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 - Presidency compromise text for a general approach - Main contents

Document date	28-11-2014
Publication date	30-11-2014
Reference	16054/14
From	General Secretariat of the Council
External link	original article
Original document in PDF

Council of the European Union Brussels, 28 November 2014 (OR. en)

16054/14

Interinstitutional File: 2013/0246 (COD)

CONSOM 258 MI 941 TOUR 30 JUSTCIV 308 CODEC 2359

NOTE

From: General Secretariat of the Council

To: Council

Subject: 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

• - 

  Presidency compromise text for a general approach

ANNEX

2013/0246 (COD)

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 EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national Parliaments,

Having regard to the opinion of the European Economic and Social Committee,

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours lays down a number of important consumer rights in relation to package

travel, in particular with regard to information requirements, the liability of traders in relation to the performance of a package and protection against the insolvency of an organiser or a retailer. However, it is necessary to adapt the legislative framework to market developments, in order to make it more suitable for the internal market, remove ambiguities and close legislative gaps.

(2) Tourism plays an important role in the economies of the Union and packages represent a significant proportion of that market. The travel market has undergone considerable changes since the adoption of Directive 90/314/EEC. In addition to traditional distribution chains, 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. This Directive aims to adapt the scope of protection to those developments, enhance transparency and increase legal certainty for travellers and traders.

(3) Article 169 of the Treaty on the Functioning of the European Union (the Treaty) provides that the Union is to contribute to the attainment of a high level of consumer protection

through measures adopted pursuant to Article 114 of the Treaty.

(4) Directive 90/314/EEC gives broad discretion to the Member States as regards transposition; therefore, significant divergences between the laws of the Member States remain. Legal

fragmentation leads to higher costs for businesses and obstacles for those wishing to operate cross-border, thus limiting consumers' choice.

(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 assisted travel arrangements is necessary for the creation of a real consumer internal market in this area, striking the right balance between a high level of consumer protection and the competitiveness of businesses.

(6) The cross-border potential of the package travel market in the Union is currently not fully exploited. Disparities in the rules protecting travellers in different Member States are a

disincentive for travellers in one Member State from buying packages and assisted travel arrangements in another Member State and, likewise, a disincentive for organisers and retailers in one Member State from selling such services in another Member State. In order to enable consumers and businesses to benefit fully from the internal market, while ensuring a high level of consumer protection across the Union, it is necessary to further approximate the laws of the Member States relating to packages and assisted travel arrangements.

(7) The majority of travellers buying packages are consumers in the sense of Union consumer law. At the same time, it is not always easy to distinguish between consumers and

representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers. Such travellers often require a similar level of protection. In contrast, larger companies or organisations often make travel arrangements for their employees on the basis of a framework contract, often concluded for a specified period. The latter type of travel arrangements do not require the level of protection designed for consumers. Therefore, this Directive should apply to business travellers where they do not make travel arrangements on the basis of a framework contract. To avoid confusion with the definition of the term 'consumer' in other consumer protection directives, persons protected under this Directive should be referred to as 'travellers'.

(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 assumes responsibility for proper performance. In accordance with the case law of the Court of Justice of the European Union, 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.

(9) For the sake of transparency, packages should be distinguished from assisted travel arrangements, where online or high street agents assist travellers in procuring travel services leading the traveller to conclude contracts with different providers of travel services, including through linked booking processes, which do not contain those features and in relation to which it would not be appropriate to apply all obligations applying to packages.

(10) In light of market developments, it is appropriate to further define packages on the basis of alternative objective criteria which predominantly relate to the way in which the travel

services are presented or purchased and where travellers may reasonably expect to be protected by the Directive. This is the case, for instance where different travel services are selected for the same trip or holiday at a single point of sale before the traveller agrees to pay where such services are offered or charged at an inclusive or total price, as well as where such services are advertised or sold under the term 'package' or under a similar term indicating a close connection between the travel services concerned. Such similar terms could be for instance "combined deal", "all-inclusive" or "all-in arrangement".

(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, 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 advertisements on websites.

(12) The purchase of travel service on a stand-alone basis as a single travel service constitutes neither a package nor an assisted travel arrangement.

(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, for instance through linked online booking processes, facilitate the procurement of additional travel services from another trader in a targeted manner, where contracts are concluded not more than 48 hours after the confirmation of the first travel service. 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 organiser has assumed the responsibility for the travel services, such assisted arrangements constitute an alternative business model that often competes closely with packages.

(14) In order to ensure fair competition and to protect consumers, the obligation to provide sufficient evidence of security for the refund of pre-payments and the repatriation of

travellers in the event of insolvency should also apply to assisted travel arrangements.

(15) To increase clarity for travellers and enable them to make informed choices as to the different types of travel arrangements on offer, it is appropriate to require traders to state clearly and prominently whether they are offering a package or an assisted travel

arrangement, and of the corresponding level of protection, before the traveller agrees to pay .

A trader's declaration as to the legal nature of the travel product being marketed should

correspond to the true legal nature of the product concerned. The enforcement authorities

should intervene where traders do not provide accurate information to travellers.

(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. Accommodation for residential purposes, including for long-term language courses, should not be considered as accommodation within the meaning of this Directive. Services which are merely ancillary to other travel services, in the sense that they are intrinsically part of another service, should not be considered as travel services in their own right. This means that, for instance,

transport of luggage provided as part of carriage of passengers, or meals and cleaning provided as part of accommodation, should not be considered as tourist services in their own right. This also means that in cases where, unlike in the case of a cruise, overnight accomodation is provided as part of passenger transport by road, rail, water or air, accomodation should not be considered as a travel service in itself.

