Awaiting Council 1st reading position / budgetary conciliation convocation
2013/0246(COD) Package travel and assisted travel arrangements
Lead committee dossier: IMCO/7/13317
Legal Basis TFEU 114
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | IMCO | MAYER Hans-Peter (PPE) | COFFERATI Sergio Gaetano (S&D), SALVINI Matteo (EFD), HELLVIG Eduard-Raul (ALDE), DE JONG Dennis (GUE/NGL), MCCLARKIN Emma (ECR) |
| Opinion | JURI | ||
| Opinion | TRAN | LIBERADZKI Bogusław (S&D) |
Legal Basis TFEU 114
Subjects
Activites
- #3353
- 2014/12/04 Council Meeting
- #3317
- 2014/05/19 Council Meeting
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2014/03/12
Results of vote in Parliament
- Results of vote in Parliament
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T7-0222/2014
summary
The European Parliament adopted by 654 votes to 19 with 9 abstentions, a legislative resolution 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. Parliament’s position in first reading following the ordinary legislative procedure amended the Commission proposal as follows: Level of harmonisation and scope: the purpose of the directive is the achievement of a high and as uniform as possible level of consumer protection in respect of contracts on package travel and linked travel arrangements concluded between travellers and traders. Unless otherwise provided for, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in the Directive. Parliament stated that the scope will not cover: · packages put together and made available by natural or legal persons which do not secure any financial gain, either directly or indirectly, from this activity; · packages and linked travel arrangements purchased on the basis of a framework contract for business travel between a business on whose behalf the traveller is travelling and a trader; · ancillary services provided as a subsidiary element of the package, to ensure that traders, in particular small local travel agencies, do not unwittingly become package tour organisers simply by booking transport to the point of departure, for example a rail journey to the airport of departure; · 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. Pre-contractual information: the organiser will be required to communicate the following pre-contractual information to the traveller: · the travel destination(s), itinerary and periods of stay, with dates, and the number of nights included; · the approximate time of departure and return, where the exact time is not yet determined; · the official category of the accommodation assigned by the competent body in the place in which the accommodation is located; · the travel services provided to the traveller as a part of a group; · the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner; · information on the optional conclusion of an insurance policy to cover the costs of cancellation by the traveller or the cost of repatriation in the event of accident or illness; · information that the traveller or the organiser may terminate the contract at any time before the start of the package and upon the payment of an applicable reasonable standardised termination fee. Members deleted the requirement to communicate information on the language(s) in which the activities will be carried out. However, information about the trip’s suitability for persons with reduced mobility should be provided on request. 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. As regards compliance with the information requirements, the burden of proof shall be on the trader. Moreover, before the start of the package, the traveller should also receive: i) necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival; ii) all relevant contact details in case the traveller perceives any lack of conformity, and details of how the traveller should proceed; (iii) the name, geographical address, telephone number and e-mail address of a contact point whose assistance a traveller in difficulty could request. Changes to the package, price reductions or price increases: · Before the start of the package, the organiser may not unilaterally change significant contract terms other than the price. A change in the terms of a contract shall in particular be considered to be significant if the time of departure and return provided diverges by more than three hours from the actual time of departure or return or, if it is not within the part of the day indicated in the pre-contractual information. · A price increase may be passed on only if it exceeds 3 % of the total cost of the package. Any price reduction which exceeds 3 % of the total cost must be passed on. In the event of a price reduction, the organiser may charge an administrative fee of up to EUR 10 per traveller. Price changes must always be justified in writing. As the legal consequence of a price increase of more than 8 % or of a permissible, significant change to the package travel contract, in addition to the right of withdrawal with no financial penalty the traveller should also be given the option of taking up an equivalent package. If a traveller fails to reply to the letter informing him or her of the changes to the package travel contract or the price increase of more than 8 %, the package will be deemed to have been accepted at the increased price. Termination: the Commission proposal states that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. In the absence of standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses proved to have been saved by the organiser, which cannot be recovered, from the travel service providers or through alternative deployment of those services. Fees due for the termination of the contract, including administrative fees, shall not be disproportionate or excessive. The organiser shall provide a justification for the calculation of the amount of the compensation or the standardised termination fees. The burden of proof that the compensation is appropriate shall be on the organiser. Once the travel contract has been concluded, the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances such as war or natural disaster. This does not apply if the traveller was already aware of the circumstances at the time of reservation. Services included in the price: if any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity, provided the lack of conformity is reported by the traveller or is clear to the organiser and remedying it would not be disproportionate, unless the lack of conformity is attributable to the traveller. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, with service quality at least equivalent to that specified under the contract. If it is impossible for the organiser to offer suitable alternative arrangements and the services agreed in the contract have not been provided, the traveller must be compensated within 14 days. No-fault liability: the organiser should bear some measure of liability if it is not possible to ensure the traveller’s timely return because of unavoidable and extraordinary circumstances. If the organiser arranges accommodation himself, he should bear the cost for up to five nights, with no ceiling applied. If the traveller is required to book accommodation, however, the organiser may limit the cost of accommodation to EUR 125 per night per traveller. Insolvency protection: travellers must be protected against the insolvency of the organiser, the retailer or an undertaking involved in providing the assisted travel arrangements. However, in the context of insolvency, the repatriation of travellers should not necessarily take place immediately. Instead, a continuation of the trip should be offered if possible. Formal requirements for contracts: Member States shall ensure that all contracts covered by this Directive are in plain and intelligible language and, insofar as they are in writing, legible. The language of the contract shall be the same as that of the pre-contractual information.
- 2014/03/11 Debate in Parliament
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2014/02/18
Committee report tabled for plenary, 1st reading/single reading
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A7-0124/2014
summary
The Committee on the Internal Market and Consumer Protection adopted the report by Hans-Peter MAYER (EPP, DE) 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. The parliamentary committee recommended that the position of the European Parliament adopted at first reading under the ordinary legislative procedure modify the Commission proposal as follows. Scope: it is noted that the scope will not cover: · packages put together and made available by natural or legal persons which do not secure any financial gain, either directly or indirectly, from this activity; · packages and linked travel arrangements purchased on the basis of a framework contract for business travel between a business on whose behalf the traveller is travelling and a trader; · ancillary services provided as a subsidiary element of the package, to ensure that traders, in particular small local travel agencies, do not unwittingly become package tour organisers simply by booking transport to the point of departure, for example a rail journey to the airport of departure; · 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. Pre-contractual information: only the organiser should be required to communicate pre-contractual information to the traveller. This information should specify: · the travel destination(s), itinerary and periods of stay, with dates, and the number of nights included; · the official category of the accommodation assigned by the competent body in the place in which the accommodation is located; · the travel services provided to the traveller as a part of a group; · the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner; · information on the optional conclusion of an insurance policy to cover the costs of cancellation by the traveller or the cost of repatriation in the event of accident or illness; · information that the traveller or the organiser may terminate the contract at any time before the start of the package and upon the payment of an applicable reasonable standardised termination fee. Members deleted the requirement to communicate information on the language(s) in which the activities will be carried out. However, information about the trip’s suitability for persons with reduced mobility should be provided on request. 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. As regards compliance with the information requirements, the burden of proof shall be on the trader. Moreover, before the start of the package, the traveller should also receive: i) all relevant contact details in case the traveller perceives any lack of conformity, and details of how the traveller should proceed; ii) the name, geographical address, telephone number and e-mail address of a contact point whose assistance a traveller in difficulty could request. Changes to the package, price reductions or price increases: · A price increase may be passed on only if it exceeds 3 % of the total cost of the package. Any price reduction which exceeds 3 % of the total cost must be passed on. In the event of a price reduction, the organiser may charge an administrative fee of up to EUR 10 per traveller. Price changes must always be justified in writing. · As the legal consequence of a price increase of more than 8 % or of a permissible, significant change to the package travel contract, in addition to the right of withdrawal with no financial penalty the traveller should also be given the option of taking up an equivalent package. If a traveller fails to reply to the letter informing him or her of the changes to the package travel contract or the price increase of more than 8 %, the package will be deemed to have been accepted at the increased price. The burden of proof in respect of the provision of this information should lie with the organiser. Withdrawal: travellers should be able at any time to withdraw from the contract against payment of appropriate compensation. The burden of proof regarding the appropriateness of the compensation should lie with the organiser, since only he can outline what costs he has incurred, or not incurred. · Should a package be significantly affected by unavoidable and extraordinary circumstances, such as warfare or a natural disaster, the traveller should be able to withdraw without being required to pay compensation. This rule must not apply, however, if the relevant circumstances prevailed prior to the booking of the package and the traveller was aware of them. · The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances such as an accident or a serious illness, or death in the family, provided that these incidents are appropriately documented. No-fault liability: the organiser should bear some measure of liability if it is not possible to ensure the traveller’s timely return because of unavoidable and extraordinary circumstances. If the organiser arranges accommodation himself, he should bear the cost for up to five nights, with no ceiling applied. If the traveller is required to book accommodation, however, the organiser may limit the cost of accommodation to EUR 125 per night per traveller. Insolvency protection: Members considered that travellers must be protected against the insolvency of the organiser, the retailer or an undertaking involved in providing the assisted travel arrangements. However, in the context of insolvency, the repatriation of travellers should not necessarily take place immediately. Instead, a continuation of the trip should be offered if possible.
