Package travel and linked travel arrangements: make the protection of travellers more effective and simplify and clarify certain aspects

Amendments tabled for the plenary sitting on this text, in their own numbering series. This is a different set from the committee amendments tracked elsewhere on AmendEU, and is not counted in any of the site’s amendment totals.

1. Amendment 1Proposal for a directive · Recital 2
   Current text

   (2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’. Linked travel arrangemen…

   Amendment

   (2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances.

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2. Amendment 2Proposal for a directive · Recital 3
   Current text

   (3) While, overall, Directive (EU) 2015/2302 has worked well, several challenges have emerged since the start of its application on 1 July 2018. The COVID-19 pandemic and related government measures had a significant impact on both the travel industry and travellers and exposed certain weaknesses in prevailing business models and showed that specific provisions of the Directive could be clarified.

   Amendment

   (3) While, overall, Directive (EU) 2015/2302 has worked well, several challenges have emerged since the start of its application on 1 July 2018. The COVID-19 pandemic and related government measures had a significant impact on both the travel industry and travellers and exposed certain weaknesses in prevailing business models and showed that specific provisions of the Directive could be clarified. Moreover, despite the efforts linked to the Directive, to ensure transparency and provide clear information to travellers, a lack of uniformity in communicating information to travellers about their rights has persisted.

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3. Amendment 3Proposal for a directive · Recital 5
   Current text

   (5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements, as well as their delimitation from packages, should be clarified and simplified. Such clarification and simplification of the definitions and concepts ‘package’ and ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.

   Amendment

   (5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements have created more complexity and legal uncertainty, and are rarely used in practice. Therefore, the definition of a 'package' should be clarified and simplified, and the provisions on linked travel arrangements should be deleted from Directive (EU) 2015/2302. Such clarification and simplification of the definition and concept of ‘package’ and the deletion of references to the concept of ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playin…

   Excerpt — full text in the official PDF.
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4. Amendment 4Proposal for a directive · Recital 5 a (new)
   Amendment

   (5a) In the context of online bookings, the term ‘invites’ should be understood as any action by the trader that actively encourages or prompts the traveller to enter into an additional contract for a different type of travel service. Such actions may include, but are not limited to, presenting the traveller with targeted offers during the booking process, or providing hyperlinks or prompts to book further services.

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5. Amendment 5Proposal for a directive · Recital 6
   Current text

   (6) The principle underlying the definition of ‘package’ should remain that there is a close link between different travel services booked for the purpose of the same trip or holiday. In order to ensure that there is no overlap between the definition of ‘package’ and ‘linked travel arrangement’ and to eliminate the difficulties in distinguishing between packages and linked travel arrangements, bookings of different types of travel services for the same trip or holiday at one point of sale where the travel services have been selected before the traveller concludes a first contract should be considered as packages in the same way as travel services booked at one point of sale within a short pe…

   Amendment

   (6) The principle underlying the definition of ‘package’ should remain that there is a close link between different travel services booked for the purpose of the same trip or holiday. Bookings of different types of travel services for the same trip or holiday at one point of sale where the travel services have been selected before the traveller concludes a first contract should be considered as packages in the same way as travel services booked at one point of sale within a short period of time. In both cases, there is a close link between the bookings of travel services. Therefore, the definition of ‘package’, should cover both situations.

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6. Amendment 6Proposal for a directive · Recital 7
   Current text

   (7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.

   Amendment

   (7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip or holiday where, before the traveller agrees to pay for a first travel service, a trader actively invites a traveller to book one or more additional services for the same trip or holiday within 24 hours of agreeing to pay for the first service, should be considered as packages. For the purpose of this Directive, a trader should be considered to be actively inviting a traveller to book a service when it optimises the offer for sale in question…

   Excerpt — full text in the official PDF.
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7. Amendment 7Proposal for a directive · Recital 8
   Current text

   (8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which required that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider as ‘package’ bookings of different types of travel services for the same trip or holiday where the trader that is party to a first contract transfers to a trader that is party to a second or further contract alternatively the traveller’s name, payment details, email address or any other of the traveller’s personal data. Such transfer of personal data indicates a close…

   Amendment

   (8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which required that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider as a 'package' bookings of different types of travel services for the same trip or holiday where the trader that is party to a first contract transfers the traveller's personal data to a trader that is party to a second or further contract. Such a transfer of personal data should enable the traders involved to establish that the same traveller is a party to the relevan…

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8. Amendment 8Proposal for a directive · Recital 9
   Current text

   (9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection. Furthermore, in order to make sure that travellers fully benefit from the rules on insolvency protection and for traders to know that they are subject to this obligation, it is appropriate that the information forms on linked travel arrangements recommend to travellers to record the invitation and the additional booking, fo…

   Amendment

   deleted

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9. Amendment 9Proposal for a directive · Recital 10
   Current text

   (10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty.