(17) Other tourist services, such as admission to concerts, sport events, or event parks, excursions, guided tours, ski passes and rental of sports equipment such as skiing equipment, 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 services should be relevant for the constitution of a package only if they account 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 20% of the total price or otherwise represents an essential feature of the trip or holiday. It should be clarified that, where other travel services are added, for instance, to hotel accommodation, booked as a stand-alone service, after the traveller's arrival at the hotel, this should not constitute a package. Contracts on financial services, such as travel insurance, or contracts on travel services, for instance transport to or from the airport, arranged by a service provider or an intermediary independently of the organiser, should be outside the scope of this Directive.

(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.

(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 as well as packages or assisted travel arrangements offered or facilitated on a not-for-profit basis to a limited group of travellers and occasionally should be excluded from the scope of this Directive. The latter group may for example concern trips organised not more than twice a year by charities for their members, without being offered to a large number of travellers or being advertised to a large audience.

(19a) Member States should remain competent, in accordance with Union law, to apply the provisions of this Directive to areas not falling within its scope. Member States may therefore maintain or introduce national legislation corresponding to the provisions of this Directive, or certain of its provisions, in relation to contracts that fall outside the scope of this Directive. For instance, Member States may maintain or introduce corresponding provisions for certain stand-alone contracts regarding single travel services (as for example the rental of holiday homes) or for packages organised occasionally, on a not-for-profit basis and offered to a limited group of travellers.

(20) The main characteristic of package travel is that at least one trader is responsible as an organiser for the proper performance of the package as a whole. Only in cases where another trader is acting as the organiser of a package should a trader, typically a high street or on line travel agent, be able to act as a mere retailer or intermediary and not be liable as an

organiser. Whether a trader is acting as an organiser for a given package should depend on its involvement in the creation of a package as defined under this Directive, and not on the denomination under which it carries out its business. Member States should be free to place liability on the organiser and the retailer.

(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. To facilitate communication, in particular in cross-border cases, travellers should have the possibility of contacting the organiser also via the retailer through which they bought the package.

(22) The traveller should receive all necessary information before purchasing a package, whether it is sold through means of distance communication, over the counter or through other types of distribution. In providing this information, the trader should take into account the specific needs of travellers who are particularly vulnerable because of their age or physical infirmity, which the trader could reasonably foresee.

(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 precontractual

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. However, in light of new communication technologies, there is no longer any need to lay down specific rules on brochures, while it is appropriate to ensure that, in certain circumstances, changes impacting the contract performance are communicated between the parties on a durable medium accessible for future reference. It should always be possible to make changes to that information where both parties to the contract expressly agree on that.

(24) The information requirements laid down in this Directive are exhaustive, but should be without prejudice to the information requirements provided for in other applicable Union legislation.

(25) Taking into account the specificities of package travel contracts, rights and obligations of the parties should be laid down, for the time before and after the start of the package, in

particular if the package is not properly performed or if particular circumstances change.

(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 payment of an appropriate fee, taking into account expected and justifiable cost savings, as well as the right to terminate the contract free of charge where unavoidable and extraordinary circumstances will significantly affect the performance of the package. This may cover for example warfare, other serious security problems such as terrorism, floods or earthquakes, significant risks to human health such as the outbreak of a serious disease at the travel destination or weather conditions which make it impossible to travel safely to the destination as agreed in the contract.

(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.

(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. This may for instance be the case if the quality or the value of the travel services diminishes. Price increases should be possible only if there has been a change in the cost of fuel or other power sources for the carriage of passengers, in taxes or fees imposed by a third party not directly involved in the performance of the included travel services or in the exchange rates relevant to the package and if both an upward and downward revision of the price is expressly reserved in the contract. If the organiser proposes a price increase of more than 8% the traveller should be able to terminate the contract.

(29) It is appropriate to set out specific rules on remedies as regards the lack of conformity in the performance of the package travel contract. The traveller should be entitled to have

problems resolved and, where a significant proportion of the services contracted for cannot be provided, the traveller should be offered alternative arrangements. If the organiser does not remedy the lack of conformity within a reasonable period of time set by the traveller, the traveller should be able do so himself and demand reimbursement of his expenses. In certain cases there should not be a need to specify a time-limit, especially if immediate remedy is required. This would apply, for instance, when, due to the delay of the bus provided by the organiser, the traveller has to take a taxi to reach his flight on time. Travellers should also be entitled to a price reduction, termination and compensation for damages. Compensation should also cover any non-material damage, in particular in case of a spoilt trip or holiday. The traveller should be under a duty to communicate at the earliest opportunity a lack of conformity he perceives. Failure to do so may be taken into account when determining the appropriate price reduction or compensation where such notice would have avoided or reduced the damage.

(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 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 Air, the Convention of 1980 concerning International Carriage by Rail (COTIF) and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea. 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 proposal 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 flights.

(31) This Directive should not affect the rights of travellers to present claims both under this

Directive and under any other relevant Union legislation or international conventions, 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,

in order to avoid overcompensation, compensation or price reduction granted under this

Directive and the compensation or price reduction granted under the other legal acts should

be deducted from each other. The organiser's liability is without prejudice to the right to

seek redress from third parties, including service providers.

(32) If the traveller is in difficulty during the trip or holiday, the organiser should be obliged to give appropriate assistance. Such assistance should consist mainly in providing, where

appropriate, information on aspects such as health services, local authorities and consular assistance, as well as practical help, for instance with regard to distance communications and alternative travel arrangements.

(33) In its Communication on passenger protection in the event of airline insolvency, the

Commission set out measures to improve the protection of travellers in the event of an airline insolvency, including better enforcement of Regulation (EC) No 1008/2008 on common rules for the operation of air services in the Community, of Regulation No 261/2004 on air passenger rights and engagement with industry stakeholders, failing which a legislative measure could be considered. That Communication concerns the purchase of an individual component, namely air travel services, and therefore is without prejudice to existing rules on packages and does not prevent the legislators to provide for insolvency protection also for buyers of other modern combinations of travel services.

