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 - Preparation of 3rd informal trilogue - Hoofdinhoud

Council of the European Union

Brussels, 14 April 2015

PUBLIC

(OR. en)

7535/15

Interinstitutional File:

2013/0246 (COD) i LIMITE

CONSOM 56 MI 191 TOUR 4 JUSTCIV 65 TRANS 110 CODEC 417

NOTE

From: Presidency

To: Permanent Representatives Committee/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 i, Directive 2011/83 i/EU and repealing Council Directive 90/314/EEC i

- Preparation of 3rd informal trilogue

I. INTRODUCTION

• 1. 

  On 9 July 2013, the Commission submitted its proposal based on Article 114 of the Treaty, as

  well as a communication on "Bringing the EU package travel rules into the digital age".

• 2. 

  The existing Directive, which was adopted in 1990, created rights for travellers purchasing

  package holidays, typically consisting of passenger transport and accommodation. A ruling by

  the Court of Justice from 2002 clarified that the notion of "pre-arranged combination" also

  covers travel services combined by a travel agent at the customer's express request just before

  the conclusion of a contract between the two.

• 3. 

  However, back in 1990 the travel market was much simpler and on-line sales did not exist

  That being the case, the Commission considers that it remains unclear to what extent modern

  ways of combining travel services are covered by the existing Directive and it has highlighted

  significant differences in the legislation of the Member States due to the minimum

  harmonisation approach.

II. STATE OF PLAY

• 4. 

  The examination of the proposal by the Working Party on Consumer Protection and

  Information started in September 2013 and has since continued uninterrupted.

• 5. 

  On 6 September 2013, the Council decided to consult the Economic and Social Committee,

  which adopted its opinion on 11 December 2013. On 19 September 2013, the Council decided

  to consult the Committee of the Regions, which took the decision not to deliver an opinion.

• 6. 

  The European Parliament adopted its position at first reading on 12 March 2014. In November

  2014 the current European Parliament appointed Ms Birgit COLLIN-LANGEN (PPE/DE) as

  rapporteur.

• 7. 

  On 4 December 2014, the Council (COMPET) adopted a General Approach which served as a

  mandate to the Presidency to start negotiations with the European Parliament

  (doc. 16054/14).

• 8. 

  Two informal trilogues were held on 4 February and 5 March 2015. In these meetings a

  number of points were clarified. In particular at the first meeting the Presidency and the EP

  agreed on the time table (scheduling three informal trilogues) and the working methods. As

  regards the political issues, in particular scope, definitions and insolvency protection rules

  positions were exchanged and clarified. In this respect the EP stressed at the second informal

  trilogue that negotiations in general are not a "one-way street" but should be characterised by

  concessions from both sides. To this end both the Presidency and the EP agreed to step up

  efforts in order to achieve an agreement before the COMPET Council end of May.

• 9. 

  Technical meetings with the EP and Commission took place at service level on 26 January, 6,

  10 and 26 February, 16, 19, 26 , 30 March and 13 April with a view to achieving rapid

  progress on this file. Positions of the Council and Parliament were further clarified on all

  issues. Concerning the key political issues the EP offered informally to consider the Council's

  position on insolvency protection schemes if in turn the Council would be willing to consider

  to include purchases made by linked, online booking processes - so called "click throughs" -

  where the booking data are transferred between the different service providers under the

  "package" definition of the directive. This possible "deal" is considered by both the Council

  and the EP as the most important issue in view of reaching a political agreement.

III. RENEWED MANDATE

• 10. 

  The result of above referred negotiations with the EP was the basis for intensive discussions at

  the CONSOM Working Party meetings on 10 and 25 March and 1 April 2015. Attachés

  examined and discussed compromise proposals by the Presidency on all outstanding issues

  including the political sensitive ones referred to above. The Presidency has taken good note of

  all positions and remarks and has taken them on board to the widest possible extent in order to

  obtain a sufficiently flexible mandate for the third informal trilogue scheduled for 22 April

  2015 aiming to strike a political deal with the EP.

• 11. 

  This revised mandate is set out in the fourth column (Presidency compromise proposal) of the

  Annex to this document.

  As explained above the informal discussions between Presidency , EP and Commission

  focussed on the possible inclusion of "click throughs" under the definition of a package. It is

  worth to recall that the Council in its General Approach deleted" click throughs" given this

  evolving online business model is difficult to regulate and consequently difficult to enforce

  any rules in practice. Furthermore, "click throughs" are in many aspects close to assisted

  travel arrangements which are covered by the Council's General Approach. In contrast, the EP

  insists on the inclusion of "click throughs" given that this growing business model which is

  also reflecting modern consumer patterns and in the view of the EP creates the impression that

  the traveller is buying a package and hence adequate level of protection should be granted.

  In the following the Presidency has elaborated elements of compromise which should

  eventually bridge the gap between the Council and the EP on that issue.

• 12. 

  Click through (article 3 (2) a (v))

  For the EP the inclusion of "click through" is a pre-requisite to reach an agreement on this

  dossier. The Presidency having in mind the concerns by many Member States, notably on the

  practicability and enforceability of such a provision, is proposing by way of a compromise

  that at least two different types of travel services are purchased from separate traders through

  linked online booking processes when at least the traveller's name and one of the particulars

  out of a list of five (e-mail address, identity card/passport number, payment details, other

  personal identification details and travel destination) are transmitted between traders within a

  24 hours limit.

  The Presidency would like to invite delegations to discuss the chosen particulars bearing in

  mind that the definition of "click throughs" should be clear, enforceable and meaningful in the

  terms that the rules would work on the ground by protecting consumers while providing a

  level playing field for business.

13 Other political issues:

In the following other political issues where positions of Council and EP still differ are listed.

According to the Presidency these issues have been sufficiently discussed at Working Party

level and compromise have been found balancing the different interests, and only the issue of

"click throughs" remains open (see above): .

• i. 

  Insolvency protection (article 15 and 17): Given that the Council is willing to consider to

  include "click throughs" the Presidency proposes to stick in general terms to the Council's

  General Approach concerning insolvency protection.

• ii. 

  Business travel: The EP would like to exclude only business travel on the basis of framework

  contract whereas in the Council's General Approach the scope is further limited by not only

  exempting business traveller on the basis of a framework contract - a notion which does not

  exist in all Member States - but also to travellers specifying that they are travelling for

  professional purposes. The Presidency proposal is aiming to close the gap between the two

  positions by excluding business trips (packages or 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.

  • iii. 

    Significant changes in the contract (3 hours) (article 9 1(a) and recital 28): The EP proposes to

  consider that a change of more than three hours of the time of departure and return to be a

  significant change in the terms of contract with all consecutive consequences including the

  right of termination. The Presidency acknowledging the arguments of Member States that

  such three hour limit for changes in the time of departure or return would be a burden for

  travel organiser and would in return have little impact on consumers, is proposing to refer in

  recital 28 to such three hours limit in the form of an example.

  • iv. 

    Accommodation in case of unavoidable and extraordinary circumstances (article 11 (5)): The

  EP sticks to its position to grant travellers in the case of unavoidable and extraordinary

  circumstances accommodation for maximum five nights not exceeding 125€. The Presidency

  in its efforts to reconcile it with the Council's General Approach (3 nights without cost limit)

  proposes accommodation of equivalent category if possible. As regards the maximum number

  of nights the Presidency would like to stick to three nights unless a longer period is provided

  for in other Union legislation.

• v. 

  Tacit vs explicit approval of alteration of significant contract terms (article 9 (2)): The EP

  favours tacit approval of change of significant contract terms by the traveller whereas the

  Council's General Approach stipulates an explicit approval. The Presidency is inclined to

  defend the Council's position by arguing that travel services are very specific products and

  therefore the rights of travellers should be as unequivocal as possible.

  • vi. 

    Prescription period (article 12 (6)): The EP would like to have a prescription period for

  introducing claims for price reduction, compensation for damages and right to termination of

  minimum three years whereas the Council proposes a minimum of one year. The Presidency

  is asking delegations for certain flexibility by accepting two years.

• vii. 

  Car rental (article 3 (1) c): Following a EP request at the first informal trilogue to include

  camping cars ("campers") under car rental the Presidency has amended the text so that cars

  and other motor vehicles within the meaning of article 3 (11) of Directive 2007/46/EC i are

  considered as a travel service on its own. According to the Presidency this specification is

  useful to address the EP's request without running the risk that for instance a train journey

  plus renting a bike would fall under definition of a package under this Directive.

• viii. 

  Ancillary services (article 3 (1) d and recital 17: In the course of discussions with the EP it

  became apparent for reasons of clarity and unambiguity, in particular as regards the

  combination of travel services constituting a package that the concept of "ancillary services"

  needs to be revised. To this end the Presidency is proposing to replace "ancillary" by any

  other tourist service not "intrinsically" part of a travel service like carriage of passengers,

  accommodation or the rental of cars or other motor vehicles. Furthermore, it is clarified that

  financial services concluded in connection with a package travel contract or an assisted travel

  arrangement are not travel services.

• ix. 

  Transposition (article 27): The Presidency will defend the 30 months transposition /

  application deadline for Members States knowing that the EP has proposed 24 months.

• x. 

  Assisted/Linked Travel arrangement: The Presidency is inviting delegations to consider the

  EP's terminology for assisted travel arrangements, namely linked travel arrangements. The

  Presidency believes that this is not an issue of substance but rather of editorial/linguistic

  nature which should also stress the Council's commitment to strike a deal with the EP.

IV. CONCLUSION

• 14. 

  The Permanent Representatives Committee is invited to approve the proposed revised

  mandate of the Presidency in a view of agreeing to an overall compromise at the third

  informal trilogue with the European Parliament on the basis of the compromise package

  set out in the forth column of the Annex to this document.

ANNEX

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 1. 

  AM 1

  Proposal for a Proposal for a Proposal for a Proposal for a

  DIRECTIVE OF THE DIRECTIVE OF THE DIRECTIVE OF THE DIRECTIVE OF THE EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT EUROPEAN PARLIAMENT AND OF THE COUNCIL AND OF THE COUNCIL AND OF THE COUNCIL AND OF THE COUNCIL

on package travel and assisted on package travel package on package travel and assisted travel on package travel and linked

travel arrangements, amending holidays, package tours and arrangements, amending Regulation assisted travel arrangements,

Regulation (EC) No 2006/2004 i, linked assisted travel (EC) No 2006/2004, Directive amending Regulation (EC) No

Directive 2011/83 i/EU and arrangements, amending 2011/83/EU and repealing Council 2006/2004, Directive

repealing Council Directive Regulation (EC) No 2006/2004 i, Directive 90/314/EEC i 2011/83/EU and repealing

90/314/EEC Directive 2011/83 i/EU and Council Directive 90/314/EEC i

repealing Council Directive

90/314/EEC

• 2. 

  THE EUROPEAN THE EUROPEAN PARLIAMENT THE EUROPEAN PARLIAMENT AND THE AND THE COUNCIL OF THE PARLIAMENT AND THE

  COUNCIL OF THE EUROPEAN UNION, COUNCIL OF THE EUROPEAN UNION, EUROPEAN UNION,

• 3. 

  Having regard to the Treaty on Having regard to the Treaty on the Having regard to the Treaty on the Functioning of the European Functioning of the European Union, the Functioning of the European

  Union, and in particular Article and in particular Article 114 Union, and in particular 114 thereof, thereof, Article 114 thereof,

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 4. 

  Having regard to the proposal Having regard to the proposal from Having regard to the proposal from the European Commission, the European Commission, from the European Commission,

• 5. 

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

  Parliaments, Parliaments, Parliaments,

• 6. 

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

  Social Committee 1 , Committee, Social Committee 2 ,

• 7. 

  Having regard to the opinion of Having regard to the opinion of the Having regards to the opinion of the Committee of the Regions 3 , Committee of the Regions, the Committee of the Regions,

• 8. 

  Acting in accordance with the Acting in accordance with the Acting in accordance with the ordinary legislative procedure, ordinary legislative procedure, ordinary legislative procedure 4 ,

• 9. 

  Whereas: Whereas: Whereas:

1 OJ C , , p.

2 OJ C , , p.

3 OJ C , , p.

4 Position of the European Parliament of 12 March 2014.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 10. 

  (1) Council Directive (1) Council Directive 90/314/EEC i (1) Council Directive 90/314/EEC i of 13 June 1990 on of 13 June 1990 on package travel, 90/314/EEC of 13 June 1990 on

  package travel, package holidays package holidays and package tours package travel, package holidays

  and package tours 5 lays down a lays down a number of important and package tours lays down a

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

• 11. 

  AM 2 Keep GA

  (2) Tourism plays an important (2) Tourism plays an important (2) Tourism plays an important role role in the economies of the role in the economies of the in the economies of the Union and Union and packages represent a Union and package travel, packages represent a significant significant proportion of that package holidays and package proportion of that market. The market. The travel market has tours ('packages') represent a travel market has undergone

5 OJ L 158, 23.06.1990, p. 59.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

undergone considerable changes significant proportion of that considerable changes since the since the adoption of Directive market. The travel market has adoption of Directive 90/314/EEC i. 90/314/EEC. In addition to undergone considerable changes In addition to traditional distribution traditional distribution chains, since the adoption of Directive chains, the Internet has become an the Internet has become an 90/314/EEC. In addition to increasingly important medium to increasingly important medium traditional distribution chains, the offer travel services. Travel services to offer travel services. Travel Internet has become an are not only combined in the form services are not only combined increasingly important medium to of traditional pre-arranged in the form of traditional offer travel services. Travel packages, but are often combined in prearranged packages, but are services are not only combined in a customised fashion. Many of these often combined in a customised the form of traditional travel products are either in a legal fashion. Many of these travel prearranged packages, but are grey zone or are clearly not covered products are either in a legal grey often combined in a customised by Directive 90/314/EEC i. This zone or are clearly not covered fashion. Many of these travel Directive aims to adapt the scope of by Directive 90/314/EEC i. This products are either in a legal grey protection to those developments, Directive aims to adapt the scope zone or are clearly not covered by enhance transparency and increase of protection to those Directive 90/314/EEC i. This legal certainty for travellers and developments, enhance Directive aims to adapt the scope traders. transparency and increase legal of protection to those certainty for travellers and developments, enhance traders. transparency and increase legal certainty for travellers and traders.

• 12. 

  (3) Article 169 of the Treaty on (3) Article 169 of the Treaty on the (3) Article 169 of the Treaty on the Functioning of the European Functioning of the European Union the Functioning of the European

  Union (the Treaty) provides that (the Treaty) provides that the Union Union (TFEU the Treaty) the Union is to contribute to the is to contribute to the attainment of provides that the Union is to attainment of a high level of a high level of consumer protection contribute to the attainment of a

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

consumer protection through through measures adopted pursuant high level of consumer protection

measures adopted pursuant to to Article 114 of the Treaty. through measures adopted

Article 114 of the Treaty. pursuant to Article 114 TFEU of

the Treaty.

• 13. 

  (4) Directive 90/314/EEC i gives (4) Directive 90/314/EEC i gives (4) Directive 90/314/EEC i gives broad discretion to the Member broad discretion to the Member broad discretion to the Member

  States as regards transposition; States as regards transposition; States as regards transposition therefore, significant divergences therefore, significant divergences and, therefore, significant between the laws of the Member between the laws of the Member divergences between the laws of States remain. Legal States remain. Legal fragmentation the Member States remain. Legal fragmentation leads to higher leads to higher costs for businesses fragmentation leads to higher costs for businesses and and obstacles for those wishing to costs for businesses and obstacles obstacles for those wishing to operate cross-border, thus limiting for those wishing to operate operate cross-border, thus consumers' choice. cross-border, thus limiting limiting consumers' choice. consumers' choice.

• 14. 

  AM 3

  (5) In accordance with Article (5) In accordance with Article (5) In accordance with Article 26(2) (5) In accordance with Article 26(2) of the Treaty, the internal 26(2) of the Treaty, the internal of the Treaty, the internal market is 26(2) of the Treaty, the internal market is to comprise an area market is to comprise an area to comprise an area without internal market is to comprise an area without internal frontiers in without internal frontiers in frontiers in which the free without internal frontiers in which the free movement of which the free movement of movement of goods and services which the free movement of goods and services and the goods and services and the and the freedom of establishment goods and services and the freedom of establishment are freedom of establishment are are ensured. The harmonisation of freedom of establishment are ensured. The harmonisation of ensured. The harmonisation of certain aspects of package contracts ensured. The harmonisation of certain aspects of package the rights and obligations and assisted travel arrangements is the rights and obligations contracts and assisted travel arising from package contracts necessary for the creation of a real arising from certain aspects of arrangements is necessary for the and linked travel arrangements is consumer internal market in this package contracts and assisted

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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

• 15. 

  (6) The cross-border potential of (6) The cross-border potential of the (6) The cross-border potential of the package travel market in the package travel market in the Union the package travel market in the

  Union is currently not fully is currently not fully exploited. Union is currently not fully exploited. Disparities in the rules Disparities in the rules protecting exploited. Disparities in the rules protecting travellers in different travellers in different Member protecting travellers in different Member States are a disincentive States are a disincentive for Member States are a disincentive for travellers in one Member travellers in one Member State from for travellers in one Member State from buying packages and buying packages and assisted travel State from buying packages and assisted travel arrangements in arrangements in another Member assisted linked travel another Member State and, State and, likewise, a disincentive arrangements in another Member likewise, a disincentive for for organisers and retailers in one State and, likewise, a organisers and retailers in one Member State from selling such disincentive for organisers and Member State from selling such services in another Member State. retailers in one Member State services in another Member In order to enable consumers and from selling such services in State. In order to enable businesses to benefit fully from the another Member State. In order consumers and businesses to internal market, while ensuring a to enable consumers and benefit fully from the internal high level of consumer protection businesses to benefit fully from market, while ensuring a high across the Union, it is necessary to the internal market, while level of consumer protection further approximate the laws of the ensuring a high level of across the Union, it is necessary Member States relating to packages consumer protection across the to further approximate the laws and assisted travel arrangements. Union, it is necessary to further

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

of the Member States relating to approximate the laws of the packages and assisted travel Member States relating to arrangements. packages and assisted linked travel arrangements.