   Amendment

   (10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty. It should be noted that different on-site activities that are provided as an intrinsic part of or typically associated with accommodation, regardless of their value, should not result in the creation of a package if these services are combined only with accommodation.

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10. Amendment 10Proposal for a directive · Recital 12
    Current text

    (12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should not be higher than 25% of the total price of the package, and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, organisers and, where applicable, retail…

    Amendment

    (12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should be set at an appropriate level. Downpayments may be subject to limitations based on national jurisdiction.

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11. Amendment 11Proposal for a directive · Recital 13
    Current text

    (13) The level of downpayments should not require different calculations for each package but can be established for groups of packages that have similar characteristics regarding the necessity of downpayment. Organisers and, where relevant, retailers should continue to be obliged to inform travellers, before the conclusion of the contract, about the downpayments they request.

    Amendment

    deleted

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12. Amendment 12Proposal for a directive · Recital 14
    Current text

    (14) Since the limitation of advance payments is not compatible with the concept of package travel gift boxes as referred to in Article 3(5)(b)(iv) of Directive (EU) 2015/2302 and packages booked less than 28 days before the start of the package, these two types of packages should be exempted from the limitation of advance payments introduced by this Directive.

    Amendment

    deleted

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13. Amendment 13Proposal for a directive · Recital 16
    Current text

    (16) In certain situation voluntary vouchers to travellers can be a useful alternative to refunds. Vouchers can give more flexibility to organisers in particular if they are confronted with the obligation to make many refunds within a short period of time. At the same time, vouchers can be acceptable for travellers who do not need an instant refund, as long as there are specific legal guarantees. Therefore, clear rules on vouchers should be laid down which provide such guarantees. Those guarantees should include transparency on the voluntary nature and on the key characteristics of vouchers, as well as on travellers’ rights in relation to vouchers, for example, the fact that they are protect…

    Amendment

    (16) In certain situations voluntary vouchers to travellers can be a useful alternative to refunds. Vouchers can give more flexibility to organisers in particular if they are confronted with the obligation to make many refunds within a short period of time. At the same time, vouchers can be acceptable for travellers who do not need an instant refund, as long as there are specific legal guarantees. Therefore, clear rules on vouchers should be laid down which provide such guarantees. Those guarantees should include transparency on the voluntary nature and on the key characteristics of vouchers, as well as on travellers’ rights in relation to vouchers, for example, the fact that they are protec…

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14. Amendment 14Proposal for a directive · Recital 16 a (new)
    Amendment

    (16a) If a package has been combined by an organiser and is made up of services by two, or more, different travel service providers, the voucher should apply to the organiser where the package was booked and not be split up among different travel service providers that the organiser is cooperating with.

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15. Amendment 15Proposal for a directive · Recital 18
    Current text

    (18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances.

    Amendment

    (18) It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly and objectively affected by unavoidable and extraordinary circumstances, which requires a case-by-case assessment. The assessment as to whether unavoidable and extraordinary circumstances will have significant and objective effects on the performance of the package should be based on a prediction, at the moment of the termination of the contract, of the likelihood that the unavoidable and extraordinary circumstances will have significant and objective effects on the performance of the package. Where a traveller terminates the contract, such an…

    Excerpt — full text in the official PDF.
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16. Amendment 16Proposal for a directive · Recital 19
    Current text

    (19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or applying after returning from the trip or holiday, such as quarantine requirements for a significan…

    Amendment

    (19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing whether the termination of a contract is justified. Furthermore, the absence of official travel warnings should not prevent the existence of those circumstances and their effects on the performance of the package from being establishe…

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17. Amendment 17Proposal for a directive · Recital 20
    Current text

    (20) It should also be clarified that the 14-day refund period, which is triggered by the termination of the contract, applies regardless of whether the traveller specifically asks for a refund.

    Amendment

    (20) It should also be clarified that the 14-day refund period, which is triggered by the termination of the contract, applies regardless of whether the traveller specifically asks for a refund. Furthermore, it should be specified that the organiser is to reimburse all payments made by or on behalf of the traveller in respect of the package.

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18. Amendment 18Proposal for a directive · Recital 21 a (new)
    Amendment

    (21a) Under the conditions laid down in this Directive, Member States should define their insolvency protection systems applicable within their territories, including the associated procedures and the methods for providing information on insolvency protection through the most effective communication channels available. It is important to lay down that, as soon as an insolvency occurs, travellers should be provided with all necessary information to benefit from insolvency protection rights. Accordingly, the Member States should designate a relevant entity or entities, which will be responsible for providing the necessary information. The Commission should centralise the information related to…

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19. Amendment 19Proposal for a directive · Recital 22
    Current text

    (22) In order to ensure effectiveness of insolvency protection for travellers at all times, it should be provided that the security is sufficient to cover costs for refunds and repatriations in cases where an insolvency occurs at a time when an organiser holds the highest amounts of payments. Any increases of those amounts due to a higher anticipated volume of packages sold in a given period should be taken into account. It should be clarified that Member States should supervise the insolvency protection of organisers and monitor the market for the provision of insolvency protection and that. If necessary, Member States should be able to require a second level of protection, such as a back-u…