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A7-0124/2014
summary
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2014/02/11
Vote in committee, 1st reading/single reading
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2013/09/10
Committee referral announced in Parliament, 1st reading/single reading
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2013/07/09
Legislative proposal published
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COM(2013)0512
summary
PURPOSE: to enhance the functioning of the Internal Market and achieve a high level of consumer protection through the approximation of Member States’ legislative, regulatory and administrative rules on packages and other combinations of travel services. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: tourism plays a central role in Europe’s economy today. With some 1.8 million businesses, mostly SMEs, employing 5.2% of the total workforce, the European tourism industry is an engine for growth in the EU. The total contribution of European travel & tourism, including related sectors, accounts for around 10% of EU GDP. The travel market has evolved since the adoption of Directive 90/314/EEC. The Internet has become an increasingly important medium to offer travel services. Travel services are not only combined in the form of traditional pre-arranged packages, but are often combined in a customised fashion. Many of these travel products are either in a legal grey zone or are clearly not covered by Directive 90/314/EEC. It is therefore necessary to adapt the legislative framework to market developments, remove ambiguities and close legislative gaps. The modernisation of Directive 90/314/EEC responds to requests from the co-legislators and a large part of the industry and consumer organisations. A revision of the Directive is explicitly mentioned in the European Citizens' Report, the European Consumer Agenda and in the Single Market Act II. IMPACT ASSESSMENT: the Impact Assessment (IA) analysed eight policy options plus certain sub-options, including maintaining the status quo, the drawing up of guidelines, the introduction of a package travel “label”, self-regulation by the industry, various options to modernise the Directive, as well as the adoption of a “Travel Directive”. The chosen option is that of a graduated approach involving the modernisation of the Directive and the coverage of both one trader and multi-trader packages, while applying a lighter regime to “multi-trader” assisted travel arrangements. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union (TFEU). CONTENT: the proposed Directive seeks to clarify and modernise the scope of travellers' protection when purchasing combinations of travel services for the same trip or holiday by bringing within its scope different forms of on-line packages and assisted travel arrangements. The proposal will ensure that travellers are better informed about the services they are buying and grant them clearer remedies if something goes wrong. Package travel: the proposal: · lists specific pre-contractual information which organisers and, where applicable, retailers have to provide to travellers wishing to buy a package; · contains provisions on the content and the presentation of the contract or its confirmation, as well as on documents and information to be provided before the start of the package; · regulates the possibility and the consequence of price changes; · contains additional termination rights for travellers before the start of the package and grants travellers the right to terminate the contract without compensation in the event of unavoidable and extraordinary circumstances; · regulates the organiser's liability for the performance of the package and the obligation to provide assistance to the traveller; only the organiser is liable for the performance of the package; retailers involved in the booking of packages and assisted travel arrangements are liable for booking errors; · provides for the remedies available to the traveller in the event of the lack of performance and the improper performance of the services; · lays down the obligations to remedy the lack of conformity and to make suitable alternative arrangements for the continuation of the package where a significant proportion of the services cannot be provided as agreed in the contract. Where it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances, the organiser's obligation to bear the cost for the continued stay is limited to EUR 100 per night and three nights per traveller; · provides that only package organisers and retailers who facilitate the purchase of 'assisted travel arrangements' are subject to theobligation to provide insolvency protection; · provides that travellers may address messages, complaints or claims also to the retailer. Assisted travel arrangement: these are defined as 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. Retailers offering assisted travel arrangements would have to explain to travellers in a clear and prominent manner that only the relevant service providers are liable for performance of the services and that travellers will not benefit from any of the Union rights granted to package travellers, except the right to a refund of pre-payments and, where relevant, to repatriation in case the retailer itself or any of the service providers becomes insolvent. BUDGETARY IMPLICATIONS: the only operational costs relate to the preparation of the report on the application of this Directive, covering the preparatory work of an external contractor, i.e. operational appropriation of EUR 0.2 million under the Rights and Citizenship programme, as well as administrative expenditure of around EUR 0.184 million during seven years after the adoption of the Directive.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, REDING Viviane
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COM(2013)0512
summary
Documents
- Legislative proposal published: COM(2013)0512
- Committee report tabled for plenary, 1st reading/single reading: A7-0124/2014
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0222/2014
- Debate in Council: 3317
- Debate in Council: 3353
| Amendments | Dossier |
| 528 |
2013/0246(COD)
2013/12/19
IMCO
348 amendments...
Amendment 100 #
Proposal for a directive Recital 15 a (new) Amendment 101 #
Proposal for a directive Recital 15 b (new) (15b) If consumers 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 accordingly before payment is made.
Amendment 102 #
Proposal for a directive 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.
Amendment 103 #
Proposal for a directive Recital 16 (16)
Amendment 104 #
Proposal for a directive Recital 17 (17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with
Amendment 105 #
Proposal for a directive 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
Amendment 106 #
Proposal for a directive 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,
Amendment 107 #
Proposal for a directive 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
Amendment 108 #
Proposal for a directive 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
Amendment 109 #
Proposal for a directive 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
Amendment 110 #
Proposal for a directive 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.
Amendment 111 #
Proposal for a directive 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
Amendment 112 #
Proposal for a directive 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
Amendment 113 #
Proposal for a directive 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
Amendment 114 #
Proposal for a directive 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
Amendment 115 #
Proposal for a directive Recital 19 Amendment 116 #
Proposal for a directive Recital 19 Amendment 117 #
Proposal for a directive Recital 20 (20) The main characteristic of package travel is that at least one trader
Amendment 118 #
Proposal for a directive Recital 21 (21) In relation to packages, retailers should be responsible together with the organiser for the provision of pre- contractual information. At the same time it should be clarified that they are liable for booking errors in case they are actually involved in the booking process. Retailers should therefore not be liable for booking errors if those result from errors committed by another trader from which are procured additional travel services through linked online booking processes in the context of an assisted travel arrangement based on the mere transfer of targeted information including travel destination and travel period. In this case, the trader providing the additional travel services should be liable for the errors occurring in the booking process of such services. To facilitate communication, in particular in cross-
Amendment 119 #
Proposal for a directive Recital 23 (23) Key information, for example on the main characteristics of the travel services or the prices, provided in advertisements, on the organiser's website or in brochures as part of the pre-contractual information, should be binding, unless the organiser reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded.
Amendment 120 #
Proposal for a directive 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 121 #
Proposal for a directive Recital 23 a (new) (23a) Flight times should be a fixed part of the contract and one of the main characteristics of a travel service. They should not be allowed to be changed by more than 5 hours.
Amendment 122 #
Proposal for a directive 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 123 #
Proposal for a directive 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
Amendment 124 #
Proposal for a directive Recital 26 (
Amendment 125 #
Proposal for a directive 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
Amendment 126 #
Proposal for a directive Recital 27 (27) In specific situations, also the organiser should be entitled to terminate the contract before the start of the package without paying compensation, for instance if the minimum number of participants is not reached and where this possibility has been reserved in the contract. In such a situation, the organiser should adequately inform travellers who may be impacted by that clause.
Amendment 127 #
Proposal for a directive 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
Amendment 128 #
Proposal for a directive 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
Amendment 129 #
Proposal for a directive Recital 30 (30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights. Where the organiser and/or the retailer is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser and/or the retailer should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning
Amendment 130 #
Proposal for a directive Recital 30 (
Amendment 131 #
Proposal for a directive Recital 30 (30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights, the latter prevailing where applicable. Where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20 . Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the
Amendment 132 #
Proposal for a directive Recital 30 (30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights, the latter prevailing where applicable. Where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18 , the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20 . Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the organiser's obligation to bear the cost of the travellers' continued stay at the place of destination should be aligned with the Commission's proposal21 aimed to amend Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of
Amendment 133 #
Proposal for a directive 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 and/or the retailer, 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 organiser and/or the retailer's liability is without prejudice to the right to seek redress from third parties, including service providers. Member States should ensure that the organiser and the retailer have appropriate and accessible means of redress against third parties in this regard.
Amendment 134 #
Proposal for a directive 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.
Amendment 135 #
Proposal for a directive Recital 34 (34) Member States should ensure that travellers purchasing a package or a
Amendment 136 #
Proposal for a directive 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
Amendment 137 #
Proposal for a directive Recital 34 (34) Member States should ensure that travellers purchasing a package or an assisted travel arrangement are fully
Amendment 138 #
Proposal for a directive 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
Amendment 139 #
Proposal for a directive 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 140 #
Proposal for a directive Recital 37 (37) It is appropriate to protect travellers in situations where an organiser or a retailer arranges the booking of a package, or where a retailer arranges the booking of an assisted travel arrangement and where the organiser or the retailer makes mistakes in the booking process.