(34) Member States should ensure that travellers purchasing a package are fully protected against the insolvency of the organiser. Member States in which organisers are established should

ensure that they provide security for the refund of all payments made by travellers and, insofar as a package includes the carriage of passengers, for their repatriation in the event of their insolvency. While retaining discretion as to the way in which insolvency protection is to be arranged, Member States should ensure that the protection is effective. Effectiveness implies that the protection should become available as soon as, as a consequence of the organiser's liquidity problems, travel services are not being performed, will not be or will only partially be performed or service providers require travellers to pay for them. Member States may require that organisers provide travellers with a certificate documenting a direct entitlement against the provider of the insolvency protection.

(34a) For the insolvency protection to be effective, it should cover the foreseeable amounts of payments affected by a trader's insolvency and, where applicable, the foreseeable cost for repatriations.

(34b) This means that the protection has to be sufficient to cover all foreseeable payments received by an organiser in peak season, taking into account the period between receiving such

payments and the completion of the trip or holiday, as well as, where applicable, the foreseeable cost for repatriations. This will generally mean that the security has to cover a sufficiently high percentage of the organiser's turnover in packages, and may depend on factors such as the kind of packages sold, including the mode of transport, the travel destination, and any legal restrictions or the organiser's commitments regarding the amounts of pre-payments it may accept and their timing before the start of the package. Whereas the necessary cover may be calculated on the basis of the most recent business data, for instance the turnover achieved in the last business year, organisers should be obliged to adapt the protection in case of increased risks, including an significant increase in the sale of packages.

However, effective insolvency protection should not have to take into account highly remote risks, for instance the simultaneous insolvency of several of the largest organisers, where to do so would disproportionately affect the cost of the protection, thus hampering its effectiveness. In such cases the guarantee for refunds may be limited.

(34c) In light of national particularities regarding the parties to a package travel contract and the receipt of payments from travellers, Member States should be allowed to require also

retailers to take out insolvency protection.

(35) In accordance with the Treaty and in line with Directive 2006/123/EC of the European

Parliament and of the Council of 12 December 2006 on services in the internal market it is appropriate to lay down rules so as to prevent that the insolvency protection obligations act as an obstacle to the free movement of services and the freedom of establishment. Therefore, Member States should be obliged to recognise insolvency protection under the law of the Member State of establishment. To facilitate the administrative cooperation and supervision of businesses which are active in different Member States with regard to insolvency protection, Member States should be obliged to designate central contact points.

(36) Traders facilitating assisted travel arrangements should be obliged to inform travellers that they are not buying a package and that individual service providers are solely responsible for the performance of their contracts. Traders facilitating assisted travel arrangements should, in addition, be obliged to provide insolvency protection for the refund of payments they

receive and, insofar as they are responsible for the carriage of passengers, for the travellers' repatriation, and should inform travellers accordingly. Traders responsible for the performance of the individual contracts forming part of an assisted travel arrangement are subject to general Union consumer protection legislation and sector-specific Union legislation.

(36a) When laying down rules on the insolvency protection to be provided by traders in relation to packages and assisted travel arrangements, Member States should not be prevented from

taking into account the special situation of smaller companies.

(37) It is appropriate to protect travellers in situations where a retailer arranges the booking of a package or where a trader facilitates an assisted travel arrangement and where such traders make mistakes in the booking process.

(38) It is also appropriate to confirm that travellers may not waive rights stemming from this

Directive and organisers or traders facilitating assisted travel arrangements may not escape from their obligations by claiming that they are simply acting as a service provider, an intermediary or in any other capacity.

(39) It is necessary that Member States lay down penalties for infringements of national provisions transposing this Directive and ensure that they are enforced. The penalties should be effective, proportionate and dissuasive.

(40) The adoption of this Directive makes it necessary to adapt certain consumer protection acts. Taking into account that Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights in its current form does not apply to contracts

covered by Directive 90/314/EEC, it is necessary to amend Directive 2011/83/EU to ensure that it continues to apply to individual travel services that form part of an assisted travel arrangement, insofar as those individual services are not otherwise excluded from the scope of Directive 2011/83/EU, and that certain consumer rights laid down in that Directive also apply to packages.

(40a) The law applicable to a contract should be determined in accordance with the Union rules on private international law, in particular Regulation (EC) No 593/2008 of the European

Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

(40b) It should be clarified that the regulatory requirements of this Directive regarding insolvency protection and information in relation to assisted travel arrangements should apply also to

traders not established in a Member State which by any means direct their activities to one or more Member States. The latter concept should be interpreted as in Regulation (EU) No 1215/2012 and Regulation (EC) No 593/2008.

(41) This Directive should be without prejudice to national contract law for those aspects that are not regulated by it. Since this Directive aims to contribute to the proper functioning of the

internal market and to the achievement of a high level of consumer protection, its objectives cannot be achieved by the Member States and can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve its objectives.

(42) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. The proposal, in particular, respects the freedom to conduct a business laid down in Article 16 of the Charter, while ensuring a

high level of consumer protection within the Union, in accordance with Article 38 of the Charter.

(43) In accordance with the Joint Political Declaration of Member States and the Commission of 28 September 2011 on explanatory documents, Member States have undertaken to

accompany, in justified cases, the notification of their transposition measures with one or more documents explaining the relationship between the components of a directive and the corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

HAVE ADOPTED THIS DIRECTIVE:

Chapter I

Subject matter, scope and definitions

Article 1 Subject matter

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 and assisted travel arrangements concluded between travellers and traders.

Article 2 Scope

• 1. 

  This Directive shall apply to packages 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) where they are offered for sale or sold by traders to travellers.

• 2. 