    Amendment

    (22) In order to ensure effectiveness of insolvency protection for travellers at all times, it should be provided that the security is sufficient to cover costs for refunds and repatriations in cases where an insolvency occurs at a time when an organiser holds the highest amounts of payments. Any increases of those amounts due to a higher anticipated volume of packages sold in a given period should be taken into account. It should be clarified that Member States should supervise the insolvency protection of organisers and monitor the market for the provision of insolvency protection. It should be clarified that such measures can be co-financed by the Member States only in exceptional circums…

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20. Amendment 20Proposal for a directive · Recital 25
    Current text

    (25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility…

    Amendment

    (25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility…

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21. Amendment 21Proposal for a directive · Recital 25 a (new)
    Amendment

    (25a) Compliance with this Directive should be enforceable by means of the imposition of penalties and other enforcement measures. Member States should take all necessary measures to ensure that the provisions of this Directive are implemented, including by laying down effective, proportionate and dissuasive penalties applicable to infringements of national provisions adopted pursuant to this Directive. Member States should also ensure respect for the ne bis in idem principle. When assessing the amount of fines, Member States should, in each individual case, take into account all relevant circumstances of the specific situation, with due regard in particular to the nature, gravity, scale and…

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22. Amendment 22Proposal for a directive · Article 1 – paragraph 1 – point 1 · Directive (EU) 2015/2302 · Article 1
    Current text

    Article 1 Subject matter The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.

    Amendment

    Article 1 Subject matter The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating and simplifying certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and certain aspects of contracts between organisers of packages and travel service providers, as well as of the specific information requirements in some cases not leading to the creation of a package.

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23. Amendment 23Proposal for a directive · Article 1 – paragraph 1 – point 2 · Directive (EU) 2015/2302 · Article 2 – paragraph 1 – subparagraph 1
    Current text

    This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.

    Amendment

    This Directive applies to packages offered for sale or sold by traders to travellers.

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24. Amendment 24Proposal for a directive · Article 1 – paragraph 1 – point 2 a (new) · Directive (EU) 2015/2302 · Article 2 – paragraph 2 – point a
    Current text

    (a) packages and linked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included;

    Amendment

    (2a) in Article 2(2), point (a) is replaced by the following: ‘(a) packages covering a period of less than 24 hours unless overnight accommodation is included;’

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25. Amendment 25Proposal for a directive · Article 1 – paragraph 1 – point 2 b (new) · Directive (EU) 2015/2302 · Article 2 – paragraph 2 – point b
    Current text

    (b) packages offered, and linked travel arrangements facilitated, occasionally and on a not-for-profit basis and only to a limited group of travellers;

    Amendment

    (2b) in Article 2(2), point (b) is replaced by the following: ‘(b) packages offered occasionally and on a ‘not-for-profit’ basis and only to a limited group of travellers;’

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26. Amendment 26Proposal for a directive · Article 1 – paragraph 2 – point 2 c (new) · Directive (EU) 2015/2302 · Article 2 – paragraph 2 – point c
    Current text

    (c) packages and linked travel arrangements purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.

    Amendment

    (2c) in Article 2(2), point (c) is replaced by the following: ‘(c) packages purchased for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.’

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27. Amendment 27Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point i
    Current text

    (i) those services are purchased from a single point of sale and – have been selected before the traveller agrees to pay, – other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or – other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or

    Amendment

    (i) those services are purchased from a single point of sale and have been selected before the traveller agrees to pay, or

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28. Amendment 28Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point i a (new)
    Amendment

    (ia) if, before the traveller agrees to pay for a first travel service, the trader actively invites the traveller to book one or more additional types of travel services at the same point of sale within 24 hours of agreeing to pay for the first service, or

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29. Amendment 29Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point ii
    Current text

    (ii) are offered, sold or paid at an inclusive or total price, regardless of any separate billing, or

    Amendment

    (ii) offered, sold or paid at an inclusive or total price, regardless of any separate billing, or

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30. Amendment 30Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point iii
    Current text

    (iii) are advertised or sold under the term ‘package’ or under a similar term, or

    Amendment

    (iii) advertised or sold under the term ‘package’ or under a similar term, or

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31. Amendment 31Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point iv
    Current text

    (iv) are combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

    Amendment

    (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

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32. Amendment 32Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point v
    Current text

    (v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.

    Amendment

    (v) purchased from separate traders through linked online booking processes where the traveller's personal data through which the traveller can be identified as a contracting party, are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract or contracts is or are concluded at the latest 24 hours after the confirmation of the booking of the first travel service with the latter trader or traders,

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33. Amendment 33Proposal for a directive · Article 1 – paragraph 1 – point 3 – point a · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 2 – point b – point v a (new)
    Amendment

    (va) or any other situation where the parties agree to consider the booked travel services as a package.

