9 Amendments of Nora BERRA related to 2013/0246(COD)
Amendment 316 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser isand/or the retailer is/are responsible for the performance of the travel services included in the contract, irrespective of whether those services are to be performed by the organiser and/or the retailer or by other service providers.
Amendment 322 #
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 and/or the retailer shall remedy the lack of conformity, unless this is disproportionate.
Amendment 325 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser and/or the retailer shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, including where the traveller'’s return to the place of departure is not provided as agreed.
Amendment 329 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. If it is impossible for the organiser and/or the retailer 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 and/or the retailer 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 appropriate, compensate the traveller in accordance with Article 12.
Amendment 337 #
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 and/or the retailer shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller.
Amendment 350 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The traveller shall be entitled to receive compensation from the organiser and/or the retailer for any damage, including non- material damage, which the traveller sustains as a result of any lack of conformity.
Amendment 356 #
Proposal for a directive
Article 12 – paragraph 3 – point a – introductory part
Article 12 – paragraph 3 – point a – introductory part
(a) the organiser and/or the retailer proves(s) that the lack of conformity is:
Amendment 369 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the traveller fails to inform the organiser and/or the retailer 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 374 #
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 and/or the retailer. 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 and/or the retailer accordingly. In other cases, the contract may limit compensation to be paid by the organiser and/or the retailer 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.