Amendment 141 #
Proposal for a directive 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 142 #
Proposal for a directive Recital 39 (39) It is necessary that Member States lay down penalties for infringements of
Amendment 143 #
Proposal for a directive Recital 43 (43) In accordance with the Joint Political Declaration of 28 September 2011 of Member States and the Commission
Amendment 144 #
Proposal for a directive Article 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
Amendment 145 #
Proposal for a directive Article 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
Amendment 146 #
Proposal for a directive 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
Amendment 147 #
Proposal for a directive 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
Amendment 148 #
Proposal for a directive 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 1
Amendment 149 #
Proposal for a directive Article 2 – paragraph 1 – subparagraph 1 (new) Member States may require not only traders, as defined in Article 3(7), but also any not-for-profit organisation that plans and/or sells packages, including on an occasional basis, to meet the obligations laid down in this Directive, with the exception of Article 17.
Amendment 150 #
Proposal for a directive 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 151 #
Proposal for a directive Article 2 – paragraph 2 – point a Amendment 152 #
Proposal for a directive Article 2 – paragraph 2 – point a Amendment 153 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) packages and
Amendment 154 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) packages
Amendment 155 #
Proposal for a directive Article 2 – paragraph 2 – point a a (new) (aa) packages and linked travel arrangements without any constitutive transport element;
Amendment 156 #
Proposal for a directive 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 157 #
Proposal for a directive 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 158 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages and assisted travel arrangements purchased
Amendment 159 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages and assisted travel arrangements purchased on the basis of a framework contract
Amendment 160 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages and assisted travel arrangements purchased
Amendment 161 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages
Amendment 162 #
Proposal for a directive Article 2 – paragraph 2 – point d Amendment 163 #
Proposal for a directive 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
Amendment 164 #
Proposal for a directive 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
Amendment 165 #
Proposal for a directive 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 th
Amendment 166 #
Proposal for a directive 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 167 #
Proposal for a directive 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 168 #
Proposal for a directive Article 2 – paragraph 2 – point e a (new) (ea) Business travel.
Amendment 169 #
Proposal for a directive Article 2 a (new) Article 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 170 #
Proposal for a directive Article 2 a (new) Article 2a Level of harmonisation 1. This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under European Union law and with the laws of the Member States. 2. Notwithstanding paragraph 1, the information requirements laid down in this Directive shall be comprehensive but without prejudice to the information requirements provided for in other applicable EU legislation (cf. Directives 2000/31/EC and 2006/123/EC, and Regulations (EC) No 1107/2006, (EC) No 1008/2008, (EC) No 1371/2007, (EC) No 181/2011, (EC) No 1177/2010 and (EC) No 211/2005).
Amendment 171 #
Proposal for a directive Article 3 – point 2 – introductory part (2) ‘package’ means a combination of carriage of passengers and at least
Amendment 172 #
Proposal for a directive Article 3 – point 2 – introductory part (2) ‘package’ means a combination of at least two different types of travel services (of which one must include the carriage of passengers) for the purpose of the same trip or holiday, if:
Amendment 173 #
Proposal for a directive 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,
Amendment 174 #
Proposal for a directive Article 3 – point 2 – point b – point i (i) purchased from a single point of sale within the same booking process
Amendment 175 #
Proposal for a directive Article 3 – point 2 – point b – point i Amendment 176 #
Proposal for a directive Article 3 – point 2 – point b – point i (i) purchased from a single point of sale
Amendment 177 #
Proposal for a directive Article 3 – point 2 – point b – point i (i) purchased from a single point of sale
Amendment 178 #
Proposal for a directive Article 3 – point 2 – point b – point ii (ii) offered or charged at an inclusive or total price, or
Amendment 179 #
Proposal for a directive Article 3 – point 2 – point b – point iii (iii) advertised or sold under the term 'package' or under a similar term, or
Amendment 180 #
Proposal for a directive Article 3 – point 2 – point b – point iv Amendment 181 #
Proposal for a directive Article 3 – point 2 – point b – point v Amendment 182 #
Proposal for a directive Article 3 – point 2 – point b – point v Amendment 183 #
Proposal for a directive Article 3 – point 2 – point b – point v Amendment 184 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online booking processes where the traveller's name or
Amendment 185 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online booking processes where both the traveller's
Amendment 186 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online booking processes where the traveller's name or
Amendment 187 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online or offline 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 188 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online booking processes where the traveller's name or
Amendment 189 #
Proposal for a directive 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 190 #
Proposal for a directive Article 3 – point 5 Amendment 191 #
Proposal for a directive Article 3 – point 5 – introductory part (5) ‘
Amendment 192 #
Proposal for a directive Article 3 – point 6 – introductory part (6)
Amendment 193 #
Proposal for a directive Article 3 – point 5 – point a (a) on the basis of separate bookings
Amendment 194 #
Proposal for a directive Article 3 – point 5 – point b (b) through
Amendment 195 #
Proposal for a directive Article 3 – point 5 – point b (b) through the procurement of additional travel services from another trader
Amendment 196 #
Proposal for a directive Article 3 – point 5 – point b (b) through the procurement of additional travel services
Amendment 197 #
Proposal for a directive 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
Amendment 198 #
Proposal for a directive Article 3 – point 6 (6) ‘
Amendment 199 #
Proposal for a directive Article 3 – point 6 a (new) (6a) ‘traveller’ means any person who is entitled to travel on the basis of a contract concluded within the scope of this Directive, including for professional purposes, whether or not he/she is the consumer who concluded the contract;
Amendment 200 #
Proposal for a directive Article 3 – point 7 (7) ‘trader’ means any person, who
Amendment 201 #
Proposal for a directive Article 3 – point 8 (8) ‘organiser’ means a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader or who facilitates the combination and procurement of such packages; where more than one trader meets any of the criteria referred to in point (b) of paragraph 2, all of those traders are considered as organisers, unless one of them is designated as organiser and the traveller is informed accordingly;
Amendment 202 #
Proposal for a directive Article 3 – point 8 (8) The 'organiser'
Amendment 203 #
Proposal for a directive Article 3 – point 9 – introductory part (9) ‘retailer’ means a trader other than the organiser who
Amendment 204 #
Proposal for a directive Article 3 – point 9 – point a Amendment 205 #
Proposal for a directive Article 3 – point 9 – point b Amendment 206 #
Proposal for a directive Article 3 – point 9 – point b Amendment 207 #
Proposal for a directive Article 3 – point 11 (11) ‘unavoidable and extraordinary circumstances’ means
Amendment 208 #
Proposal for a directive Article 3 – point 11 (11)
Amendment 209 #
Proposal for a directive Article 3 – point 11 (
Amendment 210 #
Proposal for a directive Article 3 – point 11 (11) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the trader or the traveller the consequences of which could not have been avoided even if all reasonable measures had been taken;
Amendment 211 #
Proposal for a directive Article 3 – point 12 (12)
Amendment 212 #
Proposal for a directive Article 3 – point 12 (12) ‘lack of conformity’ means lack of
Amendment 213 #
Proposal for a directive Article 3 – point 12 a (new) (12a) "data needed to conclude a booking transaction" means: credit card details or other information necessary to obtain a payment.
Amendment 214 #
Proposal for a directive Article 3 a (new) Article 3a Level of Harmonisation Member States may maintain or introduce, in their national law, more stringent provisions than those laid down in this Directive in order to ensure a higher level of consumer protection.
Amendment 215 #
Proposal for a directive 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
Amendment 216 #
Proposal for a directive Article 4 – paragraph 1 – point a – point ii (ii)
Amendment 217 #
Proposal for a directive 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 218 #
Proposal for a directive Article 4 – paragraph 1 – point a – point iii iii) the location
Amendment 219 #
Proposal for a directive 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 220 #
Proposal for a directive Article 4 – paragraph 1 – point c (c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance, the fact that the traveller may have to bear such additional costs; the total price must be presented in the form of a detailed invoice setting out all the costs of the travel service in a transparent manner, in particular the costs of booking alteration, cancellation or other changes to travel services; this invoice must be available to the traveller no later than the time of departure;
Amendment 221 #
Proposal for a directive Article 4 – paragraph 1 – point c a (new) (ca) the travel class booked, including any subclass, in a transparent and clearly recognisable form, together with its availability, cost and conditions in the event of booking alteration, cancellation or other changes;
Amendment 222 #
Proposal for a directive Article 4 – paragraph 1 – point c b (new) (cb) the available quotas in a given travel class including any costs payable in the event of a change to a different class or subclass;
Amendment 223 #
Proposal for a directive Article 4 – paragraph 1 – point e (e) the minimum number of persons required for the package to take place and a
Amendment 224 #
Proposal for a directive 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
Amendment 225 #
Proposal for a directive 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
Amendment 226 #
Proposal for a directive 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 227 #
Proposal for a directive Article 4 – paragraph 1 – point g a (new) (ga) the conditions for the termination of the contract by the traveller or the organiser before the start of the package;
Amendment 228 #
Proposal for a directive 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 229 #
Proposal for a directive Article 4 – paragraph 1 – point g a (new) ga) the possibility of cancelling the contract, the deadlines for this and, where applicable, the penalty set for doing so.
Amendment 230 #
Proposal for a directive Article 4 – paragraph 1 – point g b (new) (gb) where appropriate, information regarding risks arising from warfare and natural disasters;
Amendment 231 #
Proposal for a directive Article 4 – paragraph 1 – point g b (new) gb) the possibility of transferring the package travel contract to another traveller, and possible limitations on, and consequences of, that transfer.
