Activities of Sergio Gaetano COFFERATI related to 2013/0246(COD)
Plenary speeches (2)
Package travel and linked travel arrangements (debate) IT
Package travel and assisted travel arrangements (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a directive of the European Parliament and of the Council on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC PDF (166 KB) DOC (91 KB)
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 (55)
Amendment 108 #
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 accounts for more than 205% of the total price or otherwise represents an essentialimportant 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 111 #
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 confirmed. Particularsbooking data 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 sufficients are transferred between the traders.
Amendment 115 #
Proposal for a directive
Recital 19
Recital 19
Amendment 123 #
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, if any, 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 cancellation may be linked to the payment of an appropriate compensation, in which case the contract should specify reasonable standardised termination fees. In any case travellers shall have the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster 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 127 #
Proposal for a directive
Recital 28
Recital 28
(28) In certain cases organisers should be allowed to make unilateral changes to the package travel contract. However, travellers should have the right to terminate the contract if the proposed alterations change significantly any of the main characteristics of the travel services. Price increases should be possible only if the contract was concluded more than three months before its start and if there has been a change in the cost of fuel for the carriage of passengers, in taxes or fees imposed by a third party not directly involved in the performance of the included travel services or in the exchange rates relevant to the package and if both an upward and downward revision of the price is expressly reserved in the contract. Price increases should be limited to 105% of the price of the package.
Amendment 139 #
Proposal for a directive
Recital 36
Recital 36
(36) As regards assisted travel arrangements, beyond the obligation to provide insolvency protection and assistance for travellers in difficulty and to inform travellers that individual service providers are solely responsible for their contractual performance, the relevant contracts are subject to general Union consumer protection legislation and sector- specific Union legislation.
Amendment 141 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Commission should develop, by means of technical standards, two visual European indicators to indicate respectively the travel package and the assisted travel arrangements. These indicators will not concern the quality of the contract or of the services offered but will just inform the traveller on whether he is dealing with a travel package or with a linked travel arrangement. The colours of these indicators shall be green for the travel packages and yellow for the linked travel arrangements, highlighting in a clear and immediate manner the different level of protection and of guarantees that are offered to the traveller.
Amendment 148 #
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, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 143, Articles 18 and Article 21(1).
Amendment 152 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 162 #
Proposal for a directive
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
Amendment 177 #
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,
Amendment 184 #
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 transactions are transferred between the traders at the latest when the booking of the first service is confirmed;
Amendment 197 #
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed;
Amendment 219 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point v a (new)
Article 4 – paragraph 1 – point a – point v a (new)
(va) whether any of the travel services will be provided to the traveller as a part of a group and, if this is the case, how many people are foreseen to participate;
Amendment 224 #
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 230 days before the start of the package for the possible cancellation if that number is not reached;
Amendment 228 #
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
(ga) information that the traveller may terminate the contract at any time before the start of the package and on the applicable reasonable standardised termination fee, if any in accordance with Article 10 (1).
Amendment 230 #
Proposal for a directive
Article 4 – paragraph 1 – point g b (new)
Article 4 – paragraph 1 – point g b (new)
(gb) where appropriate, information regarding risks arising from warfare and natural disasters;
Amendment 232 #
Proposal for a directive
Article 4 – paragraph 1 – point g c (new)
Article 4 – paragraph 1 – point g c (new)
(gc) where appropriate, information on the insolvency protection and liability insurance of the organiser.
Amendment 234 #
Proposal for a directive
Article 4 – paragraph 1 – point g d (new)
Article 4 – paragraph 1 – point g d (new)
(gd) information on in house complaint handling procedure and on available alternative dispute resolution mechanisms pursuant to Directive 2013/11/EU and online dispute resolution mechanisms pursuant to Regulation (EU) No 524/2013, and on whether the trader adhere to a specific ADR scheme or not.
Amendment 238 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided on a durable medium and in a clear and prominent manner.
Amendment 243 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser may not change the information made known to the traveller pursuant to points (a), (c), (d), (e) (g) and (ga) of Article 4, unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract.
Amendment 259 #
Proposal for a directive
Article 6 – paragraph 2 – point e
Article 6 – paragraph 2 – point e
Amendment 264 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that a traveller may, after giving the organiser or the retailer reasonable notice on a durable medium before the start of the package, transfer the contract to a person who satisfies all the conditions applicable to that contract.
Amendment 267 #
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, if any, arising from the transfer. Those costs shall not be unreasonable and in any casee organiser shall inform the transferor and the transferee about the eventual costs of the transfer, which in any case shall not be unreasonable and shall not exceed the actual cost borne by the organiser.
Amendment 269 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that prices are not subject to revision, unless the contract is concluded earlier than three months before its start and expressly reserves the possibility of an increase and obliges the organiser to reduce prices to the same extent as a direct consequence of changes:
Amendment 274 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The price increase referred to in paragraph 1 shall not exceed 105% of the price of the package.