• 16. 

  AM 4 Keep GA

  (7) The majority of travellers (7) The majority of travellers (7) The majority of travellers buying packages are consumers buying packages are consumers buying packages are consumers in in the sense of Union consumer in the sense of Union consumer the sense of Union consumer law. law. At the same time, it is not law. At the same time, it is not At the same time, it is not always always easy to distinguish always easy to distinguish easy to distinguish between between consumers and between consumers and consumers and representatives of representatives of small representatives of businesses or small businesses or professionals businesses or professionals who professionals who book trips who book trips related to their book trips related to their related to their business or business or profession through the business or profession through profession through the same same booking channels as the same booking channels as booking channels as consumers. consumers. Such travellers often consumers. Such travellers often Such travellers often require a require a similar level of protection. require a similar level of similar level of protection. In In contrast, larger companies or protection. In contrast, larger contrast, companies or organisations often make travel companies or organisations often organisations often make travel arrangements for their employees make travel arrangements for arrangements for their on the basis of a framework their employees on the basis of a employees, members and contract, often concluded for a framework contract with representatives on the basis of a specified period with companies companies which specialise in framework contract with which specialise in the arrangement the arrangement of business companies. The latter type of of business travel. The latter type of travel. The latter type of travel travel arrangements do not travel arrangements do not require arrangements do not require the require the level of protection the level of protection designed for level of protection designed for designed for consumers. consumers. Therefore, this Directive

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

consumers. Therefore, this Therefore, this Directive should should apply to business travellers Directive should apply to apply to business travellers only only insofar as where they do not business travellers only insofar insofar as they do not make travel make travel arrangements on the as they do not make travel arrangements on the basis of a basis of a framework contract. To arrangements on the basis of a framework contract. To avoid avoid confusion with the definition framework contract. To avoid confusion with the definition of of the term 'consumer' in other confusion with the definition of the term 'consumer' used in other consumer protection directives, the term 'consumer' in other Union consumer protection persons protected under this consumer protection directives, legislation, persons protected Directive should be referred to as persons protected under this under this Directive should be 'travellers'. Directive should be referred to as referred to as 'travellers'. 'travellers'.

• 17. 

  (8) Since travel services may be (8) Since travel services may be (8) Since travel services may be combined in many different combined in many different ways, it combined in many different

  ways, it is appropriate to is appropriate to consider as ways, it is appropriate to consider

  consider as packages all packages all combinations of travel as packages all combinations of

  combinations of travel services services that display features which travel services that display

  that display features which travellers typically associate with features which travellers

  travellers typically associate with packages, notably that separate typically associate with

  packages, notably that separate travel services are bundled together packages, in particular notably

  travel services are bundled into a single travel product for that separate travel services are

  together into a single travel which the organiser assumes bundled together into a single

  product for which the organiser responsibility for proper travel product for which the

  assumes responsibility for proper performance. In accordance with the organiser assumes responsibility

  performance. In accordance with case law of the Court of Justice of for proper performance. In

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the case law of the Court of the European Union, it should make accordance with the case law of

Justice of the European Union 6 , no difference whether travel the Court of Justice of the it should make no difference services are combined before any European Union 7 , it should make

whether travel services are contact with the traveller or at the no difference whether travel combined before any contact request of or according to the services are combined before any with the traveller or at the selection made by the traveller. The contact with the traveller or at the request of or according to the same principles should apply request of or according to the selection made by the traveller. irrespective of whether the booking selection made by the traveller. The same principles should apply is made through a high street travel The same principles should apply irrespective of whether the agent or online. irrespective of whether the booking is made through a high booking is made through a high street travel agent or online. street travel agent or online.

• 18. 

  AM 5 Keep GA

  (9) For the sake of transparency, (9) For the sake of transparency, (9) For the sake of transparency, ‘linked’ instead ‘assisted’ packages should be distinguished packages should be distinguished packages should be distinguished from assisted travel from linked travel arrangements, from assisted travel arrangements, arrangements, where online or where online or high street agents where online or high street agents high street agents assist travellers assist travellers in combining assist travellers in combining in combining travel services travel services leading the procuring travel services leading leading the traveller to conclude traveller to conclude contracts the traveller to conclude contracts contracts with different providers with different providers of travel with different providers of travel of travel services, including services, including through services, including through linked through linked booking linked booking processes in a booking processes, which do not

6 See Judgment in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves Garrido and Club Med Viagens Ld, ECR

2002, I-04051.

7 See Judgment of the Court of Justice of the European Union of 30 April 2012 in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto

Carlos Lobo Gonçalves Garrido and Club Med Viagens Ld, ([2002] ECR, I-04051).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

processes, which do not contain targeted manner, which do not contain those features and in those features and in relation to contain those features and in relation to which it would not be which it would not be relation to which it would not be appropriate to apply all obligations appropriate to apply all appropriate to apply all applying to packages. obligations applying to packages. obligations applying to packages.

• 19. 

  (10) In light of market (10) In light of market Keep GA developments, it is appropriate to developments, it is appropriate to

  further define packages on the further define packages on the basis basis of alternative objective of alternative objective criteria criteria which predominantly which predominantly relate to the relate to the way in which the way in which the travel services are travel services are presented or presented or purchased and where purchased and where travellers travellers may reasonably expect to may reasonably expect to be be protected by the Directive. This protected by the Directive. This is the case, for instance where is the case, for instance where different travel services are different travel services are purchased selected for the same trip purchased for the same trip or or holiday at a single point sale holiday within the same booking before the traveller agrees to pay process from a single point of within the same booking process sale or where such services are from a single point of sale or where offered or charged at an inclusive such services are offered or charged or total price. It should be at an inclusive or total price, as well considered that travel services as where such services are are procured within the same advertised or sold under the term booking process if they are 'package' or under a similar term selected before the traveller has indicating a close connection agreed to pay. between the travel services

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

concerned. Such similar terms could be for instance "combined deal", "all-inclusive" or "all-in arrangement". It should be considered that travel services are procured within the same booking process if they are selected before the traveller has agreed to pay.

• 20. 

  AM 6

  (11) At the same time, assisted (11) At the same time, linked (11) At the same time, assisted (11) At the same time, assisted travel arrangements should be travel arrangements should be travel arrangements should be linked travel arrangements distinguished from travel distinguished from travel services distinguished from travel services should be distinguished from services which travellers book which travellers book which travellers book travel services which travellers independently, often at different independently, often at different independently, often at different book independently, often at times, even for the purpose of the times, even for the purpose of the times, even for the purpose of the different times, even for the same trip or holiday. Online same trip or holiday. Online same trip or holiday. Online assisted purpose of the same trip or assisted travel arrangements linked travel arrangements travel arrangements should also be holiday. Online assisted linked should also be distinguished should also be distinguished from distinguished from links through travel arrangements should also from links through which linked websites which do not which travellers are simply be distinguished from assisted travellers are simply informed have the objective of concluding informed about further travel linked websites which do not about further travel services in a a contract with the traveller and services in a general fashion, for have the objective of general fashion, for instance from links through which instance where a hotel or an concluding a contract with the where a hotel or an organiser of travellers are simply informed organiser of an event includes on its traveller and from links through an event includes on its website a about further travel services in a website a list of all operators which travellers are simply list of all operators offering general fashion and not in a offering transport services to its informed about further travel transport services to its location targeted manner, for instance location independently of any services in a general fashion, for independently of any booking or where a hotel or an organiser of booking or if cookies or meta data instance where a hotel or an if cookies or meta data are used an event includes on its website a are used to place advertisements on organiser of an event includes on

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

to place advertisements on list of all operators offering websites. its website a list of all operators websites. transport services to its location offering transport services to its independently of any booking or location independently of any if cookies or metadata are used to booking or if cookies or meta place advertisements on websites data are used to place related to the travel destination advertisements on websites. or travel period specified for the first travel service chosen.

• 21. 

  (12) The purchase of an air travel (12) The purchase of a n air travel (12) The purchase of an air travel service on a stand-alone basis as service on a stand-alone basis as a service on a stand-alone basis as

  a single travel service constitutes single travel service constitutes a single travel service constitutes neither a package nor an assisted neither a package nor an assisted neither a package nor an assisted travel arrangement. travel arrangement. linked travel arrangement.

• 22. 

  AM 7

  (13) Particular rules should be (13) Particular rules should be (13) Particular rules should be laid (13) Particular rules should be laid down for both high street laid down in this Directive for down for both high street and onlaid down for both high street and on-line retailers which assist both high street and on-line line retailers which assist travellers, and on-line retailers which assist travellers, on the occasion of a retailers which assist travellers, on the occasion of a single visit or travellers, on the occasion of a single visit or contact with their on the occasion of a single visit contact with their own point of sale, single visit or contact with their own point of sale, in concluding or contact with their own point of in concluding separate contracts own point of sale, in concluding separate contracts with sale in concluding separate with individual service providers separate contracts with individual individual service providers and contracts with individual service and for online retailers which, for service providers and for online for online retailers which, providers, where the traveller instance through linked online retailers which, for instance through linked online booking selects and agrees to pay for booking processes, facilitate the through linked online booking processes, facilitate the each travel service separately. procurement of additional travel processes, facilitate the procurement of additional travel Such rules should also apply to services from another trader in a procurement of additional travel services from another trader in a online retailers which, through targeted manner, where contracts services from another trader in a

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

targeted manner, at the latest linked online booking processes, are concluded not more than 48 targeted manner, where when the booking of the first facilitate the procurement of hours after the confirmation of contracts are concluded not service is confirmed. These rules additional travel services from the first travel service at the latest more than 48 [24] hours after would apply for example, where, another trader in a targeted when the booking of the first the confirmation of the first along with the confirmation of manner, where at least the service is confirmed. These rules travel service at the latest when the booking of a first travel traveller's name or contact would apply for example, where, the booking of the first service is service such as a flight or a train details are transferred to the along with the confirmation of the confirmed. Such facilitation will journey, a consumer receives an other trader and such additional booking of a first travel service such generally be based on a invitation to book an additional services are procured at the latest as a flight or a train journey, a commercial link involving travel service available at the 24 hours after the booking of the consumer receives an invitation to remuneration, regardless of its chosen travel destination, for first service is confirmed. While book an additional travel service calculation method, for instance hotel accommodation, those arrangements do not available at the chosen travel instance on the basis of the with a link to the booking site of constitute packages within the destination, for instance hotel number of clicks or of the another service provider or meaning of this Directive as there accommodation, with a link to the turnover, between the trader intermediary. While those can be no confusion that a single booking site of another service that facilitates the procurement arrangements do not constitute organiser has assumed the provider or intermediary. While of additional travel services packages within the meaning of responsibility for the travel those arrangements do not and the other trader. These this Directive as there can be no services, such linked constitute packages within the rules would apply for example, confusion that a single organiser arrangements constitute an meaning of this Directive as there where, along with the has assumed the responsibility alternative business model that can be no confusion that a single confirmation of the booking of a for the travel services, such often competes closely with organiser has assumed the first travel service such as a flight assisted arrangements constitute packages. responsibility for the travel services, or a train journey, a consumer an alternative business model such assisted arrangements receives an invitation to book an that often competes closely with constitute an alternative business additional travel service available packages. model that often competes closely at the chosen travel destination, with packages for instance hotel accommodation, with a link to the booking site of another service provider or intermediary.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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 linked arrangements constitute an alternative business model that often competes closely with packages.

• 23. 

  (14) In order to ensure fair (14) In order to ensure fair (14) In order to ensure fair competition and to protect competition and to protect competition and to protect

  consumers, the obligation to consumers, the obligation to provide consumers, the obligation to provide sufficient evidence of sufficient evidence of security for provide sufficient evidence of security for the refund of prethe refund of pre-payments and the security for the refund of prepayments and the repatriation of repatriation of travellers in the event payments and the repatriation of travellers in the event of of insolvency should also apply to travellers in the event of insolvency should also apply to assisted travel arrangements. insolvency should also apply to assisted travel arrangements. assisted linked travel arrangements.

• 24. 

  AM 8 Not acceptable

  (14a) Practices have appeared online whereby traders facilitating the procurement of linked travel arrangements have not clearly and unambiguously

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

provided the option of booking only the main service and not choosing any further services. Such practices should be regarded as misleading for travellers. As the existing legal framework has not yet allowed for their elimination and given that they are specific to linked travel arrangements, those practices should be banned under this Directive.

• 25. 

  (15) To increase clarity for (15) To increase clarity for Keep GA travellers and enable them to travellers and enable them to make

make informed choices as to the informed choices as to the different ‘linked’ instead ‘assisted’

different types of travel types of travel arrangements on arrangements on offer, it is offer, it is appropriate to require appropriate to require traders to traders to state clearly and state the nature of the prominently whether they are arrangement clearly and inform offering a package or an assisted travellers of their rights. A travel arrangement, and of the trader's declaration as to the legal corresponding level of protection, nature of the travel product being before the traveller agrees to pay marketed should correspond to the nature of the arrangement the true legal nature of the clearly and inform travellers of their product concerned. The rights. A trader's declaration as to enforcement authorities should the legal nature of the travel product intervene where traders do not being marketed should correspond

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

provide accurate information to to the true legal nature of the travellers. product concerned. The enforcement authorities should intervene where traders do not provide accurate information to travellers.

• 26. 

  AM 9 Not acceptable

  (15a) Before making the payment, travellers should be made aware of whether they are choosing a package travel or a linked travel arrangement, and of the corresponding level of protection

• 27. 

  AM 141 Not acceptable

  (15b) Traders facilitating the procurement of a linked travel arrangement should clearly advise a traveller before the traveller is bound by any contract or any corresponding offer for a linked travel arrangement, that, to secure the benefits of the Directive applying to linked travel arrangements, all other

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

contracts which make up the linked travel arrangement must be confirmed within the following 24 hours. Where consumers are not advised of this information or where this information is incorrect, deceptive or omitted, this may constitute an unfair commercial practice.

• 28. 

  AM 11

  (16) Only the combination of (16) The combination of different (16) Only the combination of (16) Only the combination of different travel services, such as travel services, such as different travel services, such as different travel services, such as accommodation, carriage of accommodation, carriage of accommodation, carriage of accommodation, carriage of passengers by bus, rail, water or passengers by bus, rail, water or passengers by bus, rail, water or air, passengers by bus, rail, water or air, as well as car rental, should air, as well as car rental, should as well as car rental, should be air, as well as car rental of cars be considered for the purposes of be considered for the purposes of considered for the purposes of or of other motor vehicles identifying a package or an identifying a package or a linked identifying a package or an assisted should be considered for the assisted travel arrangement. travel arrangement. Hotel nights travel arrangement. purposes of identifying a package Accommodation for residential with added packages, such as Accommodation for residential or an assisted linked travel purposes, including for long-term tickets for musicals or spa purposes, including for long-term arrangement. Accommodation language courses, should not be treatments, should be excluded language courses, should not be [for residential purposes, considered as accommodation when that package is not considered as accommodation including] for long-term within the meaning of this specifically marketed to the within the meaning of this language courses, should not be Directive. traveller as a significant Directive. Services which are considered as accommodation proportion of the trip or the merely ancillary to other travel within the meaning of this ancillary service clearly does not services, in the sense that they are Directive. Financial services constitute the essential feature intrinsically part of another such as travel insurance should

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

of the trip. Accommodation for service, should not be considered not be considered as travel residential purposes which is as travel services in their own services. Travel services which clearly not for the purpose of right. This means that, for are intrinsically part of another tourism, such as for long-term instance, transport of luggage travel service, such as language courses, should not be provided as part of carriage of transport of luggage provided considered as accommodation passengers, or meals and cleaning as part of carriage of within the meaning of this provided as part of passengers, or meals, drinks Directive. accommodation, should not be and cleaning provided as part considered as tourist services in of accommodation, access to their own right. This also means on-site facilities such as a that in cases where, unlike in the swimming pool, sauna or gym case of a cruise, overnight included for all hotel guests, accomodation is provided as part should not be considered as of passenger transport by road, travel tourist services in their rail, water or air, accomodation own right. This also means that should not be considered as a in cases where, unlike in the travel service in itself. case of a cruise, overnight accommodation is provided as part of passenger transport by road, rail, water or air, accommodation should not be considered as a travel service in itself. The same should apply in relation to carriage of passengers as part of an excursion. Travel services purchased in addition to the package added to a package without the involvement of the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

organiser or of a trader acting on behalf of the organiser are in any event not within the scope of this Directive.

• 29. 

  AM 12 Not acceptable

  (16a) Carriage of passengers by bus, rail, water or air which includes accommodation, for example ferry crossings in cabins or railway journeys in sleeper cars, should be considered as single travel services, if the main component is clearly transport and such carriage is not combined with another travel service.

• 30. 