Amendment 232 #
Proposal for a directive Article 4 – paragraph 1 – point g c (new) (gc) where appropriate, information on the insolvency protection and liability insurance of the organiser.
Amendment 233 #
Proposal for a directive Article 4 – paragraph 1 – point g c (new) gc) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the operator is subject and the methods for having access to this.
Amendment 234 #
Proposal for a directive 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 235 #
Proposal for a directive 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) 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 2. The information referred to in paragraph 1 shall be provided in a clear, comprehensible and prominent manner.
Amendment 238 #
Proposal for a directive 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 239 #
Proposal for a directive Article 4 – paragraph 2 2. The information referred to in paragraph 1 shall be provided in
Amendment 240 #
Proposal for a directive Article 4 – paragraph 2 2. The information referred to in paragraph 1 shall be provided in a clear, accessible and prominent manner.
Amendment 241 #
Proposal for a directive 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 1.
Amendment 243 #
Proposal for a directive 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 244 #
Proposal for a directive 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) and (g) 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
Amendment 245 #
Proposal for a directive Article 5 – paragraph 2 2. If the information on additional charges, fees or other costs referred to in point (c) of Article 4(1) is not provided in writing prior to the conclusion of the contract, the traveller shall not bear those fees, charges or other costs. However, if the travel organiser draws attention to this and informs the traveller accordingly, the traveller should be obliged to bear the costs.
Amendment 246 #
Proposal for a directive Article 5 – paragraph 3 3. At or
Amendment 247 #
Proposal for a directive Article 5 – paragraph 3 3. At or
Amendment 248 #
Proposal for a directive Article 5 – paragraph 3 3. At or immediately after the conclusion of the contract, the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract
Amendment 249 #
Proposal for a directive Article 5 – paragraph 3 a(new) 3a. The pre-contractual information provided to the traveller shall be binding on the organiser and shall constitute a part of the contract.
Amendment 250 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that package travel contracts are in plain, accessible and intelligible language and, in so far as they are in writing, legible.
Amendment 251 #
Proposal for a directive Article 6 – paragraph 1 1.
Amendment 252 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. The text of the contract or the confirmation of the contract shall
Amendment 253 #
Proposal for a directive Article 6 – paragraph 2 – point a (a) where possible, special requirements of the traveller which the organiser has accepted;
Amendment 254 #
Proposal for a directive Article 6 – paragraph 2 – point b – introductory part (b) information that the organiser and/or the retailer is:
Amendment 255 #
Proposal for a directive Article 6 – paragraph 2 – point b – point ii Amendment 256 #
Proposal for a directive Article 6 – paragraph 2 – point b a (new) (ba) information that the organiser is obliged to provide assistance if the traveller is in difficulty in accordance with Article 14;
Amendment 257 #
Proposal for a directive Article 6 – paragraph 2 – point c Amendment 258 #
Proposal for a directive Article 6 – paragraph 2 – point d Amendment 259 #
Proposal for a directive Article 6 – paragraph 2 – point e Amendment 260 #
Proposal for a directive Article 6 – paragraph 2 – point g a (new) (ga) the name and contact details of any carrier to whom the traveller should address any claim for compensation under Article 12(4);
Amendment 261 #
Proposal for a directive Article 6 – paragraph 3 3. The information referred to in paragraph 2 shall be provided in a clear, comprehensible and prominent manner.
Amendment 262 #
Proposal for a directive 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
Amendment 263 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that a traveller may, after giving the organiser or 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 264 #
Proposal for a directive 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 265 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that a traveller may, after giving the organiser reasonable notice, but no later than seven days before departure, 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 266 #
Proposal for a directive Article 7 – paragraph 2 2. The transferor of the contract and the transferee sh
Amendment 267 #
Proposal for a directive 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. Th
Amendment 268 #
Proposal for a directive 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 269 #
Proposal for a directive 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 270 #
Proposal for a directive Article 8 – paragraph 1 – point a (a) in the price of passenger transport services resulting from the cost of fuel for the carriage of passengers,
Amendment 271 #
Proposal for a directive Article 8 – paragraph 1 – point b (b)
Amendment 272 #
Proposal for a directive Article 8 – paragraph 2 2. The price increase referred to in paragraph 1 shall not exceed
Amendment 273 #
Proposal for a directive Article 8 – paragraph 2 2. The price increase referred to in paragraph 1 shall not exceed
Amendment 274 #
Proposal for a directive Article 8 – paragraph 2 2. The price increase referred to in paragraph 1 shall not exceed
Amendment 275 #
Proposal for a directive Article 8 – paragraph 3 3. The price increase referred to in paragraph 1 shall be valid only if the organiser, without undue delay, notifies the traveller
Amendment 276 #
Proposal for a directive 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
Amendment 277 #
Proposal for a directive 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
Amendment 278 #
Proposal for a directive 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
Amendment 279 #
Proposal for a directive Article 8 – paragraph 3 a (new) 3α. If travellers do not accept the price increase referred to in paragraph 2, they shall be entitled to terminate the contract without penalty on the grounds that the terms thereof have been altered.
Amendment 280 #
Proposal for a directive 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
Amendment 281 #
Proposal for a directive Article 9 – paragraph 1 – point a Amendment 282 #
Proposal for a directive Article 9 – paragraph 1 – point b Amendment 283 #
Proposal for a directive Article 9 – paragraph 1 – point b Amendment 284 #
Proposal for a directive Article 9 – paragraph 1 – point c Amendment 285 #
Proposal for a directive Article 9 – paragraph 1 – point c Amendment 286 #
Proposal for a directive 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
Amendment 287 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. If, before the start of the package, the organiser is constrained to alter
Amendment 288 #
Proposal for a directive 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
Amendment 289 #
Proposal for a directive 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 and, provided that the consumer has supplied his/her contact details, by any other means of communication of:
Amendment 290 #
Proposal for a directive Article 9 – paragraph 2 – point a Amendment 291 #
Proposal for a directive Article 9 – paragraph 2 – point a Amendment 292 #
Proposal for a directive Article 9 – paragraph 2 – point b Amendment 293 #
Proposal for a directive Article 9 – paragraph 2 – point b Amendment 294 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) the fact that the
Amendment 295 #
Proposal for a directive Article 9 – paragraph 2 – point b (b) where the changes will significantly change the make-up of the package, the fact that the traveller may terminate the contract without penalty within a specified reasonable time-limit and that otherwise the proposed alteration will be considered as accepted.
Amendment 296 #
Proposal for a directive 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 297 #
Proposal for a directive Article 9 – paragraph 3 3. Where the changes to the contract or the substitute offer 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 298 #
Proposal for a directive 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 4. If the contract is terminated
Amendment 300 #
Proposal for a directive Article 9 – paragraph 4 4. If the contract is terminated pursuant to point (
Amendment 301 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. The contract may 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
Amendment 302 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package
Amendment 303 #
Proposal for a directive Article 10 – paragraph 2 2. The traveller shall have the right to terminate the contract before the start of the package without compensation i
Amendment 304 #
Proposal for a directive Article 10 – paragraph 2 2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at or on the way to the place of destination or in its immediate vicinity and significantly affecting the package which mean that the organiser has to make significant alterations to essential elements of the package travel contract.
Amendment 305 #
Proposal for a directive Article 10 – paragraph 2 2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package. Unavoidable and extraordinary circumstances shall be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling place of destination.
Amendment 306 #
Proposal for a directive Article 10 – paragraph 2 2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity
Amendment 307 #
Proposal for a directive Article 10 – paragraph 2 Amendment 308 #
Proposal for a directive Article 10 – paragraph 2 a (new) 2α. Travellers shall be entitled to terminate the contract before the start of the package without penalty in case of unavoidable and exceptional circumstances affecting them, for example a serious accident, serious illness or death in the family, provided that such incidents are appropriately documented.
Amendment 309 #
Proposal for a directive 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
Amendment 310 #
Proposal for a directive 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
Amendment 311 #
Proposal for a directive 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
Amendment 312 #
Proposal for a directive Article 10 – paragraph 3 – point b (
Amendment 313 #
Proposal for a directive Article 10 – paragraph 4 4. In cases of termination under paragraphs 1, 2 and 3, the organiser shall reimburse any undue payment made by the traveller within
Amendment 314 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser
Amendment 315 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser
Amendment 316 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser
Amendment 317 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser and/or the retailer is 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 318 #
Proposal for a directive Article 11 – paragraph 1 – subparagraph 1 (new) All operators which are joint parties to the contract – be they organisers or retailers – shall have joint responsibility in respect of consumers, regardless of what kind of undertaking they are and of the relationship between them, and this without prejudice to the right of recourse of the entity responsible vis-à-vis consumers against the entity not fulfilling or not correctly performing the contract in its respective area of management of the travel package.