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The price increase referred to in paragraph 1 shall be valid only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 230 days prior to the start of the package.
Amendment 280 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that, before the start of the package, the organiser may not unilaterally change contract terms other than the price, unless:.
Amendment 281 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 283 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 285 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 287 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium of: the proposed change.
Amendment 291 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 293 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 296 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The traveller shall be given, within a reasonable timeframe, the right to accept the change, withdraw from the contract without penalties or be offered a substitute package.
Amendment 298 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where the changes to the contract or the substitute package referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.
Amendment 299 #
Proposal for a directive
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If the contract is terminated pursuant to point (b) offollowing a choice of the traveller pursuant to paragraph 2, the organiser shall refund all payments received from the traveller within fourteen days after the contract is terminated. The traveller shall, where appropriate, be entitled to compensation in accordance with Article 12.
Amendment 302 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the traveller may terminate the contract before the start of the package against p. Payment of an appropriate compensation to the organiser. T may be requested. In that case the contract mayshall specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services. In the absence ofThese standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser shall be reasonable and shall not overcome in any case the costs sustained by the organiser which would not be recoverable following the termination.
Amendment 310 #
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 230 days before the start of the package; or
Amendment 323 #
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 disproportionate.
Amendment 332 #
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 travellerMember States shall ensure that the organiser bear as a minimum the cost for the continued stay for three nights in case of travel package with less than 2 weeks of duration and for 5 nights in the other cases. The organiser shall arrange accommodation consistent with the category of hotel originally booked.
Amendment 359 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point ii
Article 12 – paragraph 3 – point a – point ii
Amendment 363 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point iii
Article 12 – paragraph 3 – point a – point iii
(iii) due to unavoidable, unforeseeable and extraordinary circumstances or
Amendment 367 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the traveller fails to inform the organiser without undue delay of any lack of conformity which the traveller perceives on the spot if that information requirement was clearly and explicitly stated in the contract and is reasonable, taking into account the circumstances of the case.
Amendment 371 #
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 package.
Amendment 379 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that the organiser of a package or the retailers facilitating the procurement of an assisted travel arrangement gives prompt assistance to the traveller in difficulty, in particular by:
Amendment 383 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
The organiser or the retailer shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller's negligence or intent. The fee shall not in any case overcome the actual costs sustained by the organiser or the retailer.
Amendment 390 #
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 assisted 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 insolvency.
Amendment 412 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that, before the traveller is bound by any contract or any corresponding offer for assisted travel arrangements, the trader facilitating the procurement of assisted travel arrangements shall state in a clear and prominent manner on a durable medium:
Amendment 413 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) that the traveller will not benefit from any of the rights granted by this Directive exclusively to package travellers, but will benefit from the right to a refund of pre- payments, assistance in cases of difficulty and, insofar as carriage of passengers is included, to repatriation in case the retailer itself or any of the service providers becomes insolvent.
Amendment 418 #
Proposal for a directive
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
In case paragraph 1, point b of this Article is not complied with, the traveller shall enjoy all the guarantees and the rights ensured under travel packages in this Directive.
Amendment 422 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18a Visible indicator Any travel package's contract or precontractual information shall contain in a clear and prominent manner and in a very visible position a visual green indicator, standardised at European level, that identifies the contract as a package. Member States shall ensure that the trader facilitating the procurement of linked travel arrangements shows in a clear and prominent manner and in a very visible position, before the traveller is bound by any contract or any corresponding offer for assisted travel arrangement and while giving the information referred to in Article 17, a visual yellow indicator, standardised at European level, that identifies the contract as part of a linked travel arrangement. The Commission shall be empowered to adopt technical standards in accordance with Article 18(b) to define these visual indicators, after having conducted due consumer testing in order to select the most appropriate measures for consumers.
Amendment 423 #
Proposal for a directive
Article 18 b (new)
Article 18 b (new)
Article 18b Technical standards 1. The power to adopt technical standards is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt technical standards referred to in Article 18(a) shall be conferred on the Commission for a period of [1 year] from the entry into force of this Regulation. 3. The delegation of powers referred to in Article18(a) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any technical standards already in force. 4. As soon as it adopts technical standards, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A technical standard adopted pursuant to Article 18(a) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [2 months] at the initiative of the European Parliament or the Council.
Amendment 426 #
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, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances. In this case the burden of proof shall rest on the retailer, who shall demonstrate the traveller's error.
Amendment 433 #
Proposal for a directive
Article 22
Article 22
Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. Member States shall furthermore ensure that adequate mechanisms are in place in order to ensure that no misleading practices from traders or organisers are in place, in particular creating the consumer's expectation to have rights and guarantees that are not provided alongside with a contract.