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34. Amendment 34Proposal for a directive · Article 1 – paragraph 1 – point 3 – point b · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 5
    Current text

    (b) point 5 is replaced by the following: ‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.”

    Amendment

    (b) point 5 is deleted.

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35. Amendment 35Proposal for a directive · Article 1 – paragraph 1 – point 3 – point b a (new) · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 7
    Current text

    (7) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive, whether acting in the capacity of organiser, retailer, trader facilitating a linked travel arrangement or as a travel service provider;

    Amendment

    (ba) point 7 is replaced by the following: ‘(7) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive, whether acting in the capacity of organiser, retailer, or as a travel service provider;

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36. Amendment 36Proposal for a directive · Article 1 – paragraph 1 – point 3 – point b b (new) · Directive (EU) 2015/2302 · Article 3 – paragraph 1 – point 12
    Current text

    (12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;

    Amendment

    (bb) point 12 is replaced by the following: (12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, including inter alia war or conflict, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract;

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37. Amendment 37Proposal for a directive · Article 1 – paragraph 1 – point 4 – point -a (new) · Directive (EU) 2015/2302 · Article 5 – paragraph 1 – subparagraph 1 – point a – subpoint viii
    Current text

    (viii) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller's request, precise information on the suitability of the trip or holiday taking into account the traveller's needs;

    Amendment

    (-a) in point (a), subpoint (viii) is replaced by the following: ‘(viii) whether the trip or holiday is generally suitable for persons with a disability and reduced mobility and, upon the traveller's request, precise information on the accessibility and suitability of the trip or holiday taking into account the traveller's needs;’

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38. Amendment 38Proposal for a directive · Article 1 – paragraph 1 – point 4 – point –a a (new) · Directive (EU) 2015/2302 · Article 5 – paragraph 1 – subparagraph 1 – point b
    Current text

    (b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;

    Amendment

    (-aa) point (b) is replaced by the following: ‘(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their free of charge telephone number and functional e-mail address;’

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39. Amendment 39Proposal for a directive · Article 1 – paragraph 1 – point 4 – point a · Directive (EU) 2015/2302 · Article 5 – paragraph 1 – subparagraph 1 – point d
    Current text

    (d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a down payment and the timing for payment of the balance, in accordance with Article 5a, or financial guarantees to be paid or provided by the traveller;

    Amendment

    ‘(d) the arrangements for payment, including via points or other currency reward systems and any amount or percentage of the price which is to be paid as a down payment and the timing for payment of the balance, or financial guarantees to be paid or provided by the traveller;’

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40. Amendment 40Proposal for a directive · Article 1 – paragraph 1 – point 4 – point a a (new) · Directive (EU) 2015/2302 · Article 5 – paragraph 1 – subparagraph 1 – point f
    Current text

    (f) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;

    Amendment

    (aa) point (f) is replaced by the following: ‘(f) exhaustive general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination and transit, as well as changes occurring between the conclusion of the contract and its execution;’

    official amendment document ↗
41. Amendment 41Proposal for a directive · Article 1 – paragraph 1 – point 4 – point b a (new) · Directive (EU) 2015/2302 · Article 5 – paragraph 1 – subparagraph 1 – point h a (new)
    Amendment

    (ba) the following point is added: ‘(ha) information that the traveller is buying a package and an explanation of the protection given to travellers after the conclusion of the contract, as provided for in this Directive.’

    official amendment document ↗
42. Amendment 42Proposal for a directive · Article 1 – paragraph 1 – point 4 a (new) · Directive (EU) 2015/2302 · Article 5 – paragraph 3
    Current text

    3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner. Where such information is provided in writing, it shall be legible.

    Amendment

    (4a) in Article 5, paragraph 3 is replaced by the following: 3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner and in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882. Where such information is provided in writing, it shall be legible.

    official amendment document ↗
43. Amendment 43Proposal for a directive · Article 1 – paragraph 1 – point 5 · Directive (EU) 2015/2302 · Article 5a
    Current text

    Article 5a Payments Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the…

    Amendment

    Article 5a Payments Member States may, in accordance with national provisions, introduce limitations on pre-payments.

    Excerpt — full text in the official PDF.
    official amendment document ↗
44. Amendment 44Proposal for a directive · Article 1 – paragraph 1 – point 6 – point -a (new) · Directive (EU) 2015/2302 · Article 7 – paragraph 1
    Current text

    1. Member States shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.

    Amendment

    (-a) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that package travel contracts are in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882, in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.’

    official amendment document ↗
45. Amendment 45Proposal for a directive · Article 1 – paragraph 1 – point 6 – point b · Directive (EU) 2015/2302 · Article 7 – paragraph 2a
    Current text

    2a. The relevant information form set out in Annex I shall be attached to the contract. The contract shall contain a clear reference to that information form..