Amendment 319 #
Proposal for a directive Article 11 – paragraph 2 2. If any of the services are not performed in accordance with the contract, the
Amendment 320 #
Proposal for a directive Article 11 – paragraph 2 2. If any of the services are not performed in accordance with the contract, the organiser or, where relevant, the retailer, each in its respective area of management of the contract, shall remedy the lack of conformity, unless this is disproportionate.
Amendment 321 #
Proposal for a directive 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 322 #
Proposal for a directive 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 323 #
Proposal for a directive 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
Amendment 324 #
Proposal for a directive Article 11 – paragraph 3 3. Where a significant proportion of the services representing at least 20% of the total contract price or constituting an essential feature of the trip or holiday cannot be provided as agreed in the contract, the organiser 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 325 #
Proposal for a directive 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
Amendment 326 #
Proposal for a directive 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 327 #
Proposal for a directive 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
Amendment 328 #
Proposal for a directive 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
Amendment 329 #
Proposal for a directive 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 330 #
Proposal for a directive Article 11 – paragraph 5 Amendment 331 #
Proposal for a directive 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 1
Amendment 332 #
Proposal for a directive Article 11 – paragraph 5 5. As long as it is impossible to ensure the traveller's timely return because of unavoidable and extraordinary circumstances,
Amendment 333 #
Proposal for a directive Article 11 – paragraph 5 5. As long as it is impossible to ensure the traveller
Amendment 334 #
Proposal for a directive 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
Amendment 335 #
Proposal for a directive 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
Amendment 336 #
Proposal for a directive Article 11 – paragraph 5 5. As long as it is impossible to ensure the traveller
Amendment 337 #
Proposal for a directive Article 11 – paragraph 5 5. As long as it is impossible to ensure the traveller
Amendment 338 #
Proposal for a directive 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 afford the traveller – at his request – the assistance referred to in Article 14, but shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller.
Amendment 339 #
Proposal for a directive 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 340 #
Proposal for a directive 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
Amendment 341 #
Proposal for a directive 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.
Amendment 342 #
Proposal for a directive Article 11 – paragraph 6 6.
Amendment 343 #
Proposal for a directive 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
Amendment 344 #
Proposal for a directive 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 and/or the retailer has been notified of their particular needs at least 48 hours before the start of the package. The organiser and/or the retailer 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 345 #
Proposal for a directive 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 346 #
Proposal for a directive Article 11 – paragraph 7 a (new) 7a. With regard to the damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organizer and the retailer are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because: - the failures which occur in the performance of the contract are attributable to the traveller, - such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseeable or unavoidable, - such failures are due unavoidable and extraordinary circumstances as defined by Article 3 (11).
Amendment 347 #
Proposal for a directive 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 348 #
Proposal for a directive Article 12 – paragraph 1 – point a (a) any period during which the
Amendment 349 #
Proposal for a directive 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,
Amendment 350 #
Proposal for a directive 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 351 #
Proposal for a directive Article 12 – paragraph 2 a (new) Amendment 352 #
Proposal for a directive Article 12 – paragraph 3 – introductory part 3.
Amendment 353 #
Proposal for a directive Article 12 – paragraph 3 – introductory part 3. The traveller shall not be entitled to
Amendment 354 #
Proposal for a directive Article 12 – paragraph 3 – point a – introductory part (a) the organiser and/or the retailer proves that the lack of conformity is:
Amendment 355 #
Proposal for a directive Article 12 – paragraph 3 – point a – introductory part (a) the
Amendment 356 #
Proposal for a directive Article 12 – paragraph 3 – point a – introductory part (a) the organiser and/or the retailer prove
Amendment 357 #
Proposal for a directive Article 12 – paragraph 3 – point a – point i Amendment 358 #
Proposal for a directive Article 12 – paragraph 3 – point a – point ii Amendment 359 #
Proposal for a directive Article 12 – paragraph 3 – point a – point ii Amendment 360 #
Proposal for a directive Article 12 – paragraph 3 – point a – point iii Amendment 361 #
Proposal for a directive Article 12 – paragraph 3 – point a – point iii (iii) due to
Amendment 362 #
Proposal for a directive Article 12 – paragraph 3 – point a – point iii (
Amendment 363 #
Proposal for a directive Article 12 – paragraph 3 – point a – point iii (iii) due to unavoidable, unforeseeable and extraordinary circumstances or
Amendment 364 #
Proposal for a directive Article 12 – paragraph 3 – point b Amendment 365 #
Proposal for a directive Article 12 – paragraph 3 – point b Amendment 366 #
Proposal for a directive Article 12 – paragraph 3 – point b (b)
Amendment 367 #
Proposal for a directive Article 12 – paragraph 3 – point b (b) the traveller fails to inform the organiser
Amendment 368 #
Proposal for a directive 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 369 #
Proposal for a directive 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 370 #
Proposal for a directive Article 12 – paragraph 4 4.
Amendment 371 #
Proposal for a directive 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.
Amendment 372 #
Proposal for a directive Article 12 – paragraph 4 4.
Amendment 373 #
Proposal for a directive 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
Amendment 374 #
Proposal for a directive 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.
Amendment 375 #
Proposal for a directive Article 12 – paragraph 6 6. The prescription period for introducing claims under this Article shall not be shorter than
Amendment 376 #
Proposal for a directive Article 12 – paragraph 6 6. The prescription period for introducing claims under this Article shall not be shorter than
Amendment 377 #
Proposal for a directive Article 12 – paragraph 6 6. The prescription period for introducing claims under this Article shall not be shorter than one year from the date on which the traveller reaches his return destination.
Amendment 378 #
Proposal for a directive Article 13 Member States shall ensure that the traveller may address messages, complaints or claims in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, complaints or claims to the organiser without undue delay. If tour operators do not respond in writing to the message, complaint or claim related to the performance of the package within 30 days of receipt by the operator, it shall be assumed that the operator has found the message, complaint or claim to be legitimate. For the purpose of compliance with time-limits or prescription periods, receipt of the notifications by the retailer shall be considered as receipt by the organiser.
Amendment 379 #
Proposal for a directive 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 380 #
Proposal for a directive Article 14 – paragraph 1 – introductory part Member States shall ensure that the organiser
Amendment 381 #
Proposal for a directive Article 14 – paragraph 1 – introductory part Member States shall ensure that the organiser gives prompt assistance to the traveller in difficulty
Amendment 382 #
Proposal for a directive Article 14 – paragraph 1 – point b (b) assisting the traveller
Amendment 383 #
Proposal for a directive 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 384 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers
Amendment 385 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers
Amendment 386 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of assisted travel arrangements
Amendment 387 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of
Amendment 388 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers and retailers facilitating the procurement of package travel and 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 389 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers and/or retailers in case of a package 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 390 #
Proposal for a directive 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 391 #
Proposal for a directive Article 15 – paragraph 2 2. The insolvency protection referred to in paragraph 1 shall take into account the actual financial risk of the relevant trader's activities. It shall benefit travellers regardless of their place of residence, the place of departure or where the package
Amendment 392 #
Proposal for a directive Article 15 – paragraph 2 2. The insolvency protection referred to in paragraph 1 shall take into account the actual financial risk of the relevant trader's activities. It shall benefit travellers regardless of their place of residence, the place of departure or where the package
Amendment 393 #
Proposal for a directive 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 394 #
Proposal for a directive 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.
Amendment 395 #
Proposal for a directive 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
Amendment 396 #
Proposal for a directive 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
Amendment 397 #
Proposal for a directive Article 16 – paragraph 1 1. Member States shall recognise as meeting the requirements of their
Amendment 398 #
Proposal for a directive 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 and/or a retailer in case of a package, or a retailer facilitating the procurement of assisted travel arrangements, under the rules of its Member State of establishment transposing Article 15.
Amendment 399 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. The Commission should draw up a consistent formula for bonding across the Member States in order to ensure uniformity and to avoid security shopping across the Union. Stakeholders should be consulted as regards how such a formula is calculated.
Amendment 400 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the
Amendment 401 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers
Amendment 402 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and/or retailers in the case of a package and retailers facilitating the procurement of assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 403 #
Proposal for a directive 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
Amendment 404 #
Proposal for a directive 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
Amendment 405 #
Proposal for a directive Article 16 – paragraph 3 3. The central contact points shall make available to each other all necessary information on their
Amendment 406 #
Proposal for a directive 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/or retailers in case of a package, and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 407 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an organiser
Amendment 408 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an organiser
Amendment 409 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an organiser and/or a retailer in case of a package, or of a retailer facilitating the procurement of assisted travel arrangements, which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them.
Amendment 410 #
Proposal for a directive Article 17 Amendment 411 #
Proposal for a directive Article 17 Amendment 412 #
Proposal for a directive Article 17 – paragraph 1 – introductory part Member States shall ensure that, before
Amendment 413 #
Proposal for a directive 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 414 #
Proposal for a directive Article 17 – paragraph 1 – point b a (new) ba) that the traveller is entitled to receive a detailed invoice setting out all the costs of the travel service in a transparent manner, in particular the costs of booking alteration, cancellation or other changes to travel services; this invoice must be available to the traveller no later than the time of departure;
Amendment 415 #
Proposal for a directive Article 17 – paragraph 1 – point b a (new) (ba) that the consumer will, however, benefit from the rights granted by Directive 2011/83/EU except where this Directive provides otherwise.