  This Directive shall not apply to:

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

  (aa) packages and assisted travel arrangements offered or facilitated on a not-for-profit basis, provided they are offered:

  • - 

    only to a limited group of travellers and

  • - 

    not more than occasionally;

  (b) contracts covering financial services concluded in connection with a package travel contract or an assisted travel arrangement;

  (c) packages and assisted travel arrangements purchased on the basis of a framework contract 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 or where a traveller specifies that he is travelling for professional

  purposes;

  (e) contracts covering exclusively a single travel service;

  (ea) contracts covered by Directive 2008/122/EC of the European Parliament and of the Council of 14 January 2009 on the protection of consumers in respect of certain

  aspects of timeshare, long-term holiday product, resale and exchange contracts.

  Article 3 Definitions

For the purposes of this Directive, the following definitions shall apply:

(1) 'travel service' means:

(a) carriage of passengers,

(b) accommodation other than for residential purposes and if it is not ancillary to carriage of passengers,

(c) car rental,

(d) any other tourist service, including rental of other means of transport, not ancillary to carriage of passengers, accommodation or car rental;

(2) 'package' means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if

(a) those services are combined by one trader, including at the request or according to the selection of the traveller, before a single contract on all services is concluded, or

(b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are:

(i) purchased from a single point of sale and at least two different travel services have been selected before the traveller agrees to pay,

(ii) offered or charged at an inclusive or total price,

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

(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.

Combinations where not more than one travel service as referred to in points (a), (b), or (c)

of paragraph 1 is combined with a travel service as referred to in point (d) of paragraph 1

are not packages if the latter service does not account for a significant proportion of the

package, or is added only after the performance of a travel service in the sense of points

(a), (b) or (c) has started.

(3) 'package travel contract' means a contract on the package as a whole or, if the package is provided under different contracts, all contracts covering services included in the package;

(4) 'start of the package' means the beginning of the performance of the first travel service included in the package travel contract;

(5) 'assisted travel arrangement' means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package within the meaning of paragraph 2 (b), resulting in the conclusion of separate contracts with the individual

travel service providers, if a trader facilitates:

(a) on the occasion of a single visit or contact with its point of sale, the separate selection and separate payment of each travel service by travellers, or

(b) in a targeted manner, the procurement of additional travel services from other traders where contracts with such other traders are concluded not more than 48 hours after

the confirmation of the first travel service;

(6) 'traveller' means any person who is seeking to conclude or is entitled to travel on the basis of a contract concluded within the scope of this Directive, including business travellers

insofar as they do not travel on the basis of a framework contract;

(7) 'trader' means any natural person or 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;

(8) 'organiser' means a trader who combines and sells or offers for sale packages in the sense of paragraph 2, either directly or through another trader or together with another trader;

(9) 'retailer' means a trader other than the organiser who sells or offers for sale packages combined by an organiser;

(9a) “establishment” means establishment as referred to in Article 49 of the Treaty and in Article 4(5) of Directive 2006/123/EC on services in the single market;

(10) 'durable medium' means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a

period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

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

(12) 'lack of conformity' means lack of or improper performance of the travel services included in a package;

(13) 'minor' means a person below the age of 18 years;

(14) 'point of sale' means any retail premises, whether movable or immovable, as well as a retail website or similar online sales facility, including where retail websites or online sales

facilities are presented to the travellers as a single facility, including a telephone service;

(15) 'repatriation' means the traveller's return to the place of departure or to another place the parties agree on.

Chapter II

Information obligations and content of the

package travel contract

Article 4 Pre-contractual information

• 1. 

  Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the following information where applicable to the package:

  (a) the main characteristics of the travel services:

  (i) the travel destination(s), itinerary and periods of stay, with dates and, where accomodation is included, the number of nights included;

  (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, the duration and places of intermediate stops and transport connections;

  (iii) the location, main features and, where applicable, tourist category of the accommodation under the rules of the host country concerned;

  (iv) the meal plan;

  (v) visits, excursion(s) or other services included in the total price agreed for the package;

  (vi) where the traveller’s benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out, and,

  (vii) whether the trip or holiday is generally suited for persons with reduced mobility, and, upon request of the traveller, also precise information on suitability of the trip or holiday in light of the traveller's needs;

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

(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 of the conclusion of the contract, the fact that the traveller may have to bear such additional costs;

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

(e) where appropriate the minimum number of persons required for the package to take place and the time-limit referred to in Article 10(3) before the start of the package for the possible cancellation if that number is not reached;

(f) general information on passport and visa requirements for nationals of the Member State(s) concerned and information on health formalities;

(g) confirmation that the services constitute a package within the meaning of this

Directive and information on the provision of insolvency protection which applies to the package in accordance with Annex 1.

(ga) information on optional or compulsory insurance to cover the cost of cancellation by the traveller or the cost of assistance, including repatriation, in the event of accident or illness.

(gb) that the traveller will benefit from the rights granted by Articles 8 (2), 19, 21 and 22 of Directive 2011/83/EU

• 2. 

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

  Article 5 Binding character of pre-contractual information and conclusion of the contract

• 1. 

  Member States shall ensure that the information provided to the traveller pursuant to points (a), (c), (d), (e) and (g) of Article 4(1) shall form an integral part of the package travel

  contract and shall not be altered unless the contracting parties expressly agree otherwise.

• 2. 

  If the information on additional fees, charges or other costs referred to in point (c) of

  Article 4(1) is not provided prior to the conclusion of the contract, the traveller shall not bear those fees, charges or other costs.

  Article 6 Content of the package travel contract and documents to be supplied before the start of the package

• 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 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 is entitled to request a paper copy if the contract has been concluded in the presence of the organiser or retailer.

• 2. 