  AM 13

  (17) Other tourist services, such (17) Other tourist services, such (17) Other tourist services, such as (17) Other tourist services which as admission to concerts, sport as admission to concerts, sport admission to concerts, sport events, are not intrinsically part of events, excursions or event parks events, excursions or event parks excursions or event parks, carriage of passengers, are services that, in combination are services that, in combination excursions, guided tours, ski accommodation or the rental of with either carriage of with either carriage of passes and rental of sports cars or other motor vehicles, passengers, accommodation passengers, accommodation equipment such as skiing such as may, for instance, be and/or car rental, should be and/or car rental, should be equipment, are services that, in admission to concerts, sport considered as capable of considered as capable of combination with either carriage of events, excursions or event parks, constituting a package or an constituting a package or a linked passengers, accommodation and/or excursions, guided tours, ski

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

assisted travel arrangement. travel arrangement. However, car rental, should be considered as passes and rental of sports

However, such packages should such packages should only fall capable of constituting a package or equipment such as skiing

only fall within the scope of this within the scope of this Directive an assisted travel arrangement. equipment, spa treatments or

Directive if the relevant tourist if the relevant tourist service However, such packages services minor transport services, such

service accounts for a significant accounts for a significant should be relevant for the as transfers between a hotel

proportion of the package. proportion of the package. constitution of a package only if and an airport or a railway

Generally, the tourist service Generally, the tourist service they relevant tourist service station. are services that, in

should be considered as a should be considered as a accounts for a significant combination with either

significant proportion of the significant proportion of the proportion of the package. carriage of passengers,

package if it accounts for more package if it is specifically Generally, the tourist service accommodation and/or rental

than 20% of the total price or marketed to travellers as such, should be considered as a of motor vehicles, should be

otherwise represents an essential clearly represents the reason for significant proportion of the considered as travel services

feature of the trip or holiday. the trip, accounts for more than package if it accounts for more than capable of leading to the

Ancillary services, such as travel 25% of the total price or 20% of the total price or otherwise creation of constituting a

insurance, transport of luggage, otherwise represents an essential represents an essential feature of package or an assisted/linked

meals and cleaning provided as feature of the trip or holiday. the trip or holiday. It should be travel arrangement. However,

part of accommodation, should Ancillary services, such as, in clarified that, where other travel if such services are combined

not be considered as tourist particular, travel insurance, services are added, for instance, with only one other type of

services in their own right. transport between the station to hotel accommodation, booked travel service, for instance

and the accommodation, as a stand-alone service, after the accommodation, this should

transport at the beginning of the traveller's arrival at the hotel, lead to the creation of a

trip and as part of excursions, this should not constitute a package or assisted/linked

transport of luggage, meals and package. Ancillary Contracts on travel arrangement only if they

cleaning services provided as part financial services, such as travel account for a significant

of accommodation, should not be insurance, or contracts on travel proportion of the package, more

considered as tourist services in services, for instance transport to than [25%] of the total price of

their own right. or from the airport, arranged by the package or assisted travel

a service provider or an arrangement, are advertised as

intermediary independently of an essential feature of the trip

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the organiser, should be outside or holiday or otherwise the scope of this Directive. represent an essential feature of transport of luggage, meals and the trip or holiday. Generally, cleaning provided as part of there will be a significant accommodation, should not be proportion if other tourist considered as tourist services in services account for more than their own right. 25% of the combination. 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.

Linked to the EP’s acceptance of Art.3(2) second subpara.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Linked to article 2 (2) (b) EP amendments 34 and 53

• 31. 

  AM 14

  (18) It should also be clarified (18) It should also be clarified (18) It should also be clarified that [(18) It should also be clarified that contracts by which a trader that contracts by which a trader contracts by which a trader entitles that contracts by which a trader entitles the traveller after the entitles the traveller after the the traveller after the conclusion of entitles the traveller after the conclusion of the contract to conclusion of the contract to the contract to choose among a conclusion of the contract to choose among a selection of choose among a selection of selection of different types of travel choose among a selection of different types of travel services, different types of travel services, services, such as in the case of a different types of travel services, such as in the case of a package such as in the case of a package package travel gift box, should such as in the case of a package travel gift box, should constitute travel gift box, should constitute constitute a package. Moreover, a travel gift box, should constitute a package. Moreover, a a package. Moreover, a combination of travel services a package. Moreover, a combination of travel services combination of travel services should be considered as a package combination of travel services should be considered as a should be considered as a where the traveller's name or should be considered as a package where the traveller's package where the traveller's particulars needed to conclude the package where the traveller's name or particulars needed to name and other personal data, booking transaction are transferred name and information needed to conclude the booking transaction such as contact details, credit between the traders at the latest conclude a booking transaction, are transferred between the card details or passport details, when the booking of the first including details regarding the traders at the latest when the which are needed to conclude the service is confirmed. Particulars means of payment, which are booking of the first service is booking transaction are needed to conclude a booking needed to conclude the booking confirmed. Particulars needed to transferred between the traders at transaction relate to credit card transaction are transferred conclude a booking transaction the latest 24 hours after the details or other information between the traders and relate to credit card details or booking of the first service is necessary to obtain a payment. On contracts are concluded at the other information necessary to confirmed. On the other hand, the the other hand, the mere transfer of latest [24 hours after] booking obtain a payment. On the other mere transfer of particulars such particulars such as the travel of the first service is confirmed. hand, the mere transfer of as the travel destination or travel destination or travel times should On the other hand, the mere particulars such as the travel times should not be sufficient. not be sufficient. transfer of particulars such as the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

destination or travel times should Cruises and multi-day train travel destination or travel times not be sufficient. journeys including should not be sufficient. accommodation should also be Directive 95/46/EC i of the considered as package travel, as European Parliament and of they combine transport, the Council of 24 October 1995 accommodation and catering. on the protection of individuals with regard to the processing of personal data and on the free movement of such data.]

• 32. 

  AM 15

(19) Since there is less need to (19) Since there is less need to (19) Since there is less need to (19) Since there is less need to

protect travellers in cases of protect travellers in cases of protect travellers in cases of shortprotect travellers in cases of

short-term trips, and in order to short-term trips, and in order to term trips, and in order to avoid short-term trips, and in order to

avoid unnecessary burden for avoid unnecessary burden for unnecessary burden for traders, trips avoid unnecessary burden for

traders, trips lasting less than 24 traders, trips lasting less than 24 lasting less than 24 hours which do traders, trips lasting less than 24

hours which do not include hours which do not include not include accommodation as well hours which do not include

accommodation as well as accommodation should be as packages or assisted travel accommodation as well as

occasionally organised packages, excluded from the scope of this arrangements offered or packages or assisted linked

should be excluded from the Directive. Packages and linked facilitated on a not-for-profit travel arrangements offered or

scope of this Directive. travel arrangements that are basis to a limited group of facilitated occasionally on a

occasionally offered or put travellers and occasionally not-for-profit basis to a limited

together by natural or legal organised packages, should be group of travellers and

persons, such as non-profit excluded from the scope of this occasionally organised packages,

organisations, including Directive. The latter group may should be excluded from the

charitable organisations, for example concern trips scope of this Directive. The

football clubs and schools, organised not more than twice a latter group may for example

where no direct or indirect year by charities for their concern trips organised not

financial gain is made from the members, without being offered more than twice a year a few

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

sale of such packages or the to a large number of travellers or times a year by charities, sports facilitation of such linked travel being advertised to a large clubs or schools for their arrangements, should also be audience. members, without being excluded from the scope of this offered to the general public. a Directive. large number of travellers or being advertised to a large audience. Adequate information on this exclusion should be publicly available in order to ensure that traders, organisers and travellers are properly informed that these packages or assisted linked travel arrangements are not covered by this Directive.

• 33. 

  AM 16

  (19a) Member States should (19a) Member States should (19a) Member States should remain competent, in remain competent, in accordance remain competent, in accordance with Union law, to with Union law, to apply the accordance with Union law, to apply the provisions of this provisions of this Directive to apply the provisions of this Directive to areas not falling areas not falling within its scope. Directive to areas not falling within its scope. Member States Member States may therefore within its scope. Member States may therefore maintain or maintain or introduce national may therefore maintain or introduce national legislation legislation corresponding to the introduce national legislation corresponding to all or some of provisions of this Directive, or corresponding to the provisions the provisions of this Directive certain of its provisions, in of this Directive, or certain of in relation to contracts that fall relation to contracts that fall its provisions, in relation to outside the scope of this outside the scope of this Directive. contracts that fall outside the

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Directive. For example, Member For instance, Member States may scope of this Directive. For States may apply the provisions maintain or introduce instance, Member States may of this Directive to packages and corresponding provisions for maintain or introduce linked travel arrangements that certain stand-alone contracts corresponding provisions for are occasionally offered or put regarding single travel services certain stand-alone contracts together by natural or legal (as for example the rental of regarding single travel services persons where no direct or holiday homes) or for packages (as for example the rental of indirect financial gain is drawn organised occasionally, on a notholiday homes) or for packages from the sale of those packages for-profit basis and offered to a and linked travel arrangements or the facilitation of those linked limited group of travellers. that are offered, on a not-fortravel arrangements, and to profit basis and offered to a packages and linked travel limited group of travellers and arrangements covering a period only occasionally. of less than 24 hours and which do not include accommodation.

• 34. 

  (20) The main characteristic of (20) The main characteristic of Keep GA package travel is that at least one package travel is that at least one

  trader is responsible as an trader is responsible as an organiser organiser for the proper for the proper performance of the performance of the package as a package as a whole. Therefore, whole. Therefore, only in cases Only in cases where another trader where another trader is acting as is acting as the organiser of a the organiser of a package should package should a trader, typically a a trader, typically a high-street or high street or on line travel agent, on-line travel agent, be able to be able to act as a mere retailer or act as a mere retailer or intermediary and not be liable as an intermediary and not be liable as organiser. Whether a trader is acting an organiser. Whether a trader is as an organiser for a given package

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

acting as an organiser for a given should depend on its involvement in package should depend on its the creation of a package as defined involvement in the creation of a under this Directive, and not on the package as defined under this denomination under which it carries Directive, and not on the out its business. Where two or more denomination under which it traders meet a criterion which carries out its business. Where makes the combination of travel two or more traders meet a services a package and where those criterion which makes the traders have not informed the combination of travel services a traveller which of them is the package and where those traders organiser of the package, all have not informed the traveller relevant traders should be which of them is the organiser of considered as organisers. Member the package, all relevant traders States should be free to place should be considered as liability on the organiser and the organisers. retailer.

• 35. 

  AM 17 Keep GA

  (20a) Directive 90/314/EEC i has given discretion to the Member States to define if retailers, organisers or both retailers and organisers should be liable for the proper performance of a package. This flexibility has led to ambiguity in some Member States as to whether traders involved in a package were liable for the performance of the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

relevant services, in particular in the online booking process. Therefore, it is appropriate to clarify in this Directive that organisers are responsible for the performance of the travel services included in the contract, unless the national legislation also provides expressly for the possibility for the organiser or the retailer to be held liable.

• 36. 

  AM 18

  (21) In relation to packages, (21) In relation to packages, (21) In relation to packages, (21) In relation to packages, retailers should be responsible retailers should be responsible retailers should be responsible retailers should be responsible together with the organiser for together with the organiser for together with the organiser for the together with the organiser for the provision of pre-contractual the provision of pre-contractual provision of pre-contractual the provision of pre-contractual information. At the same time it information. At the same time it information. At the same time it information. At the same time it should be clarified that they are should be clarified that retailers should be clarified that they are should be clarified that the liable for booking errors. To are liable for booking errors, liable for booking errors. To trader who has agreed to facilitate communication, in where they make mistakes in the facilitate communication, in arrange the booking of a particular in cross-border cases, booking process. To facilitate particular in cross-border cases, package or of travel services travellers should have the communication, in particular in travellers should have the which are part of assisted possibility of contacting the cross-border cases, travellers possibility of contacting the linked travel arrangements organiser also via the retailer should have the possibility of organiser also via the retailer they is liable for booking errors. through which they bought the contacting the organiser also via through which they bought the To facilitate communication, in package. the retailer through which they package. particular in cross-border cases, bought the package. travellers should have the possibility of contacting the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

organiser also via the retailer through which they bought the package.

• 37. 

  (22) The traveller should receive (22) The traveller should receive all (22) The traveller should receive all necessary information before necessary information before all necessary information before

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

• 38. 

  AM 19

  (23) Key information, for (23) Key information, for (23) Key information, for example (23) Key information, for example on the main example on the main on the main characteristics of the example on the main characteristics of the travel characteristics of the travel travel services or the prices, characteristics of the travel services or the prices, provided services or the prices, provided in provided in advertisements, on the services or the prices, provided in in advertisements, on the advertisements, on the organiser's organiser's website or in brochures advertisements, on the organiser's organiser's website or in website or in brochures as part of as part of the pre-contractual website or in brochures as part of brochures as part of the prethe pre-contractual information, information, should be binding, the pre-contractual information, contractual information, should should be binding, unless the unless the organiser reserves the should be binding, unless the be binding, unless the organiser organiser reserves the right to right to make changes to those organiser reserves the right to

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

reserves the right to make make changes to those elements elements and unless such changes make changes to those elements changes to those elements and and unless such changes are are clearly and prominently and unless such changes are unless such changes are clearly clearly and prominently communicated to the traveller clearly and prominently and prominently communicated communicated to the traveller before the contract is concluded. communicated to the traveller to the traveller before the before the contract is concluded. However, in light of new before the contract is concluded. contract is concluded. However, communication technologies, there However, in light of new in light of new communication is no longer any need to lay down communication technologies, technologies, there is no longer specific rules on brochures, while it there is no longer any need to lay any need to lay down specific is appropriate to ensure that, in down specific rules on brochures, rules on brochures, while it is certain circumstances, changes while it is appropriate to ensure appropriate to ensure that, in impacting the contract performance that, in certain circumstances, certain circumstances, changes are communicated between the changes impacting the contract impacting the contract parties on a durable medium performance are communicated performance are communicated accessible for future reference. It between the parties on a durable between the parties on a durable should always be possible to make medium accessible for future medium accessible for future changes to that information where reference. It should always be reference. It should always be both parties to the contract possible to make changes to that possible to make changes to that expressly agree on that. pre-contractual information information where both parties to where both parties to the contract the contract expressly agree on expressly agree on that. that.

• 39. 

  AM 20 Keep GA

  (23a) However, in light of new communication technologies which can help to ensure that travellers have access to up-todate information at the time of booking and the growing trend

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

to book travel packages online, there is no longer any need for specific rules requiring printed brochures.

• 40. 

  AM 21 Keep GA

  (23b) Flight times should be a fixed part of the contract and one of the main characteristics of a travel service. They should not differ significantly from the times indicated to travellers in the pre-contractual information.

• 41. 

  (24) The information (24) The information requirements (24) The information requirements laid down in this laid down in this Directive are requirements laid down in this

  Directive are exhaustive, but exhaustive, but should be without Directive are exhaustive, but should be without prejudice to prejudice to the information should be without prejudice to the information requirements requirements provided for in other the information requirements provided for in other applicable applicable Union legislation. provided for in other applicable

  Union legislation 8 . Union legislation 9 .

8 See, Directives 2000/31/EC i and 2006/123/EC, as well as Regulations (EC) No 1107/2006 i, (EC) No 1008/2008, (EC) No. 1371/2007 i, (EC) No.

181/2011, (EC) No. 1177/2010 and (EC) No 2111/2005.

9 See, Directive 2000/31/EC i of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in

particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1) and Directive 2006/123/EC i of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36), as well as Regulation (EC) No 2111/2005 i of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

(24a) Organisers should provide general information on visa requirements of country of the destination. The information on approximate periods for obtaining visas can be provided as a reference to relevant information sources of the country of destination.

• 42. 

  (25) Taking into account the (25) Taking into account the (25) Taking into account the specificities of package travel specificities of package travel specificities of package travel

  contracts, rights and obligations contracts, rights and obligations of contracts, rights and obligations of the parties should be laid the parties should be laid down, for of the parties should be laid down, for the time before and the time before and after the start of down, for the time before and after the start of the package, in the package, in particular if the after the start of the package, in particular if the package is not package is not properly performed particular if the package is not properly performed or if or if particular circumstances properly performed or if particular circumstances change. change. particular circumstances change.

air carriers subject to an operating ban within the Community and on informing air transport passengers of the identity of the operating air carrier, and repealing Article 9 of Directive 2004/36/EC i (OJ L 344, 27.12.2005, p. 15), Regulation (EC) No 1107/2006 i 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 (OJ L 204, 26.7.2006, p. 1), Regulation (EC) No 1371/2007 i of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315, 3.12.2007, p. 14), Regulation (EC) No 1008/2008 i of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community (OJ L 293, 31.10.2008, p. 3), Regulation (EU) No 1177/2010 i of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 i (OJ L 334, 17.12.2010, p. 1) and Regulation (EU) No 181/2011 i of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004 i (OJ L 55, 28.2.2011, p. 1).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 43. 

  AM 22

  (26) Since packages are often (26) Since packages are often (26) Since packages are often (26) Since packages are often purchased a long time before purchased a long time before purchased a long time before their purchased a long time before their performance, unforeseen their performance, unforeseen performance, unforeseen events their performance, unforeseen events may occur. Therefore the events may occur. Therefore the may occur. Therefore the traveller events may occur. Therefore the traveller should, under certain traveller should, under certain should, under certain conditions, be traveller should, under certain conditions, be entitled to transfer conditions, be entitled to transfer entitled to transfer a package to conditions, be entitled to transfer a package to another traveller. In a package to another traveller. In another traveller. In such situations, a package to another traveller. In such situations, the organiser such situations, the organiser the organiser should be able to such situations, the organiser should be able to recover his should be able to recover his recover his expenses, for instance if should be able to recover his expenses, for instance if a subexpenses, for instance if a suba sub-contractor requires a fee for expenses, for instance if a subcontractor requires a fee for contractor requires a fee for changing the name of the traveller contractor requires a fee for changing the name of the changing the name of the or for cancelling a transport ticket changing the name of the traveller or for cancelling a traveller or for cancelling a and issuing a new one. Travellers traveller or for cancelling a transport ticket and issuing a new transport ticket and issuing a new should also have the possibility of transport ticket and issuing a new one. Travellers should also have one. Travellers should also have cancelling the contract at any time one. the possibility of cancelling the the possibility of cancelling the before the start of the package

  contract at any time before the contract at any time before the against paying payment of an (26a) Travellers should also have

  start of the package against start of the package against appropriate fee compensation, the possibility of cancelling the

  paying appropriate paying appropriate compensation, taking into account expected and contract at any time before the

  compensation, as well as the as well as the right to terminate justifiable cost savings, as well as start of the package against

  right to terminate the contract the contract without paying the right to terminate the contract paying payment of an

  without paying compensation compensation where unavoidable without paying appropriate appropriate fee compensation,

  where unavoidable and and extraordinary circumstances compensation free of charge where taking into account expected

  extraordinary circumstances like like warfare, including terrorism, unavoidable and extraordinary and justifiable cost savings.

  warfare or a natural disaster will or a natural disaster, including circumstances like warfare or a The method of calculation

  significantly affect the package. hurricanes and earthquakes, or natural disaster will significantly should not prevent organisers

  Unavoidable and extraordinary political instability, which puts affect the performance of the from offering discounted rates

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

circumstances should in travellers' safety at risk will package. This may cover for for the package or one or more particular be deemed to exist significantly affect the package, example warfare, other serious of the travel services included where reliable and publicly when those events have occurred security problems such as in the package provided that available reports, such as after the conclusion of the travel terrorism, floods or earthquakes, the traveller is offered the recommendations issued by contract. Unavoidable and significant risks to human health possibility to choose between a Member State authorities, advise extraordinary circumstances such as the outbreak of a serious non-refundable discounted rate against travelling to the place of should in particular be deemed to disease at the travel destination or and a normal rate. They should destination. exist where reliable and publicly weather conditions which make it as well as also have the right to available reports, such as impossible to travel safely to the terminate the contract without recommendations issued by destination as agreed in the paying appropriate compensation Member State authorities, advise contract. Unavoidable and free of charge where against travelling to the place of extraordinary circumstances should unavoidable and extraordinary destination. in particular be deemed to exist circumstances like warfare or a where reliable and publicly natural disaster will significantly available reports, such as affect the performance of the recommendations issued by package. This may cover for Member State authorities advise example warfare, other serious against travelling to the place of security problems such as destination. terrorism, floods or earthquakes, significant risks to human health such as the outbreak of a serious disease at the travel destination or natural disasters such us floods or earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the contract. Unavoidable and

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities advise against travelling to the place of destination.