    Amendment

    2a. The relevant information form set out in Annex I shall be attached to the contract or made available electronically at the time of its conclusion. The contract shall contain a clear reference to that information form.

    official amendment document ↗
46. Amendment 46Proposal for a directive · Article 1 – paragraph 1 – point 6 a (new) - · Directive (EU) 2015/2302 · Article 11 – paragraph 2 – introductory part
    Current text

    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 referred to in point (a) of the first subparagraph of Article 5(1) or cannot fulfil the special requirements as referred to in point (a) of Article 7(2), or proposes to increase the price of the package by more than 8 % in accordance with Article 10(2), the traveller may within a reasonable period specified by the organiser:

    Amendment

    (6a) in Article 11, the introductory part of paragraph 2 is replaced by the following: ‘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 referred to in point (a) of the first subparagraph of Article 5(1) or cannot fulfil the special requirements as referred to in point (a) of Article 7(2), or proposes to increase the price of the package by more than 8 % in accordance with Article 10(2), it shall inform immediately the traveller who may within a reasonable period specified by the organiser:’

    official amendment document ↗
47. Amendment 47Proposal for a directive · Article 1 – paragraph 1 – point 7 – point -a (new) · Directive (EU) 2015/2302 · Article 12 – paragraph 1
    Current text

    1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the pa…

    Amendment

    (-a) paragraph 1 is replaced by the following: ‘1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay a standardised termination fee laid down in the contract.’

    Excerpt — full text in the official PDF.
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48. Amendment 48Proposal for a directive · Article 1 – paragraph 1 – point 7 – point -a a (new) · Directive (EU) 2015/2302 · Article 12 – paragraph 1 – subparagraph 1a (new)
    Amendment

    (-aa) in paragraph 1, the following subparagraph is added: ‘The organiser shall clearly state either the specific amount of the standardised termination fee or the calculation method in the pre-contractual information provided to the traveller. The standardised termination fee shall be appropriate and justifiable, taking into account for example the timing of the termination before the start of the package, the expected cost savings, and the potential income from the alternative deployment of travel services.’

    official amendment document ↗
49. Amendment 49Proposal for a directive · Article 1 – paragraph 1 – point 7 – point a · Directive (EU) 2015/2302 · Article 12 – paragraph 2
    Current text

    2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package t…

    Amendment

    2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be reasonably expected that the package travel contract will be significantly and objectively affected by unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, departure or affecting the traveller’s journey to or from the destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

    Excerpt — full text in the official PDF.
    official amendment document ↗
50. Amendment 50Proposal for a directive · Article 1 – paragraph 1 – point 7 – point a a (new) · Directive (EU) 2015/2302 · Article 12 – paragraph 3 – introductory part
    Current text

    3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:

    Amendment

    (aa) in paragraph 3, the introductory part is replaced by the following: ‘3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, or, in a non-binding manner, offer substantially the same package through alternative carriers and transport modes, or an alternative travel service to replace the original package, or components of that package. However, the organiser shall not be liable for additional compensation, if:’

    official amendment document ↗
51. Amendment 51Proposal for a directive · Article 1 – paragraph 1 – point 7 – point b · Directive (EU) 2015/2302 · Article 12 – paragraph 3a
    Current text

    3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.

    Amendment

    3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. This applies in particular where an official warning has been issued at most 28 days before the scheduled start of the package but is without prejudice to a cas…

    Excerpt — full text in the official PDF.
    official amendment document ↗
52. Amendment 52Proposal for a directive · Article 1 – paragraph 1 – point 7 – point c · Directive (EU) 2015/2302 · Article 12 – paragraph 4 – subparagraph 1
    Current text

    The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.

    Amendment

    The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund. Where the traveller's payment details are no longer valid, the traveller shall provide the organiser with the correct payment details. The organiser shall make a refund or reimbursement no later than 14 days a…

    Excerpt — full text in the official PDF.
    official amendment document ↗
53. Amendment 53Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 1
    Current text

    1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund.

    Amendment

    1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund. The organiser may offer a voucher of a higher value than the traveller's refund right.

    official amendment document ↗
54. Amendment 54Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 1 a (new)
    Amendment

    1a. The traveller’s consent shall not be assumed. Before issuing a voucher, the organiser shall always seek the express consent of the traveller.

    official amendment document ↗
55. Amendment 55Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 2 – point a a (new)
    Amendment

    (aa) the value of the voucher;

    official amendment document ↗
56. Amendment 56Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 2 – point a b (new)
    Amendment

    (ab) the fact that the voucher can be used in full or in part and that it can be used for any travel service proposed by the organiser;

    official amendment document ↗
57. Amendment 57Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 2 – point a c (new)
    Amendment

    (ac) the fact that the voucher can be transferred once and without any fee;

    official amendment document ↗
58. Amendment 58Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 2 – point b
    Current text

    (b) the validity period of the voucher and the rights of travellers in relation to vouchers as laid down in this Article,

    Amendment

    (b) the validity period of the voucher and the rights of travellers in relation to vouchers as laid down in this Article and the fact that these will not change during the validity period of the voucher,

    official amendment document ↗
59. Amendment 59Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 2 a (new)
    Amendment

    2a. The information referred to in paragraph 2 shall be shared proactively, automatically, and in a personalised manner to travellers through digital communication channels by the organiser.

    official amendment document ↗
60. Amendment 60Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 3
    Current text

    3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher on a higher amount.