  The contract or the confirmation of the contract shall include all the information referred to in Article 4(1) and the following information:

  (a) special requirements of the traveller which the organiser has accepted;

  (b) information that the organiser is:

  (i) responsible for the proper performance of all included travel services and

  (ii) obliged to provide assistance if the traveller is in difficulty in accordance with Article 14;

  (ba) the name of the entity providing the insolvency protection and its contact details, including its geographical address;

  (c) the details such as name, address, telephone number and, where applicable, e-mail address and the fax number of the organiser's local representative, a contact point or an emergency service which enables the traveller to contact the trader quickly and communicate with him efficiently, to seek assistance when in difficulty or to

  complain about any lack of conformity perceived during the performance of the package;

  (e) information that the traveller may terminate the contract at any time before the start of the package against payment of a reasonable standardised termination fee or an

appropriate termination fee calculated in accordance with Article 10 (1);

(f) where minors, unaccompanied by a parent or another authorised adult, travel on a package that includes accommodation, information enabling direct contact with the minor or the person responsible at the minor's place of stay;

(g) information on available in-house complaint handling procedures and on alternative dispute resolution entities as defined in point (h) of Article 4 (1) of Directive

2013/11/EU of the European Parliament and of the Council by which the trader is covered and, where applicable, on the online dispute resolution platform pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council.

(h) information on the traveller's right to transfer the contract to another traveller in accordance with Article 7.

• 3. 

  The information referred to in paragraph 2 shall be provided in a clear, comprehensible and prominent manner.

3a Member States may maintain or introduce in their national law language requirements regarding the contractual information, so as to ensure that such information is easily

understood by the consumer.

• 4. 

  In good time before the start of the package, the organiser shall provide the traveller with the necessary receipts, vouchers or tickets, information on the scheduled times of departure and, where applicable, the deadline for check-in, as well as the scheduled times for

  intermediate stops, transport connections and arrival.

Article 6a

As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader.

Chapter III

Changes to the contract before the start of the package

Article 7 Transfer of the contract to another traveller

• 1. 

  Member States shall ensure that a traveller may, after giving the organiser 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.

• 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 due to the transfer of the contract.

2a. It will be for the organiser to prove the additional expenses or costs resulting from the transfer of the contract.

Article 8

Alteration of the price

• 1. 

  Member States shall ensure that after the conclusion of the contract, prices may be increased only if the contract expressly reserves this possibility and states that the traveller is entitled to price reduction under paragraph 4. In that case the contract shall state how price revisions are to be calculated. Price increases shall be possible exclusively as a direct consequence of changes in:

  (a) the cost of fuel or other power sources for the carriage of passengers,

  (b) the level of taxes or fees on the included travel services imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or

  (c) the exchange rates relevant to the package.

• 2. 

  If the price increase referred to in paragraph 1 exceeds 8% of the price of the package, the traveller may terminate the contract in accordance with Articles 9 (2) and (4).

• 3. 

  Irrespective of its extent, a price increase shall be possible only if the organiser notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the package.

• 4. 

  If the contract stipulates the possibility of price increases, the traveller shall have the right to a price reduction corresponding to a decrease of the costs referred to in points (a), (b)

  and (c) of paragraph 1 that occurs after the conclusion of the contract and not later than 20 days prior to the start of the package.

• 5. 

  In case of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller.

  Article 9 Alteration of other contract terms

• 1. 

  Member States shall ensure that, before the start of the package, the organiser may not unilaterally change contract terms other than the price in accordance with Article 8, unless:

  (a) the organiser has reserved that right in the contract,

  (b) the change is insignificant, and

  (c) the organiser informs the traveller in a clear, comprehensible and prominent manner on a durable medium.

• 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(1) or

  special requirements as referred to in point (a) of Article 6(2), the traveller may accept the proposed change or terminate the contract within a reasonable time-limit specified by the organiser. If the traveller does not accept the proposed alteration within the specified timelimit, the contract is deemed terminated, unless the organiser extends this time-limit and the traveller accepts the contract change within that period.

  The organiser shall without undue delay inform the traveller in a clear, comprehensible and

  prominent manner on a durable medium of:

  (a) the proposed changes,

  (aa) where appropriate in accordance with paragraph 3, the impact on the price of the package, and

  (b) the fact that, if the traveller does not accept the proposed alteration within the specified reasonable time-limit, the contract will be terminated without penalty.

• 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 entitled to an appropriate price reduction.

• 4. 

  If the contract is terminated pursuant to paragraph 2, the organiser shall refund all payments received from the traveller without undue delay and in any event not later than fourteen days after the contract is terminated and Article 12 (2), (3), (4), (5) and (6) shall apply accordingly.

  Article 10 Termination of the contract and the right of withdrawal before the start of the package

• 1. 

  Member States shall ensure that the traveller may terminate the contract before the start of the package. Where the traveller terminates the contract under this paragraph the traveller may be required to pay an appropriate termination fee to the organiser. The contract may specify reasonable standardised termination fees based on the time of the termination

  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 package minus the cost savings and income from alternative deployment of the travel service.

• 2. 

  The traveller shall have the right to terminate the contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary

  circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package, or which significantly affect the carriage of passengers to the destination. In the event of termination under this paragraph the traveller shall be entitled to a full refund of any payments made, but shall not be entitled to additional compensation.

• 3. 

  The organiser may terminate the contract and provide the traveller with a full refund of any payments they have made for the package, but shall not be liable for additional

  compensation, if:

  (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, but not later than;

  (i) 14 days before the start of the package in the case of trips lasting more than six days, (ii) seven days before the start of the package in the case of trips lasting between two and six days, (iii) 48 hours before the start of the package in the case of one-day trips; or

  (b) the organiser 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.

• 4. 

  The organiser shall provide any refunds required under paragraphs 2 and 3, or with respect to paragraph 1 reimburse any payments the traveller has made for the package less the

  appropriate termination fee. Such refunds or reimbursements shall be made to the traveller without undue delay and in any event not later than fourteen days.

• 5. 

  With respect to off-premises contracts where the contractual negotiations were not conducted at the traveller’s request, Member States may provide in their national law that the traveller has the right to withdraw from the contract within a period of 14 days without giving any reason.