• 44. 

  AM 23 Keep GA

  (27) In specific situations, also (27) In specific situations, the (27) In specific situations, also the the organiser should be entitled organiser should also be entitled organiser should be entitled to to terminate the contract before to terminate the contract before terminate the contract before the the start of the package without the start of the package without start of the package without paying paying compensation, for paying compensation, for compensation, for instance if the instance if the minimum number instance if the minimum number minimum number of participants is of participants is not reached and of participants is not reached and not reached and where this where this possibility has been where this possibility has been possibility has been reserved in the reserved in the contract. reserved in the contract. In such contract. a situation, the organiser should adequately inform travellers who may be impacted by that contract clause.

• 45. 

  AM 24

  (28) In certain cases organisers (28) In certain cases organisers (28) In certain cases organisers (28) In certain cases organisers should be allowed to make should be allowed to make should be allowed to make should be allowed to make unilateral changes to the package unilateral changes to the package unilateral changes to the package unilateral changes to the package

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

travel contract. However, travel contract. However, travel contract. However, travellers travel contract. However, travellers should have the right to travellers should have the right to should have the right to terminate travellers should have the right to terminate the contract if the terminate the contract if the the contract if the proposed terminate the contract if the proposed alterations change proposed alterations change alterations change significantly any proposed alterations change significantly any of the main significantly any of the main of the main characteristics of the significantly any of the main characteristics of the travel characteristics of the travel travel services. This may for characteristics of the travel services. Price increases should services. Price increases should instance be the case if the quality services. This may for instance be possible only if there has been be possible only if there has been or the value of the travel services be the case if the quality or the a change in the cost of fuel for a change in the cost of fuel for diminishes. Price increases should value of the travel services the carriage of passengers, in the carriage of passengers, in be possible only if there has been a diminishes. Changes in the taxes or fees imposed by a third taxes or fees imposed by a third change in the cost of fuel or other foreseen departure or arrival party not directly involved in the party not directly involved in the power sources for the carriage of times may have a significant performance of the included performance of the included passengers, in taxes or fees imposed impact where they the cause travel services or in the exchange travel services or in the exchange by a third party not directly the traveller a high degree of rates relevant to the package and rates relevant to the package and involved in the performance of the inconvenience or additional if both an upward and downward if both an upward and downward included travel services or in the expenses or considerably effect revision of the price is expressly revision of the price is expressly exchange rates relevant to the other travel services. For reserved in the contract. Price reserved in the contract. package and if both an upward and example, there may be a increases should be limited to Travellers should have the right downward revision of the price is significant impact on the 10% of the price of the package. to terminate the contract without expressly reserved in the contract. traveller, if the departure or any obligation to pay Price increases should be limited to arrival times are changed by compensation or to accept an 10% of the price of the package If more than three hours and alternative equivalent travel the organiser proposes a price where the departure or arrival package offered by the organiser increase of more than 8% the time is shifted to late in the if the price increases exceed 8% traveller should be able to evening or early in the morning of the original price of the terminate the contract. or to a different part of the package. day. Price increases should be possible only if there has been a change in the cost of fuel or

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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. Price increases should be limited to 10% of the price of the package If the organiser proposes a price increase of more than 8% the traveller should be able to terminate the contract.

• 46. 

  AM 25 Keep GA

  (28a) Price increases should always be justified in writing. If the price is increased by more than 8%, the traveller should be offered in writing the possibility of terminating the contract or accepting an alternative travel package equivalent in price to that booked. If the traveller does not take advantage of that possibility, the travel package at

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the higher price should be considered as accepted. The burden of proof regarding receipt of the notification in writing should remain with the organiser.

• 47. 

  (29) It is appropriate to set out (29) It is appropriate to set out Keep GA specific rules on remedies as specific rules on remedies as

  regards the lack of conformity in regards the lack of conformity in the the performance of the package performance of the package travel travel contract. The traveller contract. The traveller should be should be entitled to have entitled to have problems resolved problems resolved and, where a and, where a significant proportion significant proportion of the of the services contracted for cannot services contracted for cannot be be provided, the traveller should be provided, the traveller should be offered alternative arrangements. If offered alternative arrangements. the organiser does not remedy the Travellers should also be entitled lack of conformity within a to a price reduction and/or reasonable period of time set by compensation for damages. the traveller, the traveller should Compensation should also cover be able do so himself and demand any immaterial damage, in reimbursement of his expenses. In particular in case of a spoilt certain cases there should not be a holiday, and, in justified cases, need to specify a time-limit, expenses which the traveller especially if immediate remedy is incurred when resolving a required. This would apply, for problem himself. instance, when, due to the delay of the bus provided by the organiser,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the traveller has to take a taxi to reach his flight on time. Travellers should also be entitled to a price reduction, termination and/or compensation for damages. Compensation should also cover any im non-material damage, in particular in case of a spoilt trip or holiday, and, in justified cases, expenses which the traveller incurred when resolving a problem himself. 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.

• 48. 

  (30) In order to ensure (30) In order to ensure consistency, (30) In order to ensure consistency, it is appropriate to it is appropriate to align the consistency, it is appropriate to

  align the provisions of this provisions of this Directive with align the provisions of this Directive with international international conventions covering Directive with international conventions covering travel travel services and with the Union conventions covering travel services and with the Union legislation on passenger rights. services and with the Union legislation on passenger rights. Where the organiser is liable for legislation on passenger rights.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Where the organiser is liable for failure to perform or improper Where the organiser is liable for failure to perform or improper performance of the services failure to perform or improper performance of the services included in the package travel performance of the services included in the package travel contract, the organiser should be included in the package travel contract, the organiser should be able to invoke the limitations of the contract, the organiser should be able to invoke the limitations of liability of service providers set out able to invoke the limitations of the liability of service providers in such international conventions as the liability of service providers set out in such international the Montreal Convention of 1999 set out in such international conventions as the Montreal for the Unification of certain Rules conventions as the Montreal Convention of 1999 for the for International Carriage by Air, Convention of 1999 for the Unification of certain Rules for the Convention of 1980 concerning Unification of certain Rules for

International Carriage by Air 10 , International Carriage by Rail International Carriage by Air 15 ,

the Convention of 1980 (COTIF) and the Athens the Convention of 1980 concerning International Convention of 1974 on the Carriage concerning International Carriage

Carriage by Rail (COTIF) 11 and of Passengers and their Luggage by by Rail (COTIF) 16 and the

the Athens Convention of 1974 Sea. Where it is impossible, because Athens Convention of 1974 on on the Carriage of Passengers of unavoidable and extraordinary the Carriage of Passengers and

and their Luggage by Sea 12 . circumstances, to ensure the their Luggage by Sea 17 . Where it

Where it is impossible, because traveller's return to the place of is impossible, because of of unavoidable and extraordinary departure, the organiser's obligation unavoidable and extraordinary

10 2001/539/EC: Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of

Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38).

11 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the

Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) (OJ L 51, 23.2.2013, p. 1).

12 2012/22/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens

Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

circumstances, to ensure the to bear the cost of the travellers' circumstances, to ensure the traveller's return to the place of continued stay at the place of traveller's return to the place of departure, the organiser's destination should be aligned with departure, the organiser's obligation to bear the cost of the the Commission's proposal aimed to obligation to bear the cost of the travellers' continued stay at the amend Regulation (EC) No travellers' continued stay at the place of destination should be 261/2004 of the European place of destination should be aligned with the Commission's Parliament and of the Council of 11 aligned with Regulation (EU)

proposal 13 aimed to amend February 2004 establishing common No .../... of the European

Regulation (EC) No 261/2004 i of rules on compensation and Parliament and of the the European Parliament and of assistance to passengers in the event Council 18+ establishing common

the Council of 11 February 2004 of denied boarding and of rules on compensation and establishing common rules on cancellation or long delay of flights. assistance to passengers in the compensation and assistance to event of denied boarding and passengers in the event of denied of cancellation or long delay of boarding and of cancellation or flights.

long delay of flights 14 .

15 Council Decision 2001/539/EC i of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain

Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.7.2001, p. 38).

16 Council Decision 2013/103 i/EU of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the

Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, p. 1).

17 Council Decision 2012/22 i/EU of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens

Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1).

13 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 i establishing common rules on

compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 i on air carrier liability in respect of the carriage of passengers and their baggage by air - COM/2013/130 final.

14 OJ L 46, 17.2.2004, p.1.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 49. 

  AM 27 Keep GA

  (31) This Directive should not (31) This Directive should not (31) This Directive should not affect affect the rights of travellers to affect the rights of travellers to the rights of travellers to present present claims both under this present claims both under this claims both under this Directive and Directive and under any other Directive and under any other under any other relevant Union relevant Union legislation, so relevant Union legislation, so that legislation or international that travellers will continue to travellers will continue to have conventions, so that travellers will have the possibility to address the possibility to address claims continue to have the possibility to claims to the organiser, the to the organiser, the carrier or any address claims to the organiser, the carrier or any other liable party, other liable party, or, as the case carrier or any other liable party, or, or, as the case may be, to several may be, to several parties. It as the case may be, to several parties. It should be clarified that should be clarified that they may parties. It should be clarified that they may not cumulate rights not cumulate rights under they may not cumulate rights under under different legal bases if the different legal bases if the rights different legal bases if the rights rights safeguard the same interest safeguard the same interest or safeguard the same interest or have or have the same objective. The have the same objective. the same objective , in order to organiser's liability is without However, the need to ensure that avoid overcompensation, prejudice to the right to seek travellers receive an appropriate compensation or price reduction redress from third parties, and timely compensation in granted under this Directive and including service providers. cases where the contract is not the compensation or price performed fully by one of the reduction granted under the other parties should not impose an legal acts should be deducted

18 Regulation (EU) No .../... of the European Parliament and of the Council of … amending Regulation (EC) No 261/2004 i establishing common rules

on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 i on air carrier liability in respect of the carriage of passengers and their baggage by air (OJ L ...).

+ OJ: please insert the number of the Regulation (2013/0072(COD) i) in the recital and the number, date of adoption and publication reference of the

Regulation in footnote 4.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

unreasonable and from each other. The organiser's disproportionate burden on liability is without prejudice to the organisers and retailers. In right to seek redress from third addition to their obligation to parties, including service providers. remedy any lack of conformity or to compensate travellers, organisers and retailers should also have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations. The organiser and retailer's liability is therefore without prejudice to this right to seek redress from third parties, including service providers.

• 50. 

  AM 28

  (32) If the traveller is in (32) If the traveller is in difficulty (32) If the traveller is in difficulty (32) If the traveller is in difficulty during the trip or during the trip or holiday, the during the trip or holiday, the difficulty during the trip or holiday, the organiser should be organiser should be obliged to organiser should be obliged to give holiday, the organiser should be obliged to give prompt give appropriate assistance prompt appropriate assistance. obliged to give prompt assistance. Such assistance without undue delay. Such Such assistance should consist appropriate assistance without should consist mainly in assistance should consist mainly mainly in providing, where undue delay. Such assistance providing, where appropriate, in providing, where appropriate, appropriate, information on aspects should consist mainly in information on aspects such as information on aspects such as such as health services, local providing, where appropriate, health services, local authorities health services, local authorities authorities and consular assistance, information on aspects such as and consular assistance, as well and consular assistance, as well as well as practical help, for health services, local authorities

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

as practical help, for instance as practical help, for instance instance with regard to distance and consular assistance, as well with regard to distance with regard to distance communications and alternative as practical help, for instance communications and alternative communications and the travel arrangements. with regard to distance travel arrangements. procurement of alternative travel communications and alternative arrangements. travel arrangements.

• 51. 

  (33) In its Communication on (33) In its Communication on (33) In its Communication of 18 passenger protection in the event passenger protection in the event of March 2013 entitled 'Passenger

of airline insolvency, 19 the airline insolvency, the Commission protection in the event of

Commission set out measures to set out measures to improve the airline insolvency', the improve the protection of protection of travellers in the event Commission set out measures to travellers in the event of an of an airline insolvency, including improve the protection of airline insolvency, including better enforcement of Regulation travellers in the event of an better enforcement of Regulation (EC) No 1008/2008 i on common airline insolvency, including (EC) No 1008/2008 on common rules for the operation of air better enforcement of Regulation rules for the operation of air services in the Community, of (EC) No 1008/2008on common

services in the Community 20 , of Regulation No 261/2004 i on air rules for the operation of air

Regulation No 261/2004 i on air passenger rights and engagement services in the Community, of passenger rights and engagement with industry stakeholders, failing Regulation (EC) No 261/2004 of with industry stakeholders, which a legislative measure could the European Parliament and

failing which a legislative be considered. That Communication of the Council 21 on air passenger

measure could be considered. concerns the purchase of an rights and engagement with That Communication concerns individual component, namely air industry stakeholders, failing the purchase of an individual travel services, and therefore is which a legislative measure

19 COM (2013)129 i of 18.3.2013.

20 OJ L 293, 31.10.2008, p. 3.

21 Regulation (EC) No 261/2004 i 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, and repealing Regulation (EEC) No 295/91 i (OJ L 46, 17.2.2004, p. 1).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

component, namely air travel without prejudice to existing rules could be considered. That

services, and therefore is without on packages and does not prevent Communication concerns the

prejudice to existing rules on the legislators to provide for purchase of an individual

packages and does not prevent insolvency protection also for component, namely air travel

the legislators to provide for buyers of other modern services, and therefore is without

insolvency protection also for combinations of travel services. prejudice to existing rules on

buyers of other modern packages and does not prevent

combinations of travel services. the legislators to provide for

insolvency protection also for

buyers of other modern

combinations of travel services.

• 52. 

  AM 29

  (34) Member States should (34) Member States should (34) Member States should ensure (34) Member States should ensure that travellers purchasing ensure that travellers purchasing that travellers purchasing a package ensure that travellers purchasing a package or an assisted travel a package or a linked travel or an assisted travel arrangement are a package or an assisted travel arrangement are fully protected arrangement are fully protected fully protected against the arrangement are fully protected against the insolvency of the against the insolvency of the insolvency of the organiser, of the against the insolvency of the organiser, of the retailer having organiser, of the retailer having retailer having facilitated the organiser, of the retailer having facilitated the assisted travel facilitated the linked travel assisted travel arrangement or of facilitated the assisted travel arrangement or of any of the arrangement or of a business any of the service providers. arrangement or of any of the service providers. Member States involved in the linked travel Member States in which package service providers. Member States in which package organisers and arrangement. Member States organisers and retailers facilitating in which package organisers and retailers facilitating assisted should ensure that traders assisted travel arrangements retailers facilitating assisted travel arrangements are offering such combinations of organisers are established should travel arrangements organisers established should ensure that travel services provide security ensure that traders offering such are established should ensure that traders offering such for the refund of all payments combinations of travel services they traders offering such combinations of travel services made by travellers and for their provide security for the refund of all combinations of travel services provide security for the refund of repatriation in the event of payments made by travellers and, they provide security for the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

all payments made by travellers insolvency. While retaining insofar as a package includes the refund of all payments made by and for their repatriation in the discretion as to the way in which carriage of passengers, for their travellers and, insofar as a event of insolvency. While insolvency protection is granted, repatriation in the event of their package includes the carriage retaining discretion as to the way Member States should ensure that insolvency. While retaining of passengers, for their in which insolvency protection is their insolvency protection discretion as to the way in which repatriation in the event of their granted, Member States should schemes are effective and able to insolvency protection is granted to insolvency. However, ensure that their national guarantee prompt repatriation and be arranged, Member States should continuation of the package insolvency protection schemes the immediate refund of all ensure that their national insolvency may be offered, if it is possible. are effective and able to travellers affected by the the protection schemes are is guarantee prompt repatriation insolvency. Where a traveller effective. and able to guarantee and the refund of all travellers would prefer to complete their prompt repatriation and the refund affected by the insolvency. The package or linked travel of all travellers affected by the required insolvency protection arrangement rather than obtain insolvency. Effectiveness implies should take into account the a full refund, the insolvency that the protection should become actual financial risk of the protection may, where available as soon as, as a activities of the organiser, appropriate, provide for the consequence of the organiser's relevant retailer or service fulfilment of existing contracts, liquidity problems, travel services provider, including the type of in order to enable the package are not being performed, will not combination of travel services or linked travel arrangement to be or will only partially be they sell, foreseeable seasonal continue at no additional cost to performed or service providers fluctuations as well as the extent the traveller. The required require travellers to pay for them. of pre-payments and the way in insolvency protection should take Member States may require that which these are secured. In into account the actual financial organisers provide travellers with accordance with Directive risk of the activities of the a certificate documenting a direct 2006/123/EC of the European organiser, relevant retailer or of a entitlement against the provider Parliament and of the Council of business involved in the linked of the insolvency protection. 12 December 2006 on services in travel arrangement, including

the internal market 25 , in cases the type of combination of travel

where insolvency protection may services they sell, foreseeable

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

be provided in the form of a seasonal fluctuations as well as guarantee or an insurance policy, the extent of pre-payments and such security may not be limited the way in which these are to attestations issued by financial secured. In accordance with operators established in a Directive 2006/123/EC i of the particular Member State. European Parliament and of the

Council 25 , in cases where

insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State.

