages or linked travel arrangements where all the travel services are to be delivered within the Member State and when they do not include the carriage of passengers.
Amendment 119 #
Proposal for a directive
Article 3 – point 2 – introductory part
Article 3 – point 2 – introductory part
(2) ‘package’ means a combination of carriage of passengers and at least twoone different types of travel services for the purpose of the same trip or holiday, if:
Amendment 121 #
Proposal for a directive
Article 3 – point 2 – point b – point i
Article 3 – point 2 – point b – point i
(i) purchased from a single point of sale within the same booking process where all the services have been selected by the traveller before the traveller has agreed to pay the total price,
Amendment 124 #
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 particularsdata needed to conclude a booking transaction are transferred between the traders commencing at the latest when the booking of the first service is confirmed and where all contracts are concluded within one day of that confirmation;
Amendment 127 #
Proposal for a directive
Article 3 – point 5 – introductory part
Article 3 – point 5 – introductory part
(5) ‘assistlinked travel arrangement’ means a combination of carriage of passengers and at least twoone 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 a retailer facilitates the combination:
Amendment 129 #
Proposal for a directive
Article 3 – point 5 – point a
Article 3 – point 5 – point a
(a) on the basis of separate bookings on the occasion of a single visit or contact with the point of salewhere the traveller individually selects and individually pays for the services; or
Amendment 130 #
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services fromoffered by another trader in a targeted manner through linked online booking processes commencing at the latest when the booking of the first service is confirmed and concluded not more than one day after that confirmation;
Amendment 136 #
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘unavoidable and extraordinary circumstances’ means a situationunforeseeable circumstances beyond the control of the trader the consequences of which could not have been avoided even if all reasonable measures had been taken;
Amendment 149 #
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) information on the optional inclusion of an insurance policy to cover the cost of the cancellation by the consumer or the cost of repatriation in the event of accident or illness.
Amendment 153 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At or immediatelyas soon as feasible 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 210 #
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 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.
Amendment 220 #
Proposal for a directive
Article 14
Article 14
Member States shall ensure that the organiser gives prompthas adequate insurance or means to give appropriate assistance to the traveller in difficulty, in particular by:
Amendment 222 #
Proposal for a directive
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) assisting the traveller into makinge distance communications and helping the traveller to source alternative travel arrangements.
Amendment 224 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of assistlinked travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of the insolvency of the organiser, of the retailer or of any of the linked travel arrangement service providers.
Amendment 229 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. The insolvency protection referred to in paragraph 1 shall be adequate to meet the requirements of this Directive provided it is effective in all reasonably foreseeable circumstances.
Amendment 230 #
Proposal for a directive
Article 15 – paragraph 2 b (new)
Article 15 – paragraph 2 b (new)
2b. Where appropriate, the insolvency protection referred to in paragraph 1 may provide for the fulfilment of contracts forming packages or linked travel arrangements, rather than a refund of payments.