Chapter IV

Performance of the package

Article 11 Liability for the performance of the package

• 1. 

  Member States shall ensure that the organiser 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 or by other service providers.

  Member States may maintain or introduce provisions under which the retailer is also liable for the performance of the package. In that case all obligations on the organiser under Article 6 and Chapters III, IV and V shall also apply to the retailer.

• 2. 

  If any of the services are not performed in accordance with the contract, the organiser shall remedy the lack of conformity.

  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,

  and shall grant the traveller an appropriate price reduction where such alternative

  arrangements reduce the quality or cost of the package.

2a. If the organiser does not remedy the lack of conformity within a reasonable period of time set by the traveller, the traveller may do so himself and demand reimbursement of the

necessary expenses. There is no need to specify a time-limit if the organiser refuses to remedy the lack of conformity or if immediate remedy is required.

3a. The organiser may refuse to remedy the lack of conformity in accordance with paragraph 2 only where this is impossible or implies disproportionate costs, taking into account the

extent of the lack of conformity and the value of the affected services. The traveller may reject alternative arrangements if they are not comparable to what was agreed in the contract or the offered price reduction is inadequate. If the lack of conformity is not remedied, including by way of alternative arrangements, Article 12 shall apply.

• 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 continued

  accommodation exceeding three nights per traveller.

• 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 air, and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided the organiser has been notified of their particular needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable Union legislation.

  Article 12 Price reduction, compensation for damages and right to termination

• 1. 

  Member States shall ensure that the traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless it is attributable to the traveller.

1a. Where a lack of conformity substantially affects the performance of the package and the trader has failed to remedy it within a reasonable time-limit set by the traveller, the

traveller may terminate the contract free of charge and may, where appropriate, request compensation in accordance with paragraph 2. If the traveller terminates the contract and the package includes the carriage of passengers, the organiser shall, in addition, without delay repatriate the traveller at no extra cost.

• 2. 

  The traveller shall be entitled to receive compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity, including, where the lack of conformity is substantial, appropriate compensation for the loss of enjoyment of the trip or holiday.

• 3. 

  The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:

  (i) attributable to the traveller,

  (ii) attributable to a third party unconnected with the provision of the services contracted for and is unforeseeable or unavoidable, or

  (iii) due to unavoidable and extraordinary circumstances.

3a. The traveller shall inform the organiser without undue delay of any lack of conformity which he perceives during the performance of the travel service.

• 4. 

  Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. Insofar as international

  conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury or damage caused intentionally or with negligence and does not amount to less than three times the total price of the package.

• 5. 

  Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007,

  Regulation (EC) No 392/2009, Regulation (EU) No 1177/2010, Regulation (EU) No 181/2011 and under international conventions. Travellers shall be entitled to present claims under this Directive and under those legal acts. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under the other legal acts, shall be deducted from each other in order to avoid overcompensation.

• 6. 

  The prescription period for introducing claims under this Article shall not be shorter than one year.

  Article 13 Possibility to contact the organiser via the retailer

Without prejudice to Article 11(2) subparagraph 2, Member States shall ensure that the traveller may address messages or complaints in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, complaints to the organiser without undue delay. 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.

Article 14 Obligation to provide assistance

Member States shall ensure that the organiser gives appropriate assistance without undue delay to the traveller in difficulty including in the circumstances referred to in Article 11(5), in particular by:

(a) providing appropriate information on health services, local authorities and consular assistance, and

(b) assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.

The organiser shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller's negligence or intent. That fee shall not in any case exceed the actual costs incurred by the organiser.

Chapter V

Insolvency protection

Article 15 Effectiveness and scope of insolvency protection

• 1. 

  Member States shall ensure that organisers of packages established in their territory provide security for the refund of all payments made by travellers insofar as the relevant services are not performed as a consequence of their insolvency. If the carriage of

  passengers is included, organisers shall provide security also for the travellers.

  Organisers not established in a Member State which sell or offer for sale packages in a Member State or which by any means direct such activities to a Member State shall be obliged to provide the security according to the law of that Member State.

• 2. 

  The security shall be effective and shall cover insolvency caused by reasonably foreseeable events. It shall cover the amounts of payments received by the organiser, taking into

  account the length of the period between down payments and final payments and the completion of the packages, as well as the estimated cost for repatriations in the event of the organiser's insolvency.

2a. An organiser's insolvency protection shall benefit travellers regardless of their place of residence, the place of departure or where the package is sold and irrespective of the

Member State where the operator or body providing the protection is established.

2b. When the performance of the package is affected by the organiser's insolvency, the security shall be available free of charge to ensure repatriations and, if necessary, the financing of

accommodation prior to the repatriation.

2c. For travel services that have not been performed, refunds shall be granted without undue delay following the traveller's request.

Article 16 Mutual recognition of insolvency protection and administrative cooperation

• 1. 

  Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection a trader provides under the rules of the Member State of its establishment transposing Article 15.

• 2. 

  Member States shall designate central contact points to facilitate the administrative cooperation and supervision of traders operating in different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.

• 3. 

  The central contact points shall make available to each other all necessary information on their national insolvency protection requirements and the identity of the body or bodies

  providing insolvency protection for traders established in their territory. They shall grant each other access to any available inventory listing traders which are in compliance with their insolvency protection obligations. Any such inventory shall be publicly accessible, including on-line.

• 4. 

  If a Member State has doubts about the insolvency protection of a trader, it shall seek clarification from the trader's Member State of establishment. Member States shall respond to requests from other Member States as quickly as possible in light of the urgency and complexity of the matter.

Chapter VI

Assisted travel arrangements

Article 17 Insolvency protection and information requirements for assisted travel arrangements

• 0. 