Amendment 416 #
Proposal for a directive Article 17 – paragraph 1 – point b b (new) bb) the travel class booked, including any subclass, in a transparent and clearly recognisable form, together with its availability, cost and conditions in the event of booking alteration, cancellation or other changes;
Amendment 417 #
Proposal for a directive Article 17 – paragraph 1 – point b c (new) bc) the available quotas in a given travel class including any costs payable in the event of a change to a different class or subclass;
Amendment 418 #
Proposal for a directive 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 419 #
Proposal for a directive Article 17 a (new) Article 17a Information of the retailer regarding additional travel services booked in the framework of assisted travel arrangements through linked online booking processes Traders providing additional travel services in the framework of assisted travel arrangements as defined in Article 3, paragraph 5, point b shall ensure that the retailer concerned is properly informed of the confirmed booking of additional travel services, which consequently constitute with the first travel service booked an assisted travel arrangement, thereby triggering the liability and obligations of the retailer incumbent on it under this Directive.
Amendment 420 #
Proposal for a directive 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 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 422 #
Proposal for a directive 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 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 424 #
Proposal for a directive 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
Amendment 425 #
Proposal for a directive Article 19 Member States shall ensure that a retailer who has agreed to arrange the booking of a package
Amendment 426 #
Proposal for a directive 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
Amendment 427 #
Proposal for a directive 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
Amendment 428 #
Proposal for a directive Article 19 Member States shall ensure that an organiser who arranges the booking of a package, or 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 in case they are actually involved in the booking process, unless such errors are attributable to the traveller
Amendment 429 #
Proposal for a directive Article 19 Amendment 430 #
Proposal for a directive 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
Amendment 431 #
Proposal for a directive Article 20 In cases where an organiser or, in accordance with Articles 11, 12, 15 or 18, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on it under this Directive,
Amendment 432 #
Proposal for a directive Article 21 – paragraph 2 2. Travellers may not waive the rights conferred on them by the
Amendment 433 #
Proposal for a directive 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.
Amendment 434 #
Proposal for a directive Article 23 Member States shall lay down the rules on penalties which enforcement bodies may impose on traders for infringing the
Amendment 435 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 88 #
Proposal for a directive 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
Amendment 89 #
Proposal for a directive 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 certain aspects of package contracts and
Amendment 90 #
Proposal for a directive Recital 6 (6) The cross-border potential of the package travel market in the Union is currently not fully exploited.
Amendment 91 #
Proposal for a directive 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 92 #
Proposal for a directive 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.
Amendment 93 #
Proposal for a directive Recital 7 (7) The majority of travellers buying packages are consumers
Amendment 94 #
Proposal for a directive Recital 8 (8) Since travel services may be combined in many different ways, it is appropriate to consider as packages all combinations of travel services that display features which travellers typically associate with packages, notably that separate travel services are bundled together into a single travel product for which the organiser and/or the retailer assumes responsibility for proper performance. In accordance with the case law of the Court of Justice of the European Union16 , it should make no difference whether travel services are combined before any contact with the traveller or at the request of or according to the selection made by the traveller. The same principles should apply irrespective of whether the booking is made through a high street travel agent or online. __________________ 16 See Judgment in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves Garrido and Club Med Viagens Ld, ECR 2002, I-04051.
Amendment 95 #
Proposal for a directive Recital 9 (9) For the sake of transparency, packages should be distinguished from assisted travel arrangements, where online or high street agents assist travellers in combining travel services leading the traveller to conclude contracts with different providers of travel services, including through linked booking processes in a targeted manner, which do not contain those features and in relation to which it would not be appropriate to apply all obligations applying to packages.
Amendment 96 #
Proposal for a directive 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
Amendment 97 #
Proposal for a directive 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 links through which travellers are simply informed about further travel services in a general fashion and not in a targeted manner, 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 on websites advertisements
Amendment 98 #
Proposal for a directive Recital 13 (13) Particular rules should be laid down for both high street and on-line retailers which assist travellers, on the occasion of a single visit or contact with their own point of sale, in concluding separate contracts with individual service providers and for online retailers which, through linked online booking processes, facilitate the procurement of additional travel services from another trader in a targeted manner which implies a transfer between the traders of data related specifically to the first travel service (including travel destination and travel period), without a transfer of the traveller's personal data, at the latest when the booking of the first service is confirmed by email. These rules would apply for example, where,
Amendment 99 #
Proposal for a directive 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.
source: PE-526.125
2013/12/20
TRAN
180 amendments...
Amendment 100 #
Proposal for a directive 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
Amendment 101 #
Proposal for a directive 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 certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts on package travel
Amendment 102 #
Proposal for a directive Article 1 a (new) Article 1a Level of harmonisation This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under Union law.
Amendment 103 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply to packages offered for sale or sold by traders to travellers, or whose purchase by travellers is facilitated by the traders, with the exception of Article 17, and to assisted travel arrangements with the exception of Articles 4 to 14, Articles 18 and Article 21(1).
Amendment 104 #
Proposal for a directive Article 2 – paragraph 1 1. This Directive shall apply
Amendment 105 #
Proposal for a directive 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
Amendment 106 #
Proposal for a directive 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 107 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) packages and
Amendment 108 #
Proposal for a directive Article 2 – paragraph 2 – point a (a) packages
Amendment 109 #
Proposal for a directive 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 110 #
Proposal for a directive Article 2 – paragraph 2 – point c Amendment 111 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages and assisted travel arrangements purchased
Amendment 112 #
Proposal for a directive Article 2 – paragraph 2 – point c (c) packages
Amendment 113 #
Proposal for a directive 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 114 #
Proposal for a directive Article 2 – paragraph 2 – point e Amendment 115 #
Proposal for a directive 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 116 #
Proposal for a directive Article 3 – point 1 – point c c)
Amendment 117 #
Proposal for a directive Article 3 – point 1 – point d d) any other tourist service not ancillary to
Amendment 118 #
Proposal for a directive Article 3 – point 2 – point d a (new) (da) related insurance services or services referred to in points (a)-(d)
Amendment 119 #
Proposal for a directive Article 3 – point 2 – introductory part (2) ‘package’ means a combination of carriage of passengers and at least
Amendment 120 #
Proposal for a directive Article 3 – point 2 – point b – introductory part (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services
Amendment 121 #
Proposal for a directive 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 122 #
Proposal for a directive Article 3 – point 3 – point b – point ii Amendment 123 #
Proposal for a directive Article 3 – point 2 – point b – point v v) purchased from separate traders through linked online booking processes where the traveller
Amendment 124 #
Proposal for a directive Article 3 – point 2 – point b – point v (v) purchased from separate traders through linked online booking processes where the traveller's name or
Amendment 125 #
Proposal for a directive Article 3 – point 5 Amendment 126 #
Proposal for a directive Article 3 – point 5 – introductory part (5)
Amendment 127 #
Proposal for a directive Article 3 – point 5 – introductory part (5) ‘
Amendment 128 #
Proposal for a directive Article 3 – point 5 – introductory part (5) ‘
Amendment 129 #
Proposal for a directive Article 3 – point 5 – point a (a) on the basis of separate bookings
Amendment 130 #
Proposal for a directive Article 3 – point 5 – point b (b) through the procurement of additional travel services
Amendment 131 #
Proposal for a directive Article 3 – point 5 – point b (b) through the procurement of additional travel services from another trader in a targeted manner through inclusive linked online booking processes at the latest when the booking of the first service is confirmed;
Amendment 132 #
Proposal for a directive 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 in which the traveller’s name, details and credit card data required for the payment of the booking are transferred from one trader to another at the latest when the booking of the first service is confirmed;
Amendment 133 #
Proposal for a directive Article 3 – point 8 (8)
Amendment 134 #
Proposal for a directive Article 3 – point 9 – point b Amendment 135 #
Proposal for a directive Article 3 – point 9 – point b a (new) (b a) where an additional service is provided to the customer as part of a package.
Amendment 136 #
Proposal for a directive Article 3 – point 11 (11) ‘unavoidable and extraordinary circumstances’ means
Amendment 137 #
Proposal for a directive Article 3 – point 12 a (new) Amendment 138 #
Proposal for a directive Article 3 – point 12 a (new) (12 a) ‘contract’ means the agreement linking the consumer with the organiser and/or retailer.