    Amendment

    3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher of a higher total value.

    official amendment document ↗
61. Amendment 61Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 3 a (new)
    Amendment

    3a. For travellers who opt for a voucher, the organiser shall offer an alternative that, at a minimum, meets their convenience in choosing travel services. Furthermore, these travellers shall be given priority in their choice of travel services.

    official amendment document ↗
62. Amendment 62Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 4
    Current text

    4. Travellers shall lose their right to a refund during the validity period of the voucher only if they accept the voucher instead of a refund explicitly and in writing. The parties may at any time agree on a full refund before a voucher is redeemed or expires.

    Amendment

    4. Travellers shall lose their right to a refund during the validity period of the voucher after accepting the voucher on a durable medium. The parties may at any time agree on a full or partial refund before a voucher is redeemed or expires.

    official amendment document ↗
63. Amendment 63Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 5
    Current text

    5. Vouchers shall have a validity period of a maximum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties.

    Amendment

    5. Vouchers shall have a validity period of a maximum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties. Travellers shall have the right to request a refund after the end of the validity period.

    official amendment document ↗
64. Amendment 64Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 6
    Current text

    6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.

    Amendment

    6. It shall be possible for vouchers to be used for all travel services proposed by the organiser. Travellers may use vouchers for one or more services offered by organisers and in parts on different occasions. If the voucher is not redeemed within its validity period, the organiser shall refund the amount corresponding to the traveller’s refund rights as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller. If the voucher is partially redeemed, the organiser shall refund the remaining amount of the voucher as soon as possible and at the latest within 14 days after the partial redemption of the voucher,…

    Excerpt — full text in the official PDF.
    official amendment document ↗
65. Amendment 65Proposal for a directive · Article 1 – paragraph 1 – point 8 · Directive (EU) 2015/2302 · Article 12a – paragraph 7
    Current text

    7. Vouchers shall be transferable to another traveller without any additional cost.

    Amendment

    7. Vouchers shall be transferable to another traveller only once without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher, and shall provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. In order to improve traceability, the voucher shall be marked as transferred.

    official amendment document ↗
66. Amendment 66Proposal for a directive · Article 1 – paragraph 1 – point 9 · Directive (EU) 2015/2302 · Article 17 – paragraph 1 – subparagraph 1
    Current text

    Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of organisers’ insolvency. This shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency or where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the amount of payments received from the traveller. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repa…

    Amendment

    Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of organisers’ insolvency. This shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency or where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the traveller’s refund rights. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repatriation. Continuatio…

    Excerpt — full text in the official PDF.
    official amendment document ↗
67. Amendment 67Proposal for a directive · Article 1 – paragraph 1 – point 9 · Directive (EU) 2015/2302 · Article 17 – paragraph 1 a (new)
    Amendment

    1a. Member States shall ensure that, where an organiser becomes insolvent, travellers are informed without undue delay and through appropriate communication channels at least about the following: (a) the fact of the organiser’s insolvency; (b) the name and contact details of the entity providing insolvency protection; and (c) their rights in relation to packages that have already started or that can still be performed.

    official amendment document ↗
68. Amendment 68Proposal for a directive · Article 1 – paragraph 1 – point 9 · Directive (EU) 2015/2302 · Article 17 – paragraph 2
    Current text

    2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the receipt of any payments and the completion of the packages, as well as the estimated cost for repatriations in the event of the organiser’s insolvency. The security shall be sufficient to cover costs for refunds and, where applicable, repatriations and vouchers, at all times. The coverage shall take into account periods where organisers hold the highest amounts of payments and any changes in the volume of sales of packages.

    Amendment

    2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the receipt of any payments and the completion of the packages, as well as the estimated cost for repatriations in the event of the organiser’s insolvency. The security shall be sufficient to cover costs for refunds and, where applicable, repatriations and vouchers, at all times. The coverage shall take into account periods where organisers hold the highest amounts of payments.

    official amendment document ↗
69. Amendment 69Proposal for a directive · Article 1 – paragraph 1 – point 9 · Directive (EU) 2015/2302 · Article 17 – paragraph 3
    Current text

    3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection, and may, if necessary, require a second level of protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

    Amendment

    3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory and monitor the market for the provision of insolvency protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

    official amendment document ↗
70. Amendment 70Proposal for a directive · Article 1 – paragraph 1 – point 9 · Directive (EU) 2015/2302 · Article 17 – paragraph 6
    Current text

    6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request.