• 53. 

  (34a) The required For the Keep GA insolvency protection to be

  effective, it should cover take into account the foreseeable amounts of payments affected by a trader's insolvency and, where applicable, the foreseeable cost for repatriations. actual financial risk of the activities of the organiser, relevant retailer or service provider, including the type of combination of travel services they sell, foreseeable seasonal fluctuations as well as the extent of pre-payments and the way

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

in which these are secured. In accordance with Directive 2006/123/EC i of the European Parliament and of the Council of 12 December 2006 on services in the internal market, in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State.

• 54. 

  (34b) This means that the Keep GA 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

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 55. 

  (34c) In light of national Keep GA 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.

• 56. 

  (35) In order to facilitate the free (35) In accordance with the Keep GA movement of services, Member Treaty and in line with Directive

  States should be obliged to 2006/123/EC of the European recognise insolvency protection Parliament and of the Council of under the law of the Member 12 December 2006 on services in State of establishment. To the internal market it is facilitate the administrative appropriate to lay down rules so cooperation and supervision of as to prevent that the insolvency businesses which are active in protection obligations act as an different Member States with obstacle to the free movement of regard to insolvency protection, services and the freedom of Member States should be obliged establishment. in cases where to designate central contact insolvency protection may be points. provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State. In order to facilitate the free movement of services. Therefore,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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.

• 57. 

  (36) As regards assisted travel (36) As regards Traders Keep GA arrangements, beyond the facilitating assisted travel

obligation to provide insolvency arrangements, beyond the obligation ‘linked’ instead ‘assisted’

protection and to inform to provide insolvency protection travellers that individual service and should be obliged to inform providers are solely responsible travellers that they are not buying for their contractual a package and that individual performance, the relevant service providers are solely contracts are subject to general responsible for their the Union consumer protection performance of their contracts. legislation and sector-specific Traders facilitating assisted travel Union legislation. 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

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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

• 58. 

  (36a) When laying down rules on Keep GA the insolvency protection to be

  provided by traders in relation to ‘linked’ instead ‘assisted’

  packages and assisted travel arrangements, Member States should not be prevented from taking into account the special situation of smaller companies.

• 59. 

  (37) It is appropriate to protect (37) It is appropriate to protect Keep GA travellers in situations where a travellers in situations where a

retailer arranges the booking of a retailer arranges the booking of a ‘linked’ instead ‘assisted’

package or an assisted travel package or where a trader arrangement and where the facilitates an assisted travel retailer makes mistakes in the arrangement and where the retailer booking process. such traders makes mistakes in the booking process.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 60. 

  (38) It is also appropriate to (38) It is also appropriate to confirm (38) It is also appropriate to confirm that consumers may not that consumers travellers may not confirm that consumers

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

• 61. 

  (39) It is necessary that Member (39) It is necessary that Member (39) It is necessary that Member States lay down penalties for States lay down penalties for States lay down penalties for

  infringements of national infringements of national provisions infringements of national provisions transposing this transposing this Directive and provisions transposing this Directive and ensure that they ensure that they are enforced. The Directive and ensure that they are are enforced. The penalties penalties should be effective, enforced. Those The penalties should be effective, proportionate and dissuasive should be effective, proportionate proportionate and dissuasive. and dissuasive.

• 62. 

  AM 30

  (40) The adoption of this (40) The adoption of this (40) The adoption of this Directive (40) The adoption of this Directive makes it necessary to Directive makes it necessary to makes it necessary to adapt certain Directive makes it necessary to adapt certain consumer adapt certain consumer protection consumer protection acts. Taking adapt certain consumer protection acts. Taking into acts. Taking into account that into account that Directive protection acts. Taking into account that Directive Directive 2011/83 i/EU of the 2011/83/EU of the European account that Directive

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

2011/83/EU of the European European Parliament and the Parliament and the Council of 25 2011/83/EU of the European

Parliament and the Council of 25 Council 26 in its current form does October 2011 on consumer rights in Parliament and of the Council of

October 2011 on consumer not apply to contracts covered by its current form does not apply to 25 October 2011 on consumer

rights 22 in its current form does Directive 90/314/EEC i, it is contracts covered by Directive rights 23 in its current form does

not apply to contracts covered by necessary to amend Directive 90/314/EEC i, it is necessary to not apply to contracts covered by

Directive 90/314/EEC i, it is 2011/83 i/EU to ensure that it amend Directive 2011/83 i/EU to Directive 90/314/EEC i, it is

necessary to amend Directive continues to apply to individual ensure that it applies to assisted necessary to amend Directive

2011/83/EU to ensure that it travel services that form part of continues to apply ies to individual 2011/83/EU to ensure that it

applies to assisted travel a linked travel arrangement, travel services that form part of applies to assisted continues to

arrangements and that certain insofar as those individual an assisted travel arrangements, apply to individual travel

consumer rights laid down in that services are not otherwise insofar as those individual services that form part of an

Directive also apply to packages excluded from the scope of services are not otherwise assisted linked travel

Directive 2011/83 i/EU and that excluded from the scope of arrangements arrangement,

certain consumer rights laid down Directive 2011/83 i/EU, and that insofar as those individual

in that Directive also apply to certain consumer rights laid down in services are not otherwise

packages. that Directive also apply to excluded from the scope of

packages. Directive 2011/83 i/EU, and that

certain consumer rights laid

down in that Directive also apply

to packages.

22 OJ L 304, 22.11.2011, p. 64.

23 Directive 2011/83 i/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, amending Council Directive

93/13/EEC and Directive 1999/44/EC i of the European Parliament and of the Council and repealing Council Directive 85/577/EEC i and Directive 97/7/EC i of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 63. 

  (40a) The law applicable to a Keep GA 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).

• 64. 

  (40b) It should be clarified that Keep GA the regulatory requirements of

  this Directive regarding ‘linked’ instead ‘assisted’

  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.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 65. 

  (41) This Directive should be (41) This Directive should be (41) This Directive should be Keep GA without prejudice to Regulation without prejudice to Regulation without prejudice to Regulation

  (EC) No 593/2008 of the (EC) No 593/2008 of the (EC) No 593/2008 of the European European Parliament and of the European Parliament and of the Parliament and of the Council of 17 Council of 17 June 2008 on the Councilof 17 June 2008 on the June 2008 on the law applicable to law applicable to contractual law applicable to contractual contractual obligations (Rome I)

  obligations (Rome I) 24 and obligations (Rome I) 25 and and national contract law for those

  national contract law for those national contract law for those aspects that are not regulated by it. aspects that are not regulated by aspects that are not regulated by Since this Directive aims to it. Since this Directive aims to it. Since the objectives of this contribute to the proper functioning contribute to the proper Directive, namely to contribute to of the internal market and to the functioning of the internal the proper functioning of the achievement of a high level of market and to the achievement of internal market and to the consumer protection, its objectives a high level of consumer achievement of a high and as cannot be achieved by the Member protection, its objectives cannot uniform as possible level of States and can be better achieved at be achieved by the Member consumer protection, its Union level. Therefore, the Union States and can be better achieved objectives cannot be sufficiently may adopt measures, in accordance at Union level. Therefore, the achieved by the Member States with the principle of subsidiarity as Union may adopt measures, in and can therefore be better set out in Article 5 of the Treaty on accordance with the principle of achieved at Union level, European Union. In accordance subsidiarity as set out in Article 5 Therefore, the Union may adopt with the principle of proportionality, of the Treaty on European measures, in accordance with the as set out in that Article, this Union. In accordance with the principle of subsidiarity as set out Directive does not go beyond what principle of proportionality, as in Article 5 of the Treaty on is necessary in order to achieve its set out in that Article, this European Union. In accordance objectives.

24 OJ L 177, 4.7.2008, p. 6.

25 Regulation (EC) No 593/2008 i of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations

(Rome I) (OJ L 177, 4.7.2008, p. 6).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Directive does not go beyond with the principle of what is necessary in order to proportionality, as set out in that achieve its objectives. Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

NB: EP LawyerLinguist drafting

• 66. 

  (42) This Directive respects the (42) This Directive respects the (42) This Directive respects the fundamental rights and observes fundamental rights and observes the fundamental rights and observes

  the principles recognised by the principles recognised by the Charter the principles recognised by the Charter of Fundamental Rights of Fundamental Rights of the Charter of Fundamental Rights of of the European Union. The European Union. The proposal, in the European Union (Charter). proposal, in particular, respects particular, respects the freedom to This Directive The proposal, in the freedom to conduct a conduct a business laid down in particular, respects the freedom business laid down in Article 16 Article 16 of the Charter, while to conduct a business laid down of the Charter, while ensuring a ensuring a high level of consumer in Article 16 of the Charter, high level of consumer protection within the Union, in while ensuring a high level of protection within the Union, in accordance with Article 38 of the consumer protection within the accordance with Article 38 of the Charter. Union, in accordance with Charter. Article 38 of the Charter.

• 67. 

  (43) In accordance with the Joint (43) In accordance with the Joint (43) In accordance with the Joint Political Declaration of Member Political Declaration of Member Political Declaration of 28

  States and the Commission of 28 States and the Commission of 28 September 2011 of Member September 2011 on explanatory September 2011 on explanatory States and the Commission on

documents, Member States have documents, Member States have explanatory documents 26 ,

undertaken to accompany, in undertaken to accompany, in Member States have undertaken

26 OJ C 369, 17.12.2011. p. 14.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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

• 68. 

  HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS HAVE ADOPTED THIS DIRECTIVE: DIRECTIVE: DIRECTIVE: DIRECTIVE:

• 69. 

  CHAPTER I CHAPTER I CHAPTER I CHAPTER I Subject matter, scope and Subject matter, scope and Subject matter, scope and Subject matter, level of

  definitions definitions definitions harmonisation, scope and definitions

• 70. 

  Article 1 Article 1 Article 1 Article 1 Subject matter Subject matter Subject matter Subject matter

• 71. 

  AM 31 Council has accepted the EP AM

  This Directive is to contribute to The purpose of this Directive is This Directive is to contribute to the The purpose of this Directive is the proper functioning of the to contribute to the proper proper functioning of the internal to contribute to the proper internal market and to the functioning of the internal market market and to the achievement of a functioning of the internal market achievement of a high level of and to the achievement of a high high level of consumer protection and to the achievement of a high

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

consumer protection by and as uniform as possible level by approximating certain aspects of and as uniform as possible level approximating certain aspects of of consumer protection in respect the laws, regulations and of consumer protection by the laws, regulations and of the laws, regulations and administrative provisions of the approximating certain aspects of administrative provisions of the administrative provisions of the Member States in respect of the laws, regulations and Member States in respect of Member States in respect of contracts on package travel and administrative provisions of the contracts on package travel and contracts on package travel and assisted travel arrangements Member States in respect of assisted travel arrangements linked travel arrangements concluded between travellers and contracts on package travel and concluded between travellers and concluded between travellers and traders. assisted linked travel traders. traders. arrangements concluded between travellers and traders.

(CRP Feb 27)

• 72. 

  AM 32

  Article 1a (new) Article 1a

  Level of harmonisation Level of harmonisation

• 73. 

  Unless otherwise provided for in Unless otherwise provided for this Directive, Member States in this Directive, Member

  shall not maintain or introduce, States shall not maintain or in their national law, provisions introduce, in their national law, diverging from those laid down provisions diverging from those in this Directive, including more laid down in this Directive, or less stringent provisions including more or less stringent which would ensure a different provisions which would ensure level of consumer protection. a different level of consumer protection.

  This Directive shall not affect

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

national general contract law such as the rules on the validity, formation or effect of a contract, insofar as general contract law aspects are not regulated in this Directive.

Council has accepted the EP AM (to be evaluated at the end of the

negotiations)

Last para inserted as Article 2 para 3. Corresponds to Art. 3(5) CRD on national contract law

(CRP Feb 27)

• 74. 

  Article 2 Article 2 Article 2 Scope Scope Scope

• 75. 

  1. This Directive shall apply to 1. This Directive shall apply to EP has accepted the Council’s packages offered for sale or sold packages offered for sale or sold by text

  by traders to travellers, with the traders to travellers with the

  exception of Article 17, and to exception of Article 17, and to Keep GA

  assisted travel arrangements with assisted travel arrangements with

the exception of Articles 4 to 14, the exception of Articles 4 to 14, ‘linked’ instead ‘assisted’

Articles 18 and Article 21(1). Articles 18 and Article 21(1) where they are offered for sale or sold by traders to travellers.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 76. 

  2. This Directive shall not apply 2. This Directive shall not apply to: 2. This Directive shall not apply to: to:

• 77. 

  (a) packages and assisted travel (a) packages and assisted travel (a) to packages and assisted arrangements covering a period arrangements covering a period of linked travel arrangements

  of less than 24 hours unless less than 24 hours unless overnight covering a period of less than 24 overnight accommodation is accommodation is included; hours unless overnight included; accommodation is included;

• 78. 

  AM 33 EP has accepted the Council’s text. Recital 19 to be agreed.

  (aa) packages and linked travel (aa) packages and assisted travel arrangements that are arrangements offered or (aa) where a trader offers occasionally offered or put facilitated on a not-for-profit packages are offered and or together by natural or legal basis, provided they are offered: facilitates assisted linked travel persons where no direct or arrangements offered or

  indirect financial gain is made - only to a limited group of facilitated are facilitated on a from the sale of those packages travellers and not-for-profit basis, provided

  or the facilitation of those linked

travel arrangements and where - not more than occasionally;

they are offered:

the traveller has been duly - only to a limited group of informed by the responsible travellers and

trader that this Directive shall

not apply to such package or - not more than occasionally;

travel arrangement; (CRP 27 Feb)

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 79. 

  AM 34

  (b) ancillary contracts covering (b) ancillary contracts covering (b) ancillary contracts covering [(b) ancillary contracts covering financial services; travel services provided in financial services concluded in financial services concluded in addition to the package and connection with a package travel connection with a package booked without the involvement contract or an assisted travel travel contract or an assisted of the travel organiser or arrangement; linked travel arrangement;] ancillary contracts covering financial services;

• 80. 

  AM 35

  (c) packages and assisted travel (c) packages and linked travel (c) packages and assisted travel (c) packages and assisted linked arrangements purchased on the arrangements purchased on the arrangements purchased on the travel arrangements purchased on basis of a framework contract basis of a framework contract for basis of a framework contract the basis of a framework contract between the traveller's employer business travel between a between the traveller's employer between the traveller's employer and a trader specialising in the business on whose behalf the and a trader specialising in the and a trader specialising in the arrangement of business travel; traveller is travelling and a arrangement of business travel for arrangement of business travel trader; the arrangement of business for the arrangement of travel between a trader and business travel between a another natural or legal person trader and another natural or who is acting for purposes legal person who is acting for relating to his trade, business, purposes relating to his trade, craft or profession or where a business, craft or profession; traveller specifies that he is travelling for professional purposes;

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 81. 

  AM 36 Keep GA

  (d) packages where not more (d) packages where not more than (d) packages where not more than EP has shown flexibility than one travel service as one travel service as referred to in one travel service as referred to in referred to in points (a), (b), and points (a), (b), and (c) of Article points (a), (b), and (c) of Article (c) of Article 3(1) is combined 3(1) is combined with a travel 3(1) is combined with a travel with a travel service as referred service as referred to in point (d) service as referred to in point (d) of to in point (d) of Article 3(1) if of Article 3(1) if the latter Article 3(1) if this service does not this service does not account for service does not account for a account for a significant proportion a significant proportion of the significant proportion of the of the package; or package; or package or clearly does not represent the reason for the trip or the ancillary service is clearly not marketed as the main element of the trip; or

• 82. 

  (e) stand-alone contracts for a (e) stand-alone contracts covering Keep GA single travel service. exclusively for a single travel

  service;

• 83. 

  AM 37 Keep GA

  (ea) carriage of passengers by EP has accepted the Council’s bus, rail, water or air which Art. 3(1)(b) includes accommodation, if the main component is clearly transport and such carriage is not combined with another travel service as referred to in

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

points (b), (c) or (d) of Article 3(1).

• 84. 

  (ea) contracts covered by Keep GA Directive 2008/122/EC i 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.

• 85. 

  (3) This Directive shall not affect national general contract

  law such as the rules on the validity, formation or effect of a contract, insofar as general contract law aspects are not regulated in this Directive

  (CRP 27 Feb)

  EP has accepted the Council’s text

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 86. 

  Article 3 Article 3 Article 3 Article 3 Definitions Definitions Definitions Definitions

• 87. 

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

  definitions shall apply: apply: definitions shall apply:

• 88. 

  (1) 'travel service' means: (1) 'travel service' means: (1) 'travel service' means:

• 89. 

  (a) carriage of passengers, (a) carriage of passengers, (a) carriage of passengers;

• 90. 