Amendment 139 #
Proposal for a directive Article 4 – paragraph 1 – introductory part 1. Member States shall ensure that, before the traveller is bound by any package travel
Amendment 140 #
Proposal for a directive Article 4 – paragraph 1 – point a – point iii iii) the location, main features and tourist category of the accommodation
Amendment 141 #
Proposal for a directive Article 4 – paragraph 1 – point a – point vi Amendment 142 #
Proposal for a directive Article 4 – paragraph 1 – point a – point vii vii) upon request, whether access for persons with reduced mobility is guaranteed throughout the trip or holiday;
Amendment 143 #
Proposal for a directive Article 4 – paragraph 1 – point a – point vii (vii) whether access for persons with reduced mobility, children below a certain age or pregnant women is guaranteed throughout the trip or holiday;
Amendment 144 #
Proposal for a directive Article 4 – paragraph 1 – point c c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance, the fact that the traveller may have to bear such additional costs and the nature of such costs;
Amendment 145 #
Proposal for a directive Article 4 – paragraph 1 – point e Amendment 146 #
Proposal for a directive Article 4 – paragraph 1 – point e (e) the minimum number of persons required for the package to take place and a time-limit
Amendment 147 #
Proposal for a directive Article 4 – paragraph 1 – point f Amendment 148 #
Proposal for a directive Article 4 – paragraph 1 – point f f) general information on passport and visa requirements, as well as any other formalities or requirements concerning identification and movement that may be applicable to travellers, including approximate periods for obtaining visas, for nationals of the Member State(s) concerned and information on health formalities;
Amendment 149 #
Proposal for a directive 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 150 #
Proposal for a directive Article 4 – paragraph 2 a (new) 2a. Where insurance linked to travel is offered the traveller shall be informed in all cases of the risk covered and that taking out such insurance is voluntary.
Amendment 151 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that the organiser and/or retailer may not change the information made known to the traveller pursuant to
Amendment 152 #
Proposal for a directive Article 5 – paragraph 2 2. If the information on additional charges, fees or other costs referred to in point (c) of Article 4 is not provided in writing prior to the conclusion of the contract, the traveller shall not bear those fees, charges or other costs.
Amendment 153 #
Proposal for a directive Article 5 – paragraph 3 3. At or
Amendment 154 #
Proposal for a directive Article 5 – paragraph 3 3. At or immediately after the conclusion of the contract, the organiser and/or retailer shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium.
Amendment 155 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Member States may maintain or introduce in their national law language requirements regarding contractual information so as to ensure that such information is easily understood by the consumer.
Amendment 156 #
Proposal for a directive Article 6 – paragraph 2 – point a (a) special requirements of the traveller which the organiser and/or retailer has accepted;
Amendment 157 #
Proposal for a directive Article 6 – paragraph 2 – point b – introductory part (b) information that the organiser and/or retailer is:
Amendment 158 #
Proposal for a directive Article 6 – paragraph 2 – point b – point iii iii) obliged, together with the retailer, to procure insolvency protection for refund and repatriation in accordance with Article 15, as well as the name of the entity providing the insolvency protection and its contact details, including its geographical address;
Amendment 159 #
Proposal for a directive Article 6 – paragraph 2 – point c (c) the details of a contact point
Amendment 160 #
Proposal for a directive Article 6 – paragraph 2 – point c c) the details of
Amendment 161 #
Proposal for a directive Article 6 – paragraph 2 – point d (d) the name, geographical address, telephone number and e-mail address of the organiser
Amendment 162 #
Proposal for a directive Article 6 – paragraph 2 – point f (f) where unaccompanied minors travel on a package that includes accommodation, information enabling direct contact with the unaccompanied minor or the person responsible at the minor's place of stay;
Amendment 163 #
Proposal for a directive Article 6 – paragraph 2 – point g a (new) (ga) nature and terms of insurance contract where applicable;
Amendment 164 #
Proposal for a directive Article 6 – paragraph 4 4. In good time before the start of the package, the organiser shall provide the traveller with the necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival, as well as all information referred to in paragraph 2 (c).
Amendment 165 #
Proposal for a directive Article 6 – paragraph 4 4. In good time before the start of the package, the organiser and/or the retailer shall provide the traveller with the necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival.
Amendment 166 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that a traveller may, after giving the organiser and/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 167 #
Proposal for a directive 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 costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser and/or the retailer.
Amendment 168 #
Proposal for a directive 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
Amendment 169 #
Proposal for a directive Article 8 – paragraph 1 – introductory part 1.
Amendment 170 #
Proposal for a directive Article 8 – paragraph 1 – introductory part 1. Member States shall ensure that no price
Amendment 171 #
Proposal for a directive Article 8 – paragraph 1 – introductory part 1. Member States shall ensure that prices are not subject to revision, unless the contract expressly reserves the possibility of an increase and obliges the organiser and/or the retailer to reduce prices to the same extent as a direct consequence of changes:
Amendment 172 #
Proposal for a directive Article 8 – paragraph 2 2. The price increase referred to in paragraph 1 shall not exceed
Amendment 173 #
Proposal for a directive Article 8 – paragraph 3 3. The price increase referred to in paragraph 1 shall be valid only if the organiser, without undue delay, notifies the traveller
Amendment 174 #
Proposal for a directive Article 8 – paragraph 3 3. The price increase referred to in paragraph 1 shall be valid only if the organiser and/or the retailer notifies the traveller of it with a justification and calculation on a durable medium at the latest
Amendment 175 #
Proposal for a directive 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
Amendment 176 #
Proposal for a directive Article 9 – paragraph 1 – introductory part 1. Member States shall ensure that, before the start of the package, the organiser and/or the retailer may not unilaterally change contract terms other than the price, unless:
Amendment 177 #
Proposal for a directive Article 9 – paragraph 1 – point a (a) the organiser and/or the retailer has reserved that right in the contract,
Amendment 178 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) the organiser and/or the retailer informs the traveller in a clear and prominent manner on a durable medium.
Amendment 179 #
Proposal for a directive Article 9 – paragraph 2 – introductory part 2. If, before the start of the package, the organiser and/or the retailer 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
Amendment 180 #
Proposal for a directive 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 for reasons beyond his control, 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
Amendment 181 #
Proposal for a directive Article 9 – paragraph 3 3. Where the changes to the contract referred to in paragraph 2 result in a package of lower quality or cost, the traveller shall be
Amendment 182 #
Proposal for a directive Article 9 – paragraph 4 4. If the contract is terminated pursuant to point (b) of paragraph 2, the organiser shall refund all payments received from the traveller within four
Amendment 183 #
Proposal for a directive Article 9 – paragraph 4 4. If the contract is terminated pursuant to point (b) of paragraph 2, the organiser shall
Amendment 184 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. The contract may 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 of standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses proved to have been saved by the organiser which cannot be recuperated from the service providers or through alternative deployment of the services. Fees due for the termination of the contract, including administrative fees, shall not be disproportionate nor excessive. The organiser shall provide a statement of reasons for the calculation of the amount of the compensation or the standardised termination fees.
Amendment 185 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser. The contract
Amendment 186 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of
Amendment 187 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser and/or the retailer. The contract may 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 of standardised termination fees, the amount of the compensation shall correspond to the price
Amendment 188 #
Proposal for a directive Article 10 – paragraph 2 2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package or on account of family or personal circumstances.
Amendment 189 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. The organiser and/or the retailer may terminate the contract without paying compensation to the traveller, if:
Amendment 190 #
Proposal for a directive Article 10 – paragraph 3 – point a Amendment 191 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) the number of persons enrolled for the
Amendment 192 #
Proposal for a directive 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
Amendment 193 #
Proposal for a directive 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 and/or the retailer notifies the traveller of the termination within the period fixed in the contract and not later than 20 days before the start of the package; or
Amendment 194 #
Proposal for a directive Article 10 – paragraph 3 – point b (b) the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller by telephone and in writing of the termination without undue delay before the start of the package.
Amendment 195 #
Proposal for a directive Article 10 – paragraph 3 – point b (b) the organiser and/or the retailer is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination without undue delay before the start of the package.
Amendment 196 #
Proposal for a directive Article 10 – paragraph 4 4. In cases of termination under paragraphs 1, 2 and 3, the organiser shall reimburse any undue payment made by the traveller within
Amendment 197 #
Proposal for a directive Article 10 – paragraph 4 4. In cases of termination under paragraphs 1, 2 and 3, the organiser and/or the retailer shall reimburse any undue payment made by the traveller within fourteen days.
Amendment 198 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser is responsible for the performance of the travel services and compliance with quality standards included in the contract, irrespective of whether those services are to be performed by the organiser or by other service providers.
Amendment 199 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser
Amendment 200 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall ensure that the organiser is responsible for the performance of the travel services included in the contract,
Amendment 201 #
Proposal for a directive 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 202 #
Proposal for a directive Article 11 – paragraph 2 2. If any of the services are not performed in accordance with the contract, the organiser and, where applicable on account of the parts they manage respectively, the retailer or the carrier shall remedy the lack of conformity
Amendment 203 #
Proposal for a directive Article 11 – paragraph 3 3. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, with service quality at least equivalent to that specified under the contract, including where the traveller's return to the place of departure is not provided as agreed.
Amendment 204 #
Proposal for a directive Article 11 – paragraph 3 3. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser and/or retailer shall make
Amendment 205 #
Proposal for a directive Article 11 – paragraph 4 4. If it is impossible for the organiser and/or 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 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 206 #
Proposal for a directive Article 11 – paragraph 5 5. As long as it is impossible to ensure the traveller
Amendment 207 #
Proposal for a directive 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
Amendment 208 #
Proposal for a directive 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
Amendment 209 #
Proposal for a directive Article 11 – paragraph 6 Amendment 210 #
Proposal for a directive 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.