  Member States shall ensure that traders facilitating the procurement of assisted travel arrangements within the meaning of Article 3 (5) shall provide security for the refund of all payments they receive from travellers insofar as a travel service which is part of an assisted travel arrangement is not performed as a consequence of their insolvency. If such traders are the party responsible for the carriage of passengers, the security shall also cover the traveller's repatriation. Article 15 (1) second subparagraph, paragraphs (2) to (2c) and Article 16 shall apply accordingly.

• 1. 

  Before the traveller is bound by any contract leading to the creation of an assisted travel arrangement or any corresponding offer, the trader facilitating the procurement of assisted travel arrangements, including where the trader is not established in a Member State but, by any means, directs such activities to a Member State, shall state in a clear and

  prominent manner:

  (a) that the traveller will not benefit from any of the rights granted by this Directive exclusively to package travellers and that each service provider will be solely

responsible for the correct contractual performance of its service and

(b) that the traveller will benefit from insolvency protection in accordance with paragraph (0),

(c) that the traveller will benefit from the rights granted by Articles 8 (2), 19, 21 and 22 of Directive 2011/83/EU

In order to comply with this paragraph, the trader shall use the relevant standard notice in Annex 2.

• 2. 

  Member States shall provide that, where the trader facilitating the procurement of assisted travel arrangements has not complied with the requirements set out in paragraphs 0 and 1 of this Article, it shall, in relation to the travel services included in the assisted travel

arrangement, be liable under Articles 11 and 12 like an organiser of a package.

Chapter VII

General provisions

Article 18 Particular obligations of the retailer where the organiser is established outside the EEA

Without prejudice to the second sub-paragraph of Article 11 (1), where the organiser is established outside the EEA, the retailer established in a Member State shall be subject to the obligations laid down for organisers in Chapters IV and V, unless the retailer provides evidence that the organiser complies with Chapters IV and V.

Article 19 Liability for booking errors

Member States shall ensure that a retailer who has agreed to arrange the booking of a package or a trader facilitating an assisted travel arrangements shall be liable for any errors he makes during the booking process or for any technical defects in the booking system which are attributable to him. A trader shall not be liable for booking errors which are attributable to the traveller or which are caused by unavoidable and extraordinary circumstances.

Article 20 Right of redress

In cases where an organiser or, in accordance with the second subparagraph of Articles 11(1) or

Article 18, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on it under this Directive, no provision of this Directive or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations.

Article 21 Imperative nature of the Directive

• 1. 

  A declaration by an organiser that he is acting exclusively as a provider of a travel service, as an intermediary or in any other capacity, or that a package within the meaning of this

  Directive does not constitute a package, shall not absolve the organiser from the obligations imposed on organisers under this Directive.

• 2. 

  Travellers may not waive the rights conferred on them by the national measures transposing this Directive.

• 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 not be binding on the traveller.

Article 22 Enforcement

Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

Article 23 Penalties

Member States shall lay down the rules on penalties applicable to the 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.

Article 24 Reporting by the Commission and review

By [5 years after its entry into force], the Commission shall submit a report on the application of this Directive to the European Parliament and the Council. The report shall be accompanied, where necessary, by legislative proposals to adapt this Directive to developments in the field of traveller rights.

Article 25 Amendment of Regulation (EC) No 2006/2004 and Directive 2011/83/EU

• 1. 

  Point 5 of the Annex to Regulation (EC) No 2006/2004 is replaced by the following:

  '5. Directive [this Directive] of the European Parliament and of the Council of [date of adoption] on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004, Directive 2011/83/EU and repealing Council Directive 90/314/EEC (OJ […])'.

• 2. 

  Point (g) of Article 3(3) of Directive 2011/83/EU is replaced by the following:

  '(g) on packages as defined in Article 3(2) of Directive […] of the European Parliament and of the Council of [date of adoption] on package travel and assisted travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU and repealing Council Directive 90/314/EEC (OJ […])", with the exception of Article 8(2), Article 19, Article 21 and Article 22.

Chapter VIII

Final provisions

Article 26 Repeals

Directive 90/314/EC is repealed as of [30 months after the entry into force of this Directive].

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the table in Annex I to this Directive.

Article 27 Transposition

• 1. 

  Member States shall adopt and publish, by 24 months after the entry into force of this

  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.

• 2. 

  They shall apply those provisions from 30 months after the entry into force of this

  Directive

• 3. 

  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.

• 4. 

  Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

  Article 28

  Entry into force

This Directive shall enter into force on the [twentieth day following that of its publication in the Official Journal of the European Union].

Article 29 Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

ANNEX 1

A. Information to be provided in an on-line situation

The combination of travel services offered to you is a package within the meaning of the EU Package Travel Directive.

Therefore, you will benefit from all EU rights of package travellers. Company\ies XY will be fully responsible for the correct performance of the trip or holiday as a whole.

Additionally, as required by law, company\ies XY has\have taken out insolvency protection.

More information

Following the link the traveller will receive this information:

Key Rights under the EU Package Travel Directive

Key Rights under the EU Package Travel Directive

• Travellers receive all essential information about the holiday before signing the contract.

• There is always at least one party that is liable for the correct performance of all the services included in the contract.

• Travellers are given an emergency number or a contact point where they can get in touch with the organiser or the travel agent.

• Travellers can transfer the package to another person, possibly subject to a fee, if they cannot leave on holiday themselves.

• The price of the trip cannot be changed later than 20 days before departure and only for specific reasons. If the increase exceeds 8% the traveller may terminate the contract. If the organiser reserves the right to a price increase the traveller has a right to a price reduction under the same circumstances.

• Travellers may cancel the contract free of charge and get their money back if any of the essential elements of the package, other than the price, are changed. If, before departure, the trader responsible for the holiday cancels the package, travellers are entitled to a refund and compensation where appropriate.

• Travellers may cancel the contract free of charge before departure in exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the holiday.

• Additionally, travellers may always cancel the contract against a fee, including where they wish to cancel for personal reasons.