  AM 38 EP has accepted the Council’s am with small modification

  (b) accommodation other than (b) accommodation for (b) accommodation other than for for residential purpose, residential purposes, provided residential purposes and if it is not (b) accommodation other than for that such accommodation ancillary to carriage of residential purposes and if which clearly serves a touristic passengers, it is not ancillary to carriage of purpose, passengers,

• 91. 

  AM 39

  (c) car rental or (c) rental of cars, other vehicles (c) car rental or (c) rental of cars or of other or other means of transport, or motor vehicles within the

  meaning of Article 3 (11) of Directive 2007/46/EC i or

  *Motor vehicle means any power-driven vehicle which is

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

moved by its own means, having at least four wheels, being complete, completed or incomplete, with a maximum design speed exceeding 25 km/h.

• 92. 

  AM 40

  (d) any other tourist service not (d) any other tourist service not (d) any other tourist service, d) any other tourist service not ancillary to carriage of ancillary to carriage of including rental of other means ancillary intrinsically part of a passengers, accommodation or passengers, accommodation or of transport, not ancillary to travel service within the car rental; rental of cars, other vehicles or carriage of passengers, meaning of letters (a), (b) and other means of transport; accommodation or car rental; (c);

• 93. 

  (2) 'package' means a (2) 'package' means a combination (2) 'package' means a combination of at least two of at least two different types of combination of at least two

  different types of travel services travel services for the purpose of the different types of travel services for the purpose of the same trip same trip or holiday, if for the purpose of the same trip or holiday, if or holiday, if

• 94. 

  (a) those services are put (a) those services are put together EP has accepted the Council’s together by one trader, including combined by one trader, including text

  at the request or according to the at the request or according to the

  selection of the traveller, before a selection of the traveller, before a Keep GA

  contract on all services is single contract on all services is concluded; or concluded, or

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 95. 

  (b) irrespective of whether (b) irrespective of whether separate (b) irrespective of whether separate contracts are concluded contracts are concluded with separate contracts are concluded

with individual travel service individual travel service providers, with individual travel service

providers, those services are those services are: providers, those services are:

• 96. 

  AM 41

  (i) purchased from a single point (i) purchased from a single point (i) purchased from a single point of (i) purchased from a single point of sale within the same booking of sale within the same booking sale and at least two different of sale and at least two process, process, and all of those services travel services have been selected different travel those services have been selected by the before the traveller agrees to pay, have been selected before the traveller before the traveller has within the same booking process traveller agrees to pay, within agreed to pay, or the same booking process

• 97. 

  AM 42

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

• 98. 

  AM 43

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

• 99. 

  (iv) combined after the (iv) combined after the conclusion (iv) combined after the conclusion of a contract by of a contract by which a trader conclusion of a contract by which

  which a trader entitles the entitles the traveller to choose a trader entitles the traveller to traveller to choose among a among a selection of different types choose among a selection of selection of different types of different types of travel services,

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  travel services, or of travel services, or or

• 100. 

  AM 44

  (v) purchased from separate (v) purchased from separate (v) purchased from separate traders (v) purchased from separate traders through linked online traders through linked online through linked online booking traders through linked online booking processes where the booking processes where the processes where the traveller's name booking processes where the traveller's name or particulars traveller's name and other or particulars needed to conclude a traveller's name or and one of needed to conclude a booking personal data, such as contact booking transaction are transferred the following: transaction are transferred details, credit card details or between the traders at the latest between the traders at the latest passport details, needed to when the booking of the first - the traveller's identity when the booking of the first conclude a booking transaction service is confirmed. card/passport number,

  service is confirmed; are transferred between the

  traders at the latest 24 hours - payment details,

  after the booking of the first

  service is confirmed; - other personal identification details,

  - the travel destination, or

  - the traveller's e-mail address

  are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is concluded not more than 24 hours after the confirmation of the first travel

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  service.

• 101. 

  Combinations where not more EP has shown flexibility than one travel service as referred

  to in points (a), (b), or (c) of A combination of travel paragraph 1 is combined with a services where not more than travel service as referred to in one type of travel service as point (d) of paragraph 1 are not referred to in letters (a), (b), or packages if the latter service does (c) of point 1 is combined with not account for a significant one or more travel services as proportion of the package, or is referred to in letter (d) of point added only after the performance 1 may be a package only if the of a travel service in the sense of latter services:

  points (a), (b) or (c) has started. - account for a significant

  proportion of the value of the combination, are advertised as or otherwise represent an essential feature of the combination/ trip or holiday,

  - or and are selected and purchased before the performance of a travel service in the sense of letters (a), (b) or (c) of point 1 has started;

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 102. 

  (3) 'package travel contract' (3) 'package travel contract' means a (3) 'package travel contract' means a contract on the package contract on the package as a whole means a contract on the package

  as a whole or, if the package is or, if the package is provided under as a whole or, if the package is provided under different different contracts, all contracts provided under different contracts, all contracts covering covering services included in the contracts, all contracts covering services included in the package; package; services included in the package;

• 103. 

  (4) 'start of the package' means (4) 'start of the package' means the (4) 'start of the package' means the beginning of the performance beginning of the performance of the the beginning of the performance

  of the package; first travel service included in the of the first travel service package travel contract; included in the package travel contract;

  (CRP 27 Feb)

• 104. 

  AM 45

  (5) 'assisted travel arrangement' (5) 'linked travel arrangement' (5) 'assisted travel arrangement' (5) assisted linked travel means a combination of at least means a combination of at least means a combination of at least two arrangement' means a two different types of travel two different types of travel different types of travel services combination of at least two services for the purpose of the services for the purpose of the purchased for the purpose of the different types of travel services same trip or holiday, not same trip or holiday, not same trip or holiday, not purchased for the purpose of the constituting a package, resulting constituting a package, resulting constituting a package within the same trip or holiday, not in the conclusion of separate in the conclusion of separate meaning of paragraph 2(b), constituting a package within the contracts with the individual contracts with the individual resulting in the conclusion of meaning of paragraph 2(b), travel service providers, if a travel service providers, if one of separate contracts with the resulting in the conclusion of retailer facilitates the the providers involved or a individual travel service providers, separate contracts with the combination: retailer facilitates the if a retailer trader facilitates, the individual travel service combination: combination: providers, if a retailer trader

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  facilitates the combination:

• 105. 

  AM 46 Keep GA

  (a) on the basis of separate (a) where the traveller selects (a) on the basis of separate bookings bookings on the occasion of a and agrees to pay for each travel on the occasion of a single visit or single visit or contact with the service separately on the contact with its point of sale, the point of sale; or occasion of a single visit or separate selection and separate contact with the point of sale; or payment of each travel service by travellers; or on the occasion of a single visit or contact with its point of sale; or

• 106. 

  AM 47

  (b) through the procurement of (b) through the procurement of (b) in a targeted manner, through (b) in a targeted manner, additional travel services from additional travel services from the procurement of additional travel through the procurement of at another trader in a targeted another trader in a targeted services from another traders where least one additional travel manner through linked online manner through linked online contracts with such other traders service from another traders is booking processes at the latest booking processes where at least are concluded not more than 48 where contracts with such when the booking of the first the traveller's name or contact hours after the confirmation of other traders are and where a service is confirmed; details are transferred to the the first travel service in a targeted contract with such other trader other trader and such additional manner through linked online is concluded not more than [24] services are procured at the latest booking processes at the latest when hours after the confirmation of 24 hours after the booking of the the booking of the first service is the first travel service. in a first service is confirmed; confirmed; targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed. Point 2 second subparagraph applies

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  accordingly;

• 107. 

  (6) 'traveller' means any person (6) 'traveller' means any person who (6) 'traveller' means any person who is seeking to conclude or is is seeking to conclude or is entitled who is seeking to conclude or is

  entitled to travel on the basis of a to travel on the basis of a contract entitled to travel on the basis of a

  contract concluded within the concluded within the scope of this contract concluded within the

  scope of this Directive, including Directive, including business scope of this Directive. ,

  business travellers insofar as they travellers insofar as they do not including business travellers

  do not travel on the basis of a travel on the basis of a framework insofar as they he does not travel

  framework contract with a trader contract. with a trader specialising on the basis of a framework with

  specialising in the arrangement in the arrangement of business a trader specialising in the

  of business travel; travel; arrangement of business travel.

  The EP has accepted the Council’s text (CRP 27 Feb)

• 108. 

  (7) 'trader' means any person, (7) 'trader' means any natural Keep GA who is acting for purposes person or legal person,

  relating to his trade, business, irrespective of whether privately craft or profession; 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;

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 109. 

  AM 48 EP could give up AM 48

  (8) ‘organiser’ means a trader (8) ‘organiser’ means a trader (8) 'organiser' means a trader who (8) 'organiser' means a trader who combines and sells or offers who combines and sells or offers combines and sells or offers for sale who combines and sells or offers for sale packages, either directly for sale packages, either directly packages in the sense of paragraph for sale packages in the sense of or through another trader or or through another trader or 2, either directly or through another paragraph 2, either directly or together with another trader; together with another trader or trader or together with another through another trader or where more than one trader who facilitates the combination trader; where more than one trader together with another trader; or, meets any of the criteria referred and procurement of such meets any of the criteria referred to the trader who transmits the to in point (b) of paragraph 2, all packages; where more than one in point (b) of paragraph 2, all of traveller’s data to another of those traders are considered as trader meets any of the criteria those traders are considered as trader in accordance with point organisers, unless one of them is referred to in point (b) of organisers, unless one of them is (b) (v) of paragraph 2;where designated as organiser and the paragraph 2, all of those traders designated as organiser and the more than one trader meets any traveller is informed accordingly; are considered as organisers, traveller is informed accordingly; of the criteria referred to in point unless one of them is designated (b) of paragraph 2, all of those as organiser and the traveller is traders are considered as informed accordingly; organisers, unless one of them is designated as organiser and the traveller is informed accordingly;

• 110. 

  (9) 'retailer' means a trader other (9) 'retailer' means a trader other (9) 'retailer' means a trader other than the organiser who: than the organiser who: than the organiser who:

• 111. 

  AM 49 EP has accepted the Council’s text

  (a) sells or offers for sale (a) sells or offers for sale (a) sells or offers for sale packages packages or packages put together by the combined by an organiser; or Keep GA organiser; or

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 112. 

  AM 50 EP could accept the Council’s approach on use of “trader who

  (b) facilitates the procurement of (b) facilitates the procurement of (b) facilitates the procurement of facilitating LTAs”.

  travel services which are part of travel services which are part of a travel services which are part of an an assisted travel arrangement by linked travel arrangement by assisted travel arrangement by Keep GA assisting travellers in concluding assisting travellers in concluding assisting travellers in concluding separate contracts for travel separate contracts for travel separate contracts for travel services services with individual service services with individual service with individual service providers; providers; providers, one of whom may be the retailer himself;

• 113. 

  (9a) “establishment” means Keep GA 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;

• 114. 

  (10) 'durable medium' means any (10) 'durable medium' means any (10) 'durable medium' means any instrument which enables the instrument which enables the instrument which enables the

  traveller or the trader to store traveller or the trader to store traveller or the trader to store information addressed personally information addressed personally to information addressed personally to him in a way accessible for him in a way accessible for future to him in a way accessible for future reference for a period of reference for a period of time future reference for a period of time adequate for the purposes of adequate for the purposes of the time adequate for the purposes of the information and which allows information and which allows the the information and which allows the unchanged reproduction of unchanged reproduction of the the unchanged reproduction of the information stored; information stored; the information stored;

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 115. 

  AM 51 EP has accepted the Council’s text

  (11) 'unavoidable and (11) 'unavoidable and (11) 'unavoidable and extraordinary extraordinary circumstances' extraordinary circumstances' circumstances' means a situation Keep GA means a situation beyond the means an unforeseeable beyond the control of the trader the control of the trader the situation beyond the control of party who invokes such situation consequences of which could not the trader, the consequences of the consequences of which could have been avoided even if all which could not have been not have been avoided even if all reasonable measures had been avoided even if all due care had reasonable measures had been taken; been exercised; taken;

• 116. 

  AM 52

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

• 117. 

  AM 53 Not acceptable

  (12a) 'ancillary services’ means a non-stand-alone touristic service in the context of the provision or supplementing of travel services such as, in particular, travel insurance, transport between a station and the accommodation or to the airport of departure and in the context of excursions, transport

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

of luggage, meals and cleaning services provided as part of accommodation.

• 118. 

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

• 119. 

  (14) 'point of sale' means any EP has accepted the Council’s retail premises, whether movable text

  or immovable, as well as a retail

  website or similar online sales Keep GA

  facility, including where retail websites or online sales facilities are presented to the travellers as a single facility, including a telephone service;

• 120. 

  (15) 'repatriation' means the EP could accept the Council’s traveller's return to the place of text, but will check if the term is

  departure or to another place the used somewhere else. parties agree on. Keep GA

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 121. 

  Chapter II Chapter II Chapter II Chapter II Information obligations and Information obligations and Information obligations and Information obligations and

  content of the package travel content of the package travel content of the package travel content of the package travel contract contract contract contract

• 122. 

  Article 4 Article 4 Article 4 Article 4 Pre-contractual information Pre-contractual information Pre-contractual information Pre-contractual information

• 123. 

  AM 54

  • 1. 

    Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that, 1. Member States shall ensure that, before the traveller is bound that, before the traveller is bound before the traveller is bound by any that, before the traveller is bound by any package travel contract or by any package travel contract or package travel contract or any by any package travel contract or any corresponding offer, the any corresponding offer, the corresponding offer, the organiser any corresponding offer, the organiser and, where the package organiser shall provide the and, where the package is sold organiser and, where the package is sold through a retailer, also the traveller with the following through a retailer, also the retailer is sold through a retailer, also the retailer shall provide the traveller information where applicable to shall provide the traveller with the retailer shall provide the traveller with the following information the package: following information where with the information specified where applicable to the package: applicable to the package: in Annex I and the following information where applicable to the package:

• 124. 

  (a) the main characteristics of the (a) the main characteristics of the (a) the main characteristics of the travel services: travel services: travel services:

• 125. 

  AM 55 EP has accepted the Council’s text

  (i) the travel destination(s), (i) the travel destination(s), (i) the travel destination(s), itinerary itinerary and periods of stay, itinerary and periods of stay, with and periods of stay, with dates and,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

with dates; dates, and the number of nights where accommodation is included; included, the number of nights included;

• 126. 

  AM 56 EP has accepted the Council’s text

  (ii) the means, characteristics and (ii) the means, characteristics and (ii) the means, characteristics and categories of transport, the categories of transport, the points, categories of transport, the points, (ii) the means, characteristics and points, dates and time of dates and time of departure and dates and time of departure and categories of transport, the departure and return or, where return, the duration and places of return or, where the exact time is points, dates and time of the exact time is not yet intermediate stops and transport not yet determined, the approximate departure and return or, where determined, the approximate connections. time of departure and return, the the exact time is not yet time of departure and return, the duration and places of intermediate determined, the approximate time

  duration and places of Where the exact time is not yet stops and transport connections; of departure and return, the intermediate stops and transport determined, the trader shall duration and places of connections; inform the traveller of the intermediate stops and transport approximate time of departure connections.

  and return. Where the exact time is not yet

  Where no indicative time can be determined, the trader shall determined, the retailer shall inform the traveller of the inform the traveller accordingly; approximate time of departure

  and return;

  (CRP 27 Feb)

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 127. 

  AM 57 EP has accepted the Council’s text

  (iii) the location, main features (iii) the location, main features (iii) the location, main features and, and tourist category of the and official category of the where applicable, tourist category Keep GA accommodation; accommodation assigned by the of the accommodation under the competent body in the place in rules of the host country which the accommodation is concerned; located;

• 128. 

  (iv)whether meals are provided (iv) whether meals are provided EP has accepted the Council’s and, if so, the meal plan; and, if so, the meal plan; text

• 129. 

  (v) visits, excursion(s) or other (v) visits, excursion(s) or other (v) visits, excursion(s) or other services included in the total services included in the total price services included in the total

price agreed for the package; agreed for the package; price agreed for the package;

• 130. 

  AM 58 The Council has accepted the EP’s am with the modification:

  (va) whether any of the travel services shall be provided to the (va) where this is not apparent traveller as a part of a group from the context, whether any and, if that is the case, how of the travel services shall be many people are expected to provided to the traveller as participate; part of a group, and if that is the case and where that is possible, the estimated approximate size of the group ;

  (CRP 27 Feb)

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 131. 

  (vi) the language(s) in which the AM 59 (vi) where the traveller’s benefit EP has accepted the Council’s activities will be carried out and from other tourist services text

  deleted depends on effective oral communication, the language in Keep GA

  which the activities those services will be carried out, and,

• 132. 

  AM 60 EP has accepted the Council’s text

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

• 133. 

  (b) the trading name, the (b) the trading name, the (b) the trading name and geographical address of the geographical address of the geographical address of the

  organiser and, where applicable, organiser and, where applicable, the organiser and, where applicable, the retailer, as well as their retailer, as well as their telephone of the retailer, as well as their telephone number and e-mail number and, where applicable, etelephone number and e-mail address; mail address; address;

  (CRP 27 Feb)

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 134. 

  AM 61

  (c) the total price of the package (c) the total price of the package (c) the total price of the package (c) the total price of the package inclusive of taxes and, where inclusive of taxes and, where inclusive of taxes and, where inclusive of taxes and, where applicable, of all additional fees, applicable, of all additional fees, applicable, of all additional fees, applicable, of all additional fees, charges and other costs or, where charges and other costs or, where charges and other costs or, where charges and other costs or, where those costs cannot reasonably be those costs cannot reasonably be those costs cannot reasonably be those costs cannot reasonably be calculated in advance, the fact calculated in advance, the fact calculated in advance of the calculated in advance of the that the traveller may have to that the traveller may have to conclusion of the contract, the fact conclusion of the contract an bear such additional costs; bear such additional costs and that the traveller may have to bear indication of the type of the nature of such costs; the such additional costs; additional costs which the total price must be presented in traveller may still have to bear; the form of a detailed invoice the fact that the traveller may setting out all the costs of the have to bear such additional travel service in a transparent costs; manner;

• 135. 