Amendment 211 #
Proposal for a directive Article 12 – paragraph 2 2. The traveller shall be entitled to receive compensation from the organiser and/or retailer for any damage, including non- material damage, which the traveller sustains as a result of any lack of conformity.
Amendment 212 #
Proposal for a directive Article 12 – paragraph 3 – point a – introductory part (a) the organiser and/or retailer prove
Amendment 213 #
Proposal for a directive Article 12 – paragraph 3 – point a – point ii Amendment 214 #
Proposal for a directive Article 12 – paragraph 3 – point b (b) the traveller fails to inform the organiser and/or 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 215 #
Proposal for a directive 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.
Amendment 216 #
Proposal for a directive 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
Amendment 217 #
Proposal for a directive Article 12 – paragraph 5 5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/200429, Regulation (EC) No 1371/200730, Regulation (EU) No 1177/201031 and
Amendment 218 #
Proposal for a directive Article 13 – paragraph 1 Member States shall ensure that the traveller may address messages, complaints or claims in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, complaints or claims to the organiser without undue delay. If tour operators do not respond in writing to the message, complaint or claim related to the performance of the package within 30 days of receipt by the operator, it shall be assumed that the operator has found the message, complaint or claim to be legitimate. For the purpose of compliance with time-limits or prescription periods, receipt of the notifications by the retailer shall be considered as receipt by the organiser.
Amendment 219 #
Proposal for a directive Article 14 – paragraph 1 – introductory part Member States shall ensure that the organiser and/or retailer gives prompt assistance to the traveller in difficulty, in particular by:
Amendment 220 #
Proposal for a directive Article 14 Member States shall ensure that the organiser
Amendment 221 #
Proposal for a directive Article 14 – paragraph 1 – point b (b) assisting the traveller where all or part of the travel package cannot be effected in making distance communications and alternative travel arrangements
Amendment 222 #
Proposal for a directive Article 14 – paragraph 1 – point b (b) assisting the traveller
Amendment 223 #
Proposal for a directive Article 14 – paragraph 2 The organiser and/or retailer shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller's negligence or intent.
Amendment 224 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers of packages and retailers facilitating the procurement of
Amendment 225 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers and retailers
Amendment 226 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers
Amendment 227 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that organisers and retailers facilitating the procurement of packages and assisted travel arrangements
Amendment 228 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. The organisers and retailers shall prove that they have taken all measures to guarantee the protection of the traveller, including the existence of a fund or insurance.
Amendment 229 #
Proposal for a directive 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) 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.
Amendment 231 #
Proposal for a directive 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
Amendment 232 #
Proposal for a directive 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 o
Amendment 233 #
Proposal for a directive 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 packages and assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 234 #
Proposal for a directive Article 16 – paragraph 1 a (new) 1a. Member States shall allow organisers of packages, retailers facilitating the procurement of assisted travel arrangements and passenger carriers established outside of their territory or outside the Union to obtain insolvency protection under their national insolvency protection schemes.
Amendment 235 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers
Amendment 236 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of o
Amendment 237 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retailers facilitating the procurement of packages and assisted travel arrangements operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 238 #
Proposal for a directive 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
Amendment 239 #
Proposal for a directive 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
Amendment 240 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer
Amendment 241 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an o
Amendment 242 #
Proposal for a directive Article 16 – paragraph 4 4. If a Member State has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of packages and assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them.
Amendment 243 #
Proposal for a directive Article 17 Amendment 244 #
Proposal for a directive Article 17 – paragraph 1 – point b b) that the traveller will not benefit from
Amendment 245 #
Proposal for a directive Article 17 – paragraph 1 a (new) Member States shall ensure that, prior to the signature of a contract for assisted travel arrangements, the trader facilitating the provision thereof offers the traveller the option of a travel package incorporating the services required. Informed refusal of the traveller to accept a travel package instead of assisted travel arrangements must be in writing.
Amendment 246 #
Proposal for a directive Article 17 a (new) Amendment 247 #
Proposal for a directive Article 18 c (new) Article 18 c Right of withdrawal 1. Member States shall ensure that the traveller has a period of 24 hours to withdraw from a distance contract for a package, assisted-travel arrangement or stand-alone travel service, and seven days to withdraw from an off-premises contract, without giving any reason and without incurring any costs, provided that he gives the trader a notice on a durable medium at least 48 hours before the start of the travel service. 2. The trader shall reimburse all payments received from the traveller, without undue delay and not later than 14 days from the day on which he is informed of the traveller's decision to withdraw from the contract. 3. If the trader has not provided the traveller with information on the right of withdrawal in a clear and prominent manner, the traveller shall have the right to terminate the contract without penalty. 4. Member States shall ensure that an intermediary retailer is entitled to recuperate all payments made to a service provider in the period between the conclusion of the contract and the day on which he was informed of the traveller's decision to withdraw from the contract.
Amendment 248 #
Proposal for a directive Article 19 – paragraph 1 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. The retailer shall be liable to the traveller only for any booking error arising through the fault of the retailer.
Amendment 249 #
Proposal for a directive Article 19 – paragraph 1 Member States shall ensure that a
Amendment 250 #
Proposal for a directive Article 19 – paragraph 1 Member States shall ensure that a retailer who has agreed to arrange the booking of a package
Amendment 251 #
Proposal for a directive Article 19 – paragraph 1 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
Amendment 252 #
Proposal for a directive Article 20 – paragraph 1 In cases where an o
Amendment 253 #
Proposal for a directive Article 21 – paragraph 1 1. A declaration by an o
Amendment 254 #
Proposal for a directive Article 21 – paragraph 3 3. Any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to this Directive or aims to circumvent the application of this Directive shall
Amendment 255 #
Proposal for a directive Article 24 – paragraph 1 By [
Amendment 256 #
Proposal for a directive Article 27 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 77 #
Proposal for a directive 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
Amendment 78 #
Proposal for a directive 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
Amendment 79 #
Proposal for a directive Recital 7 (7) The majority of travellers buying packages are consumers
Amendment 80 #
Proposal for a directive Recital 8 (8) Since travel services may be combined in many different ways, it is appropriate to consider as packages all combinations of travel services that display features which travellers typically associate with packages, notably that separate travel services are bundled together into a single travel product
Amendment 81 #
Proposal for a directive Recital 13 (13) Particular rules should be laid down for both high street and on-line retailers which assist travellers, on the occasion of a single visit or contact with their own point of sale, in concluding separate contracts with individual service providers and for online retailers which, through linked online booking processes, facilitate the procurement of additional travel services from another trader in a targeted manner, at the latest when the booking of the first service is confirmed. These rules would apply for example, where, along with the confirmation of the booking of a first travel service such as a flight or a train journey, a consumer receives an invitation to book an additional travel service available at the chosen travel destination, for instance hotel accommodation, with a link to the booking site of another service provider or intermediary. While those arrangements do not constitute packages within the meaning of this Directive as there can be no confusion that a single
Amendment 82 #
Proposal for a directive 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) (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 (16)
Amendment 85 #
Proposal for a directive Recital 17 (17) Other tourist services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with
Amendment 86 #
Proposal for a directive Recital 17 (17)
Amendment 87 #
Proposal for a directive 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
Amendment 88 #
Proposal for a directive Recital 19 (19) Since there is less need to protect travellers in cases of short-term trips, and in order to avoid unnecessary burden for traders, trips lasting less than 24 hours which do not include accommodation
Amendment 89 #
Proposal for a directive Recital 20 (20) The main characteristic of package travel is that at least one trader is responsible
Amendment 90 #
Proposal for a directive Recital 21 (21) In relation to packages,
Amendment 91 #
Proposal for a directive Recital 23 (23) Key information, for example on the main characteristics of the travel services
Amendment 92 #
Proposal for a directive 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 93 #
Proposal for a directive Recital 27 (27) In specific situations,
Amendment 94 #
Proposal for a directive Recital 30 (30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions
Amendment 95 #
Proposal for a directive Recital 31 (31) This Directive should not affect the rights of travellers to present claims both under this Directive and under any other
Amendment 96 #
Proposal for a directive Recital 34 (34) Member States should ensure that travellers purchasing a package or a
Amendment 97 #
Proposal for a directive Recital 37 (37) It is appropriate to protect travellers in situations where a
Amendment 98 #
Proposal for a directive Recital 38 (38) It is also appropriate to confirm that
Amendment 99 #
Proposal for a directive Recital 41 a (new) (41a) An international convention on package travel should be promoted in the WTO, to act as a common legal basis for all countries that are members of the World Tourism Organisation.
source: PE-526.087
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History
(these mark the time of scraping, not the official date of the change)
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2013-08-22Show (1) Changes | Timetravel
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2013-08-15Show (1) Changes | Timetravel
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CELEX:52013PC0512:EN
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2013-08-13Show (1) Changes | Timetravel
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CELEX:52013PC0512:EN
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2013-07-26Show (1) Changes | Timetravel
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2013-07-18Show (2) Changes | Timetravel
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2013-07-13Show (2) Changes | Timetravel
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CELEX:52013PC0512:EN
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Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2013&nu_doc=512New
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2013/0512/COM_COM(2013)0512_EN.pdf |
2013-07-12Show (5) Changes
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