• If, after departure, significant parts of the package cannot be provided as agreed, alternative arrangements have to be made, at no extra cost, so that travellers can continue their holiday.

• The organiser has to provide assistance if a traveller is in difficulty. • If the trader responsible becomes insolvent, payments will be refunded. If the trader becomes insolvent after departure of the traveller and if transport is included in the trip or holiday, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ [contact details of the insurance body/authority providing insolvency protection]. You may contact this body/authority if services are denied because of XY's insolvency.

Directive 2015/XX/EU as transposed into the relevant national law(s) [LINK]

B. Information sheet to be provided where a package travel contract is to be concluded in the physical presence of a trader

The combination of travel services offered to you is a package within the meaning of the EU Package Travel Directive.

Therefore, you will benefit from all EU rights of package travellers. Company\ies XY will be fully responsible for the correct performance of the trip or holiday as a whole.

Additionally, as required by law, company\ies XY has\have taken out insolvency protection.

Key Rights under the EU Package Travel Directive

• Travellers receive all essential information about the holiday before signing the contract.

• There is always at least one party that is liable for the correct performance of all the services included in the contract.

• Travellers are given an emergency number or a contact point where they can get in touch with the organiser or the travel agent.

• Travellers can transfer the package to another person, possibly subject to a fee, if they cannot leave on holiday themselves.

• The price of the trip cannot be changed later than 20 days before departure and only for specific reasons. If the increase exceeds 8% the traveller may terminate the contract. If the organiser reserves the right to a price increase the traveller has a right to a price reduction under the same circumstances.

• Travellers may cancel the contract free of charge and get their money back if any of the essential elements of the package, other than the price, are changed. If, before departure, the trader responsible for the holiday cancels the package, travellers are entitled to a refund and compensation where appropriate.

• Travellers may cancel the contract free of charge before departure in exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the holiday.

• Additionally, travellers may always cancel the contract against a fee, including where they wish to cancel for personal reasons.

• If, after departure, significant parts of the package cannot be provided as agreed, alternative arrangements have to be made, at no extra cost, so that travellers can continue their holiday.

• The organiser has to provide assistance if a traveller is in difficulty. • If the trader responsible becomes insolvent, payments will be refunded. If the trader becomes insolvent after departure of the traveller and if transport is included in the trip or holiday, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ [contact details of the insurance body/authority providing insolvency protection]. You may contact this body/authority if services are denied because of XY's insolvency.

[Website where Directive 2015/XX/EU as transposed into the relevant national law(s) can be found.]

ANNEX 2

A. Information to be provided in the situation of an online reservation if the trader facilitating the assisted travel arrangement is a carrier selling a return ticket

When booking any additional travel services you will NOT benefit from rights of package travellers under the EU Package Travel Directive.

Therefore, company XY will not be responsible for the correct performance of such additional travel services. In case of problems please contact the relevant service provider.

However, as required by law, company XY has taken out insolvency protection.

More information

Following the link the traveller will receive this information:

"Insolvency protection" means that there is a guarantee for the refund of your payments if any of the booked travel services is not carried out due to XY becoming insolvent and for your return to the place of departure. XY has taken out insolvency protection with YZ (contact details -including name, geographical address, e-mail and phone number- of the body in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). You may contact this body if the services you have booked are denied because of XY's insolvency.

Directive 2015/XX/EU as transposed into the relevant national law(s) [LINK] B. Information to be provided in the situation of an online reservation if the trader facilitating the

assisted travel arrangement is service provider other than a carrier selling a return ticket

When booking any additional travel services you will NOT benefit from rights of package travellers under the EU Package Travel Directive.

Therefore, company XY will not be responsible for the correct performance of such additional travel services. In case of problems please contact the relevant service provider.

However, as required by law, company XY has taken out insolvency protection.

More information

Following the link the traveller will receive this information:

"Insolvency protection" means that there is a guarantee for the refund of your payments if any of the booked travel services is not carried out due to XY becoming insolvent. XY has taken out insolvency protection with YZ (contact details -including name, geographical address, e-mail and phone number- of the body in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). You may contact this body if the services you have booked are denied because of XY's insolvency.

Directive 2015/XX/EU as transposed into the relevant national law(s) [LINK] C. Information to be provided in the situation of an online reservation if the trader facilitating the

assisted travel arrangement is not a service provider

When booking additional travel services through company XY for your trip or holiday you will NOT benefit from rights of package travellers under the EU Package Travel Directive.

Therefore, company XY will not be responsible for the correct performance of the individual travel services. In case of problems please contact the relevant service provider.

However, as required by law, company XY has taken out insolvency protection.

More information

Following the link the traveller will receive this information:

"Insolvency protection" means that you are guaranteed a refund if any of the booked travel services is not carried out due to XY becoming insolvent. XY has taken out insolvency protection with YZ (contact details -including name, geographical address, e-mail and phone number- of the body in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). You may contact this body if the services you have booked are denied because of XY's insolvency.

Directive 2015/XX/EU as transposed into the relevant national law(s) [LINK] D. Information sheet where the trader facilitating the assisted travel arrangement is not a service

provider and the contracts are to be concluded in the physical presence of the trader

When booking additional travel services through company XY for your trip or holiday you will NOT benefit from rights of package travellers under the EU Package Travel Directive.

Therefore, company XY will not be responsible for the correct performance of the individual travel services. In case of problems please contact the relevant service provider.

However, as required by law, company XY has taken out insolvency protection.

"Insolvency protection" means that you are guaranteed a refund if any of the

booked travel services is not carried out due to XY becoming insolvent. XY has

taken out insolvency protection with YZ (contact details -including name,

geographical address, e-mail and phone number- of the body in charge of the

insolvency protection, e.g. a guarantee fund or an insurance company). You may

contact this body if the services you have booked are denied because of XY's

insolvency.