    Amendment

    6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within six months after the traveller has submitted the documents necessary to examine the request. When requesting a refund, travellers shall provide the package travel contract as well as proof of payment made to the organiser or, where applicable, retailers. Such documentation shall be sufficient for the traveller to request a refund.

    official amendment document ↗
71. Amendment 71Proposal for a directive · Article 1 – paragraph 1 – point 10 · Directive (EU) 2015/2302 · Article 18 – paragraph 2
    Current text

    2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission.

    Amendment

    2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. Each Member State shall create an inventory listing all traders that sell packages in their territory and the respective identity of the entity in charge of the insolvency protection. Those inventories shall be public and accessible and…

    Excerpt — full text in the official PDF.
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72. Amendment 72Proposal for a directive · Article 1 – paragraph 1 – point 11 · Directive (EU) 2015/2302 · Chapter VI
    Current text

    (11) Article 19 is replaced by the following: ‘Article 19 Insolvency protection and information requirements for linked travel arrangements 1. For linked travel arrangements, as defined in Article 3(5), Member States shall ensure that traders which invite travellers to conclude a contract on a different type of travel service shall provide security for the refund of all payments they receive from travellers. If such traders are responsible for the traveller’s return journey, the security shall also cover the traveller’s repatriation. The second subparagraph of Article 17(1), Article 17(2) to (6) and Article 18 shall apply mutatis mutandis. 2. When inviting the traveller to conclude a contrac…

    Amendment

    (11) Chapter VI is deleted.

    Excerpt — full text in the official PDF.
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73. Amendment 73Proposal for a directive · Article 1 – point 11 a (new) · Directive (EU) 2015/2302 · Article 21 – paragraph 1
    Current text

    Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to him and, where the trader has agreed to arrange the booking of a package or of travel services which are part of linked travel arrangements, for the errors made during the booking process.

    Amendment

    (11a) in Article 21, the first paragraph is replaced by the following: Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to him and, where the trader has agreed to arrange the booking of a package, for the errors made during the booking process.

    official amendment document ↗
74. Amendment 74Proposal for a directive · Article 1 – point 12 a (new) · Directive (EU) 2015/2302 · Article 23 – paragraph 1
    Current text

    1. A declaration by an organiser of a package or a trader facilitating a linked travel arrangement that he is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package or a linked travel arrangement does not constitute a package or a linked travel arrangement, shall not absolve that organiser or trader from the obligations imposed on them under this Directive.

    Amendment

    (12a) Article 23(1) is replaced by the following: 1. A declaration by an organiser of a package that he is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package does not constitute a package, shall not absolve that organiser from the obligations imposed on it under this Directive.

    official amendment document ↗
75. Amendment 75Proposal for a directive · Article 1 – pont 12 b (new) · Directive (EU) 2015/2302 · Article 24 – paragraph 1 a (new)
    Amendment

    (12b) in Article 24, the following paragraphs are added: 1a. Without prejudice to Articles 7(2), 13, 15 and 16, each organiser and retailer shall set up a complaint-handling mechanism for the rights and obligations covered by this Directive. They shall make their contact details and working language, or languages, known to travellers and available to consumers at the same time of the documents to be supplied before the start of the package in accordance with Article 7(1), point (g).

    official amendment document ↗
76. Amendment 76Proposal for a directive · Article 1 – point 12 b (new) · Directive (EU) 2015/2302 · Article 24 – paragraph 1 b (new)
    Amendment

    1b. When a traveller submits a complaint using the mechanism referred to in paragraph 1a, the organiser or retailer shall confirm the receipt with a copy of the exchanges, within seven working days of submission of the complaint. The organiser or the retailer shall give a reasoned reply to the traveller within 30 working days. Organisers and retailers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure and shall make that data available to national enforcement bodies upon request.

    official amendment document ↗
77. Amendment 77Proposal for a directive · Article 1 – point 12 b (new) · Directive (EU) 2015/2302 · Article 24 – paragraph 1 c (new)
    Amendment

    1c. Details of the complaint-handling procedure shall be made available on the website of the organisers and retailers offering services covered by this Directive.

    official amendment document ↗
78. Amendment 78Proposal for a directive · Article 1 – point 12 b (new) · Directive (EU) 2015/2302 · Article 24 – paragraph 1 d (new)
    Amendment

    1d. The submission of complaints by travellers using the mechanism referred to in paragraph 1a shall be without prejudice to their rights to submit disputes for out-of-court resolution in accordance with Article 26a, or to seek redress through court proceedings, subject to periods of limitation in accordance with national law.

    official amendment document ↗
79. Amendment 79Proposal for a directive · Article 1 – paragraph 1 – point 12 c (new) · Directive (EU) 2015/2302 · Article 25
    Current text

    Article 25 Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

    Amendment

    (12c) Article 25 is replaced by the following: ‘Article 25 Penalties Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The maximum amount of the fines shall be at least 4% of the trader’s annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.’

    official amendment document ↗
80. Amendment 80Proposal for a directive · Article 1 – paragraph 1 – point 12 d (new) · Directive (EU) 2015/2302 · Article 26 a (new)
    Amendment

    (12d) the following Article is inserted: ‘Article 26a Alternative dispute resolution mechanism Organisers, retailers, intermediaries and other actors falling within the scope of this Directive may participate in alternative dispute resolution procedures.’

    official amendment document ↗
81. Amendment 81Proposal for a directive · Article 1 – paragraph 1 – point 14 · Directive (EU) 2015/2302 · Annex II
    Current text

    (14) Annex II is replaced by the text in Annex II to this Directive.