  (d) the arrangements for payment (d) the arrangements for payment, EP has accepted the Council’s and, where applicable, the including any amount or text

  existence and the conditions for percentage of the price which is to deposits or other financial be paid as a down payment and Keep GA

  guarantees to be paid or provided the timetable for payment of the by the traveller; balance, and, where applicable, the existence and the conditions for deposits or other financial guarantees to be paid or provided by the traveller;

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 136. 

  AM 62

(e) the minimum number of (e) where appropriate, the (e) where appropriate the (e) where appropriate, the

persons required for the package minimum number of persons minimum number of persons minimum number of persons

to take place and a time-limit of required for the package to take required for the package to take required for the package to take

at least 20 days before the start place and the time-limit referred place and a the time-limit of at least place and a the time-limit of at

of the package for the possible to in Article 10(3) before the start 20 days referred to in Article least 20 days referred to in

cancellation if that number is not of the package for the possible 10(3) before the start of the package point (a) of Article 10(3) before

reached; cancellation if that number is not for the possible cancellation if that the start of the package for the

reached; number is not reached; possible cancellation if that

number is not reached;

• 137. 

  (f) general information on (f) general information on passport (f) general information on passport and visa requirements, and visa requirements, including passport and visa requirements,

  including approximate periods approximate periods for obtaining including approximate periods for obtaining visas, for nationals visas, for nationals of the Member for obtaining visas, for nationals of the Member State(s) State(s) concerned and information of the Member State(s) concerned and information on on health formalities; concerned and information on health formalities; health formalities of the country of destination;

• 138. 

  AM 63 Compromise text agreed:

  (fa) information on the optional (ga) information on optional or (fa) information on optional or conclusion of an insurance compulsory insurance to cover compulsory insurance to cover policy to cover the costs of the cost of cancellation by the the cost of cancellation by the cancellation by the traveller or traveller or the cost of assistance, traveller or the cost of the cost of repatriation in the including repatriation, in the assistance, including event of accident or illness; event of accident or illness; repatriation, in the event of

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

accident, illness or death;

(CRP 27 Feb)

• 139. 

  (g) confirmation that the services (g) confirmation that the services (g) confirmation that the services constitute a package within the constitute a package within the constitute a package within the

  meaning of this Directive. meaning of this Directive and meaning of this Directive and information on the provision of information on the provision of insolvency protection which insolvency protection which applies to the package in applies to the package in

  accordance with Annex 1; accordance with Annex 1;

• 140. 

  AM 64

  (ga) information that, in (ga) information that the accordance with Article 10, the traveller may terminate the traveller or the organiser may contract at any time before the terminate the contract at any start of the package against time before the start of the payment of a reasonable fee in package and upon the payment accordance with Article 10 of an applicable reasonable paragraph 1, and, where standardised termination fee, if applicable, the standardised any; fees requested by the organiser;

• 141. 

  AM 65 EP could drop am in return of acceptance of EP am 61

  (gb) the possibility of transferring the package travel Not acceptable contract to another traveller,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

and possible limitations on, and consequences of, such transfer.

• 142. 

  (gb) that the traveller will benefit (gb) that the traveller will from the rights granted by benefit from the rights granted

  Articles 8 (2), 19, 21 and 22 of by Articles 8 (2), 19, 21 and 22 Directive 2011/83 i/EU. of Directive 2011/83 i/EU.

• 143. 

  AM 66 EP has dropped am and accepted the Council’s text in para 1

  1a. Where a package is sold through a retailer, the retailer shall provide the traveller without delay with the full information referred to in paragraph 1.

• 144. 

  AM 67 EP has accepted the Council’s text

  • 2. 

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

• 145. 

  AM 68

  2a. Where a travel contract is concluded by electronic means,

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  the organiser shall make the traveller aware in a clear and prominent manner, and directly before the traveller places his order, of the information provided for in points (a)(i), (ii), (iii), (iv), (v), (c), and (d) of paragraph 1. The second subparagraph of Article 8(2) of Directive 2011/83 i/EU shall apply accordingly.

• 146. 

  AM 69 EP has dropped am and accepted the Council’s text in new Article

  2b. As regards compliance with 6a

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

• 147. 

  Article 5 Article 5 Article 5 Article 5 Binding character of pre Binding character of pre Binding character of pre Binding character of precontractual

  information and contractual information and contractual information and contractual information and conclusion of the contract conclusion of the contract conclusion of the contract conclusion of the contract

• 148. 

  AM 70

  • 1. 

    Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that 1. Member States shall ensure that the organiser may not that the organiser may not change the organiser may not change the that the organiser may not change change the information made the information made known to information made known provided the information made known

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  known to the traveller pursuant the traveller pursuant to points to the traveller pursuant to points provided to the traveller to points (a), (c), (d), (e) and (g) (a), (c), (d), (e), (f), (g) and (ga) (a), (c), (d), (e) and (g) of Article pursuant to points (a), (c), (d), of Article 4, unless the organiser of Article 4(1), which shall form 4(1), unless the organiser reserves (e), and (g) and (ga) of Article reserves the right to make an integral part of the package the right to make changes to that 4(1), unless the organiser changes to that information and travel contract and shall not be information and communicates any reserves the right to make communicates any changes to the altered unless the contracting changes to the traveller in a clear changes to that information and traveller in a clear and prominent parties expressly agree and prominent manner before the communicates any changes to the manner before the conclusion of otherwise. All changes to the conclusion of the contract shall traveller in a clear and prominent the contract. pre-contractual information form an integral part of the manner before the conclusion of shall be communicated to the package travel contract and shall the contract shall form an traveller in a clear and prominent not be altered unless the integral part of the package manner before the conclusion of contracting parties expressly travel contract and shall not be the contract. agree otherwise. altered unless the contracting parties expressly agree otherwise. All changes to the pre-contractual information shall be communicated to the traveller in a clear and prominent manner before the conclusion of the contract.

• 149. 

  AM 71

  • 2. 

    If the information on 2. If the information on additional 2. If the information on additional 2. If the information on additional charges, fees or other charges, fees or other costs fees, charges or other costs referred additional charges, fees or other costs referred to in point (c) of referred to in point (c) of Article to in point (c) of Article 4(1) is not costs referred to in point (c) of Article 4 is not provided prior to 4(1) is not provided prior to the provided prior to the conclusion of Article 4(1) is not provided prior the conclusion of the contract, conclusion of the contract, the the contract, the traveller shall not to the conclusion of the contract, the traveller shall not bear those traveller shall not bear those fees, bear those fees, charges or other the traveller shall not bear those

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

fees, charges or other costs. charges or other costs. costs. fees, charges or other costs.

• 150. 

  AM 72 EP has accepted the Council’s text

  • 3. 

    At or immediately after the 3. At or without delay after the 3. At or immediately after the conclusion of the contract, the conclusion of the contract, the conclusion of the contract, the Keep GA organiser shall provide the organiser shall provide the organizer shall provide the traveller traveller with a copy of the traveller with a copy of the with a copy of the contract or a contract or a confirmation of the contract or a confirmation of the confirmation of the contract on a contract on a durable medium. contract on a durable medium. durable medium.

• 151. 

  Article 6 Article 6 Article 6 Article 6 Content of the package travel Content of the package travel Content of the package travel Content of the package travel

  contract and documents to be contract and documents to be contract and documents to be contract and documents to be supplied before the start of the supplied before the start of the supplied before the start of the supplied before the start of the

  package package package package

• 152. 

  1. Member States shall ensure 1. Member States shall ensure that EP has accepted the Council’s that package travel contracts are package travel contracts are in plain text

  in plain and intelligible language and intelligible language and, in so

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

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

retailer. contract on a durable medium. The traveller shall be is entitled to request a paper copy if the

contract has been concluded in the presence of the organiser or retailer.

With respect to off-premises contracts, the contract shall be provided to the traveller on paper, or if the traveller agrees, on another durable medium.

(1a) If a package travel contract is to be concluded by telephone at the organiser's initative, the organiser shall confirm the offer on a durable medium. The traveller shall be bound only once he has signed that offer or has sent his written consent.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 153. 

  AM 74

  • 2. 

    The contract or the 2. The text of the contract or the 2. The contract or the confirmation 2. The contract or the confirmation of the contract shall confirmation of the contract shall of the contract shall include all the confirmation of the contract shall include all the information set out the full content of the information referred to in Article set out the full content of the referred to in Article 4. It shall contract and in particular the 4(1) It shall include and the agreement which shall include include the following additional information pursuant to Article 4 following additional information: all the information referred to in information: which has become an integral Article 4(1) It shall include and part of the contract. The text of the following additional the contract or confirmation of information: the contract shall include the following additional information:

• 154. 

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

  accepted; accepted; accepted;

• 155. 

  (b) information that the organiser (b) information that the organiser is: (b) information that the organiser is: is:

• 156. 

  (i) responsible for the proper (i) responsible for the proper EP has accepted the Council’s performance of all included performance of all included travel text

  travel services; services and Keep GA

• 157. 

  (ii) obliged to provide assistance (ii) obliged to provide assistance if (ii) obliged to provide assistance if the traveller is in difficulty in the traveller is in difficulty in if the traveller is in difficulty in

accordance with Article 14; accordance with Article 14; accordance with Article 14;

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 158. 

  (iii) obliged to procure (iiiba)obliged to procure insolvency EP has accepted the Council’s insolvency protection for refund protection for refund and text

  and repatriation in accordance repatriation in accordance with

  with Article 15, as well as the Article 15, as well as the name of Keep GA

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

• 159. 

  AM 75

  (c) the details of a contact point deleted (c) the details such as name, (c) the name, address, where the traveller can complain address, telephone number and, telephone number, e-mail about any lack of conformity where applicable, e-mail address address and, where applicable, which he perceives on the spot; and the fax number of the the fax number of the organiser's local representative, a organiser's local contact point or an emergency representative, a contact point service which enables where the or an emergency service which traveller to contact the trader enables where the traveller to quickly and communicate with contact the organiser trader him efficiently, can complain to quickly and communicate with seek assistance when in difficulty him efficiently, can complain to or to complain about any lack of seek assistance when in conformity perceived during the difficulty or to complain about performance of the package which any lack of conformity perceived on the spot; during the performance of the package which on the spot;

  (ca) information that the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

traveller is required to communicate any lack of conformity which he perceives during the performance of the package in accordance with Article 11 (1) (a);

• 160. 

  (d) the name, geographical AM 76 (d) the name, geographical address, Keep GA address, telephone number and etelephone number, and e-mail

  mail address of the organiser's deleted address of the organiser's local EP moved to para. 4(c) below local representative or contact representative or contact point (“information to be provided in point whose assistance a traveller whose assistance a traveller in good time before the start of the in difficulty could request or, difficulty could request or, where no package”)

  where no such representative or such representative or contact point

  contact point exists, an exists, an emergency telephone Council merged points (c) and emergency telephone number or number or the indication of other (d)

  the indication of other ways of ways of contacting the organiser; contacting the organiser;

• 161. 

  (e) information that the traveller AM 77 (e) information that the traveller (e) information that the traveller may terminate the contract at any may terminate the contract at any may terminate the contract at any

time before the start of the deleted time before the start of the package time before the start of the

package against payment of an against payment of an appropriate package against payment of an appropriate compensation or a compensation or a reasonable appropriate compensation or a reasonable standardised standardised termination fee or an reasonable standardised termination fee if such fees are appropriate termination fee termination fee or an specified in accordance with calculated if such fees are specified appropriate termination fee Article 10 (1); in accordance with Article 10 (1); calculated if such fees are specified in accordance with

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Article 10 (1);

• 162. 

  AM 78

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

• 163. 

  AM 79

  (g) information on available (g) information on available in(g) information on available in(g) information on available inalternative and online dispute house complaint handling house complaint handling house complaint handling resolution mechanisms. procedures and alternative procedures and on alternative procedures and, on alternative dispute resolution mechanisms dispute resolution entities as dispute resolution mechanisms pursuant to Directive defined in point h of Article 4 (1) entities as defined in point h of 2013/11/EU of the European of Directive 2013/11 i/EU of the Article 4 (1) pursuant to

  Parliament and of the Council 1a European Parliament and of the Directive 2013/11 i/EU of the

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

  1b

  the Council . Regulation (EU) No 524/2013 i of resolution mechanisms platform the European Parliament and of pursuant to Regulation (EU)

  No 524/2013 of the European

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the Council; Parliament and of the Council;

• 164. 

  (h) information on the traveller's EP can accept subject to the right to transfer the contract to acceptance of the EP AM 64 (Art.

  another traveller in accordance 4(1)(ga)) with Article 7; Keep GA

• 165. 

  AM 80

  • 3. 

    The information referred to in 3. The information referred to in 3. The information referred to in 3. The information referred to in paragraph 2 shall be provided in paragraph 2 shall be provided in a paragraph 2 shall be provided in a paragraph 2 shall be provided in a clear and prominent manner. clear, comprehensible and clear, comprehensible and a clear, comprehensible and prominent manner. prominent manner. prominent manner.

• 166. 

  3a. Member States may maintain EP has accepted the Council’s or introduce in their national law text

  language requirements regarding

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

  contractual information, so as to ensure that such information is easily understood by the consumer traveller.

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 167. 

  AM 81 EP has accepted the Council’s text

  • 4. 

    In good time before the start of 4. In good time before the start of 4. In good time before the start of the package, the organiser shall the package, the organiser shall the package, the organiser shall Keep GA provide the traveller with the provide the traveller with the provide the traveller with the necessary receipts, vouchers or following information: necessary receipts, vouchers or tickets, including information on tickets, including information on the the precise times of departure, precise scheduled times of intermediate stops, transport departure and, where applicable, connections and arrival. the deadline for check-in, as well as the scheduled times for intermediate stops, transport connections and arrival.

• 168. 

  (a) necessary receipts, vouchers EP has accepted the Council’s or tickets, including information text in Art. 6 (4)

  on the precise times of departure, intermediate stops, transport connections and arrival;

• 169. 

  (b) all relevant contact details in See compromise in Article 6 (2) case the traveller perceives any (c)

  lack of conformity, and details of how the traveller should proceed;

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 170. 

  (c) the name, geographical See compromise in Article 6 (2) address, telephone number and (c)

  e-mail address of the organiser's local representative or contact point whose assistance a traveller in difficulty could request or, where no such representative or contact point exists, an emergency telephone number or the indication of other ways of contacting the organiser.

• 171. 

  Article 6a Article 6a Burden of proof

• 172. 

  As regards compliance with the EP has accepted the Council’s information requirements laid text

  down in this Chapter, the burden

  of proof shall be on the trader. Keep GA

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 173. 

  Chapter III Chapter III Chapter III Chapter III Changes to the contract before Changes to the contract before Changes to the contract before Changes to the contract before

  the start of the package the start of the package the start of the package the start of the package

• 174. 

  Article 7 Article 7 Article 7 Article 7 Transfer of the contract to Transfer of the contract to Transfer of the contract to another Transfer of the contract to

  another traveller another traveller traveller another traveller

• 175. 

  AM 82

  • 1. 

    Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that a 1. Member States shall ensure that a traveller may, after giving that a traveller may, after giving traveller may, after giving the that a traveller may, after giving the organiser reasonable notice the organiser or the retailer organiser reasonable notice on a the organiser reasonable notice on a durable medium before the notice on a durable medium durable medium before the start of on a durable medium before the start of the package, transfer the within a maximum of seven days the package, transfer the contract to start of the package, transfer the contract to a person who satisfies before the start of the package, a person who satisfies all the contract to a person who satisfies all the conditions applicable to transfer the contract to a person conditions applicable to that all the conditions applicable to that contract. who satisfies all the conditions contract. that contract. Notice at the latest applicable to that contract. seven days before the start of the package is in any event deemed to be reasonable.

• 176. 

  AM 83

  • 2. 

    The transferor of the contract 2. The transferor of the contract 2. The transferor of the contract and 2. The transferor of the contract and the transferee shall be jointly and the transferee shall be jointly the transferee shall be jointly and and the transferee shall be jointly and severally liable for the and severally liable for the severally liable for the payment of and severally liable for the payment of the balance due and payment of the balance due and the balance due and for any payment of the balance due and for any additional fees, charges for any additional fees, charges or additional fees, charges or other for any additional fees, charges

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

or other costs arising from the other costs, if any, arising from costs arising from the transfer. or other costs arising from the transfer. Those costs shall not be the transfer. The organiser shall Those costs shall not be transfer. Those costs The unreasonable and in any case inform the transferor and the unreasonable and in any case shall organiser shall inform the shall not exceed the actual cost transferee about the possible not exceed the actual cost borne by transferor and the transferee borne by the organiser. costs of such transfer, which in the organiser due to the transfer of about the possible actual costs any case shall not be the contract. of such the transfer., which in unreasonable and shall not any case Those costs shall not exceed the actual cost incurred be unreasonable and in any case by the organiser. shall not exceed the actual cost borne incurred by the organiser due to the transfer of the contract.

• 177. 

  AM 84

  The organiser shall be 2a It will be for the organiser to 2a.The organiser shall prove responsible for providing proof prove the additional expenses or the additional fees, charges or of the additional fees, charges or costs resulting from the transfer other costs arising from the other costs arising from the of the contract. transfer of the contract. transfer of the contract.

• 178. 

  Article 8 Article 8 Article 8 Article 8 Alteration of the price Alteration of the price Alteration of the price Alteration of the price

• 179. 

  1. Member States shall ensure 1. Member States shall ensure that EP has accepted the Council’s that prices are not subject to prices are not subject to revision text.

  revision, unless the contract after the conclusion of the

  expressly reserves the possibility contract, prices may be increased Keep GA

  of an increase and obliges the only if unless the contract expressly organiser to reduce prices to the reserves the this possibility and

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

same extent as a direct states that the traveller is entitled consequence of changes: to price reduction under paragraph 4. In that case the contract shall state how price revisions are to be calculated. of an increase and obliges the organiser to reduce prices to the same extent. Price increases shall be possible exclusively as a direct consequence of changes in:

• 180. 