    Amendment

    (14) Annex II is deleted.

    official amendment document ↗
82. Amendment 82Proposal for a directive · Article 3
    Current text

    Article 3 Transposition 1. Member States shall adopt and publish, by [18 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from [6 months after the transposition deadline]. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. 2. Member States shall communicate to the Commission the text…

    Amendment

    Article 3 Transposition Member States shall adopt and publish, by [24 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from [6 months after the transposition deadline]. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made. Member States shall communicate to the Commission the text of th…

    Excerpt — full text in the official PDF.
    official amendment document ↗
83. Amendment 83Proposal for a directive · Annex II · Directive (EU) 2015/2302 · Annex II
    Current text

    […]

    Amendment

    deleted

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84. Amendment 84ESNProposal for a directive · Article 1 – paragraph 1 – point 10
    Current text

    2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission.

    Amendment

    2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. Member States may assign the role of contact point to existing authorities or bodies, without being required to establish a new structure or to incur additional costs.

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85. Amendment 85PfEProposal for a directive · Recital 17
    Current text

    (17) It is conceivable for Member States to provide for mechanisms ensuring refunds to travellers in accordance with the legal requirements, for cases where packages are cancelled due to unavoidable and extraordinary circumstances and where organisers are unable comply with their refund obligations. In order to increase transparency, Member States introducing or maintaining such mechanisms should be obliged to inform the Commission and the central contact points of the other Member States about such mechanisms. Such mechanisms are normally funded exclusively through contributions from organisers. Only in exceptional circumstances can such mechanisms be co-financed by Member States, and their…

    Amendment

    (17) It is conceivable for Member States to provide for mechanisms ensuring refunds to travellers in accordance with the legal requirements, for cases where packages are cancelled due to unavoidable and extraordinary circumstances and where organisers are unable comply with their refund obligations. In order to increase transparency, Member States introducing or maintaining such mechanisms should be obliged to inform the Commission and the central contact points of the other Member States about such mechanisms. Such mechanisms are normally funded exclusively through contributions from organisers. Only in exceptional circumstances can such mechanisms be co-financed in the form of the repayabl…

    Excerpt — full text in the official PDF.
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86. Amendment 86PfEProposal for a directive · Article 1 – paragraph 1 – point 3 – point a
    Current text

    (v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.

    Amendment

    (v) purchased from separate traders through linked online booking processes where the traveller's name, payment details and e-mail address, are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract or contracts is or are concluded at the latest 24 hours after the confirmation of the booking of the first travel service with the latter trader or traders.

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87. Amendment 87PfEProposal for a directive · Article 1 – paragraph 1 – point 3 a (new)
    Current text

    (12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;

    Amendment

    "(12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, including inter alia those consequences resulting from war or conflict, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract;"

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88. Amendment 88PfEProposal for a directive · Article 1 – paragraph 1 – point 7 – point c
    Current text

    The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’

    Amendment

    The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund. In the case of unavoidable and extraordinary circumstances that occur globally or internationally, refunds or reimbursements to the traveller shall be provided up to 28 days after the package travel contract i…

    Excerpt — full text in the official PDF.
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89. Amendment 89PfEProposal for a directive · Article 1 – paragraph 1 – point 7 – point c
    Current text

    Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made within the time period laid down in the first subparagraph, following the termination of package travel contracts in accordance with paragraphs 2 and 3, they shall inform the Commission and the central contact points of the other Member States, referred to in Article 18(2) about those mechanisms. Any co-financing of such mechanisms by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

    Amendment

    Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made within the time period laid down in the first subparagraph, following the termination of package travel contracts in accordance with paragraphs 2 and 3, they shall inform the Commission and the central contact points of the other Member States, referred to in Article 18(2) about those mechanisms. Any co-financing of such mechanisms by Member States is possible only in the form of repayable loans and in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

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90. Amendment 90PfEProposal for a directive · Article 1 – paragraph 1 – point 8
    Amendment

    8 a. In the case of unavoidable and extraordinary circumstances that occur globally or internationally, as confirmed by the respective UN or international agency, and cumulatively in the situation where refunds from third country service providers are not provided to organisers within seven days in accordance with Article 22(2), Member States may introduce a national law by which refunds can be replaced by vouchers. Replacing refunds with vouchers will not be possible in respect of travellers which are considered vulnerable under national law due to their low income or other social and health conditions.

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91. Amendment 91IMCOProposal for a directive

    Replaces or inserts a longer passage — full text in the official document.

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