  AM 85

(a) in the cost of fuel for the (a) in the price of passenger (a) in the cost of fuel or other (a) in the price of carriage of

carriage of passengers, transport services resulting from power sources for the carriage of passenger services resulting

the cost of fuel for the carriage of passengers, from the cost of fuel or other

passengers, power sources for the carriage of

passengers,

• 181. 

  (b) in the level of taxes or fees on (b) in the level of taxes or fees on (b) in the level of taxes or fees on the included travel services the included travel services imposed the included travel services

  imposed by third parties not by third parties not directly involved imposed by third parties not directly involved in the in the performance of the package, directly involved in the performance of the package, including tourist taxes, landing performance of the package, including tourist taxes, landing taxes or embarkation or including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and taxes or embarkation or disembarkation fees at ports and airports, or disembarkation fees at ports and airports, or airports, or

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 182. 

  (c) in the exchange rates relevant (c) in the exchange rates relevant to (c) in the exchange rates relevant to the package. the package. to the package.

• 183. 

  AM 86 The EP drops AM 86 subject to acceptance of EP AM 98 (an

  1a. A price reduction pursuant alternative equivalent travel to paragraph 1 of 3% or more package)

  shall be passed on to the traveller. A price increase pursuant to paragraph 1 may be passed on to the traveller only if the price changes by 3% or more. In the event of a price reduction of 3% or more, the organiser may charge a lump sum of EUR 10 per traveller for administrative expenses

• 184. 

  AM 87

  • 2. 

    The price increase referred to 2. If the price increase referred to 2. If T the price increase referred to 2. If T the price increase referred

  in paragraph 1 shall not exceed in paragraph 1 exceeds 8% of the in paragraph 1 shall not exceeds to in paragraph 1 shall not

  10% of the price of the package. price of the package, Article 9(2) 108% of the price of the package, exceeds 108% of the price of the

  shall apply. the traveller may terminate the package, Article 9 (2) and (4)

  contract in accordance with shall apply.

  Articles 9 (2) and (4).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 185. 

  AM 88

  • 3. 

    The price increase referred to 3. The price increase referred to 3. Irrespective of its extent, a price 3. Irrespective of its extent, a in paragraph 1 shall be valid only in paragraph 1 shall be valid only increase referred to in paragraph 1 price increase referred to in if the organiser notifies the if the organiser, without undue shall be valid possible only if the paragraph 1 shall be valid traveller of it with a justification delay, notifies the traveller organiser notifies the traveller of it possible only if the organiser and calculation on a durable clearly and comprehensibly on a with a justification and calculation notifies the traveller clearly and medium at the latest 20 days durable medium at the latest 20 on a durable medium at the latest 20 comprehensibly of it with a prior to the start of the package. days prior to the start of the days prior to the start of the justification and calculation it on package of the price increase package. a durable medium at the latest 20 with a justification and days prior to the start of the calculation. package.

• 186. 

  4. If the contract stipulates the 4. If the contract stipulates the possibility of price increases, the possibility of price increases,

  traveller shall have the right to a the traveller shall have the price reduction corresponding to right to a price reduction a decrease of the costs referred to corresponding to a decrease of in points (a), (b) and (c) of the costs referred to in points paragraph 1 that occurs after the (a), (b) and (c) of paragraph 1 conclusion of the contract and not that occurs after the conclusion later than 20 days prior to the of the contract until the start of start of the package. the package. and not later than 20 days prior to the start of the package.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 187. 

  5. In case of a price decrease, the 5. In case of a price decrease, organiser shall have the right to the organiser shall have the

  deduct actual administrative right to deduct actual expenses from the refund owed to administrative expenses from the traveller. the refund owed to the traveller not exceeding [2 %] of the price of the package.

  At the traveller’s request, the organiser shall prove the actual administrative expenses arising from the calculation of the price decrease.

• 188. 

  Article 9 Article 9 Article 9 Article 9 Alteration of other contract Alteration of other contract terms Alteration of other contract terms Alteration of other contract terms

  terms

• 189. 

  AM 89

  • 1. 

    Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that, 1. Member States shall ensure that, before the start of the that, before the start of the before the start of the package, the that, before the start of the package, the organiser may not package, the organiser may not organiser may not unilaterally package, the organiser may not unilaterally change contract unilaterally change contract terms change contract terms other than the unilaterally change contract terms other than the price, other than the price in price in accordance with Article 8, terms other than the price in unless: accordance with Article 8, unless: accordance with Article 8, unless: unless:

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 190. 

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

• 191. 

  AM 90 Keep GA

  (b) the change is insignificant (b) the change is insignificant in (b) the change is insignificant, and EP has accepted the Council’s and particular with regard to the text elements set out in points (a) and (d) of Article 4(1); and

• 192. 

  (c) the organiser informs the (c) the organiser informs the Keep GA traveller in a clear and prominent traveller in a clear, comprehensible

  manner on a durable medium. and prominent manner on a durable EP has accepted the Council’s medium. text

• 193. 

  AM 91 Not acceptable

  1a. A change in the terms of a contract shall in particular be considered to be significant within the meaning of paragraph 2 of this Article if the time of departure and return provided in accordance with point (a)(ii) of Article 4(1) diverges by more than three hours from the actual time of departure or return or, if it is not within the part of the day

  DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  indicated in the pre-contractual information.

• 194. 

  AM 92

• 2. 

  If, before the start of the 2. If, before the start of the 2. If, before the start of the package, 2. If, before the start of the

package, the organiser is package, the organiser is the organiser is constrained to alter package, the organiser is

constrained to alter significantly constrained to alter significantly significantly any of the main constrained to alter significantly

any of the main characteristics of any of the main characteristics of characteristics of the travel services any of the main characteristics of

the travel services as defined in the travel services as defined in as defined in point (a) of Article the travel services as defined in

point (a) of Article 4 or special point (a) of Article 4(1) or special 4(1) or special requirements as point (a) of Article 4(1) or

requirements as referred to in requirements as referred to in referred to in point (a) of Article special requirements as referred

point (a) of Article 6(2), the point (a) of Article 6(2) or to 6(2), the traveller may accept the to in point (a) of Article 6(2) or

organiser shall without undue increase the price of the package proposed change or terminate the to increase the price of the

delay inform the traveller in a by more than 8% of the contract within a reasonable timepackage by more than 8% in

clear and prominent manner on a contractual price in accordance limit specified by the organiser. If accordance with Article 8(2),

durable medium of: with Article 8(2), the organiser the traveller does not accept the the traveller may accept the

shall without undue delay inform proposed alteration within the proposed change or terminate

the traveller in a clear and specified time-limit, the contract the contract within a

prominent manner on a durable is deemed terminated, unless the reasonable time-limit specified

medium of: organiser extends this time-limit by the organiser. If the

and the traveller accepts the traveller does not accept the

contract change within that proposed alteration within the

period. specified time-limit, the

contract is deemed terminated,

The organiser shall without undue unless the organiser extends delay inform the traveller in a clear, this time-limit and the traveller comprehensible and prominent accepts the contract change manner on a durable medium of: within that period. If the

traveller chooses termination,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

he may accept a substitute package where this is offered by the organiser.

The organiser shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:

• 195. 

  AM 93

  (a) the proposed changes and (a) the proposed changes and (a) the proposed changes, (a) the proposed changes and their impact on the price of the where appropriate in

  package; and accordance with paragraph 3, their impact on the price of the package, and

• 196. 

  (aa) where appropriate in Deleted and merged with (a), see accordance with paragraph 3, the above Art. 9(2)a

  impact on the price of the package, and

• 197. 

  AM 94

  (b) the fact that the traveller may (b) the fact that the traveller may (b) the fact that, if the traveller does (b) the fact that, if the traveller terminate the contract without terminate the contract without not accept the proposed alteration does not accept the proposed penalty within a specified penalty within a specified may terminate the contract without alteration may terminate the reasonable time-limit and that reasonable time-limit or accept penalty within a the specified contract without penalty within a otherwise the proposed alteration an alternative equivalent travel reasonable time-limit, and that specified reasonable time-limit,

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

will be considered as accepted. package offered by the otherwise the contract will be and that otherwise the contract organiser; terminated without penalty. will be terminated without

considered as accepted. penalty considered as accepted and that alternatively the

traveller may accept a substitute package where this is offered by the organiser.

• 198. 

  AM 95 Not acceptable

  (ba) the fact that the proposed change to the contract shall be deemed to have been accepted if the traveller has not exercised the right of termination or accepted an alternative travel package offered by the organiser.

• 199. 

  AM 96

  • 3. 

    Where the changes to the 3. Where the changes to the 3. Where the changes to the contract 3. Where the changes to the contract referred to in paragraph contract or the alternative travel referred to in paragraph 2 result in a contract referred to in paragraph 2 result in a package of lower package offered as referred to in package of lower quality or cost, the 2 or the substitute package quality or cost, the traveller shall paragraph 2 result in a package of traveller shall be entitled to an referred to in paragraph 2 be entitled to an appropriate lower quality or cost, the traveller appropriate price reduction. result in a package of lower price reduction. shall be entitled to an appropriate quality or cost, the traveller shall price reduction. be entitled to an appropriate price reduction.

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 200. 

  AM 97

  • 4. 

    If the contract is terminated 4. If the contract is terminated 4. If the contract is terminated 4. If the contract is terminated pursuant to point (b) of pursuant to point (b) of paragraph pursuant to point (b) of paragraph 2, pursuant to point (b) of paragraph paragraph 2, the organiser shall 2, the organiser shall refund all the organiser shall refund all 2, and the traveller does not refund all payments received payments received from the payments received from the accept a substitute package, the from the traveller within fourteen traveller within 14 days of the traveller without undue delay and organiser shall refund all days after the contract is termination of the contract, in any event not later than within payments received from the terminated. The traveller shall, including payments for ancillary fourteen days after the contract is traveller without undue delay where appropriate, be entitled to services booked through the terminated and . The traveller and in any event not later than compensation in accordance with organiser, such as travel shall, where appropriate, be entitled within fourteen days after the Article 12. insurance, cancellation to compensation in accordance with contract is terminated and The insurance or additional activities Article 12 (2), (3), (4), (5) and (6) traveller shall, where appropriate, on the spot booked in advance. shall apply accordingly. be entitled to compensation in The traveller shall, where accordance with Article 12 (2), appropriate, be entitled to (3), (4), (5) and (6) shall apply compensation in accordance with accordingly. Article 12. i.e. keep GA

• 201. 

  Article 10 Article 10 Article 10 Article 10 Termination of the contract Termination of the contract Termination of the contract and the Termination of the contract and

  before the start of the package before the start of the package right of withdrawal before the start the right of withdrawal before of the package the start of the package

• 202. 

  AM 98

  • 1. 

    Member States shall ensure 1. Member States shall ensure 1. Member States shall ensure that 1. Member States shall ensure that the traveller may terminate that the traveller may terminate the traveller may terminate the that the traveller may terminate the contract before the start of the contract before the start of the contract before the start of the the contract before the start of the

    DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

the package against payment of package against payment of an package against payment of an package against payment of an

an appropriate compensation to appropriate compensation to the appropriate compensation. Where appropriate compensation.

the organiser. The contract may organiser. The contract may the traveller terminates the Where the traveller terminates

specify reasonable standardised specify reasonable standardised contract under this paragraph the the contract under this

termination fees based on the termination fees based on the traveller may be required to pay paragraph the traveller may be

time of the termination and the time of the termination and the an appropriate termination fee to required to pay an appropriate

customary cost savings and customary cost savings and the organiser. The contract may termination fee to the organiser.

income from alternative income from alternative specify reasonable standardised The contract may specify

deployment of the travel deployment of the travel services. termination fees based on the time reasonable standardised

services. In the absence of In the absence of standardised of the termination before the start termination fees based on the

standardised termination fees, the termination fees, the amount of of the package and the customary time of the termination before

amount of the compensation the compensation shall expected cost savings and income the start of the package and the

shall correspond to the price of correspond to the price of the from alternative deployment of the customary expected cost savings

the package minus the expenses package minus the expenses travel services. In the absence of and income from alternative

saved by the organiser. proved to have been saved by the standardised termination fees, the deployment of the travel services.

organiser which cannot be amount of the compensation In the absence of standardised

recovered from the travel service termination fee shall correspond to termination fees, the amount of

providers or through alternative the price of the package minus the the compensation termination

deployment of those services. expenses saved cost savings and fee shall correspond to the price

Fees due for the termination of income from alternative of the package minus the

the contract, including deployment of the travel service. expenses saved cost savings and

administrative fees, shall not be by the organiser. income from alternative

disproportionate or excessive. deployment of the travel

The organiser shall provide a service.

justification for the calculation

of the amount of the At the request of the traveller compensation or the the organiser shall provide a standardised termination fees. justification for the amount of The burden of proof that the the termination fees.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

compensation is appropriate

shall be on the organiser. 1a (new)

Paragraph 1 shall not prevent organisers from offering non refundable-discounted rates for packages or one or more of the travel services included in a package, provided that the traveller may choose between a non-refundable discounted rate and a normal rate.

• 203. 

  AM 99 EP could accept the Council’s text (see also recital 26)

  • 2. 

    The traveller shall have the 2. Once the travel contract has 2. The traveller shall have the right right to terminate the contract been concluded, the traveller to terminate the contract before the 2. Once the travel contract has before the start of the package shall have the right to terminate start of the package without paying been concluded, the traveller without compensation in the the contract before the start of the any compensation termination fee shall have the right to terminate event of unavoidable and package without compensation in in the event of unavoidable and the contract before the start of the extraordinary circumstances the event of unavoidable and extraordinary circumstances package without paying any occurring at the place of extraordinary circumstances occurring at the place of destination compensation termination fee in destination or its immediate occurring at or on the way to the or its immediate vicinity and the event of unavoidable and vicinity and significantly place of destination or in its significantly affecting the package, extraordinary circumstances affecting the package. immediate vicinity and or which significantly affect the occurring at the place of significantly affecting the carriage of passengers to the destination or its immediate package which mean that the destination. In the event of vicinity and significantly organiser has to make termination under this paragraph affecting the package, or which significant alterations to the the traveller shall be entitled to a significantly affect the carriage essential elements of the full refund of any payments of passengers to the

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  package travel contract. Such made, but shall not be entitled to destination. In the event of unavoidable and extraordinary additional compensation. termination under this circumstances shall be deemed paragraph the traveller shall to exist, for example, if the be entitled to a full refund of package is significantly affected any payments made, but shall by warfare or a natural disaster. not be entitled to additional Unavoidable and extraordinary compensation. circumstances shall in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.

• 204. 

  AM 101 EP has accepted the Council’s text

  • 3. 

    The organiser may terminate 3. The organiser may terminate 3. The organiser may terminate the the contract without paying the contract without paying contract without paying 3. The organiser may terminate compensation to the traveller, if: compensation to the traveller, compensation to and provide the the contract without paying only in the following cases: traveller with a full refund of any compensation to and provide the payments they have made for the traveller with a full refund of package, but shall not be liable any payments they have made for additional compensation, if: for the package, but shall not be liable for additional compensation, if:

    (CRP Feb 27)

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 205. 

  (a) the number of persons (a) the number of persons (a) the number of persons enrolled EP has accepted Council’s text enrolled for the package is enrolled for the package is for the package is smaller than the

  smaller than the minimum smaller than the minimum minimum number stated in the Keep GA

  number stated in the contract and number stated in the contract and contract and the organiser notifies the organiser notifies the the organiser notifies the traveller the traveller of the termination traveller of the termination of the termination within the within the period fixed in the within the period fixed in the period fixed in the contract but contract, and but not later than: 20 contract and not later than 20 not later than: days before the start of the package; days before the start of the or package; or

• 206. 

  AM 102

  (i) 20 days before the start of the (i) 14 days before the start of the (i) 20 days before the start of package in the case of trips package in the case of trips lasting the package in the case of trips lasting more than six days, more than six days, lasting more than six days,

• 207. 

  (ii) seven days before the start of (ii) seven days before the start of (ii) seven days before the start the package in the case of trips the package in the case of trips of the package in the case of

  lasting between two and six lasting between two and six days, trips lasting between two and days, six days,

• 208. 

  (iii) 48 hours before the start of (iii) 48 hours before the start of EP has accepted the Council’s the package in the case of onethe package in the case of one-day text

  day trips, or trips; or (iii) 48 hours before the start of the package in the case of oneday trips in case over-night accommodation is included; or

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

(CRP Feb 27)

• 209. 

  (b) the organiser is prevented (b) the organiser is prevented from (b) the organiser is prevented from performing the contract performing the contract because of from performing the contract

  because of unavoidable and unavoidable and extraordinary because of unavoidable and extraordinary circumstances and circumstances and notifies the extraordinary circumstances and notifies the traveller of the traveller of the termination without notifies the traveller of the termination without undue delay undue delay before the start of the termination without undue delay before the start of the package. package. before the start of the package.

• 210. 

  4. In cases of termination under 4. In cases of termination under EP has accepted the Council’s paragraphs 1, 2 and 3, the paragraphs 1, 2 and 3, The text

  organiser shall reimburse any organiser shall provide any

  undue payment made by the refunds required under Keep GA

  traveller within fourteen days. paragraphs 2 and 3, or with respect to paragraph 1 reimburse any undue payments made by 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 within fourteen days.

• 211. 

  5. With respect to off-premises 5. With respect to off-premises contracts where the contractual contracts where the contractual

  negotiations were not conducted negotiations were not at the traveller’s request, Member conducted at the traveller’s

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

States may provide in their request, Member States may national law that the traveller has provide in their national law the right to withdraw from the that the traveller has the right contract within a period of 14 to withdraw from the contract days without giving any reason. within a period of 14 days without giving any reason.

• 212. 

  Chapter IV Chapter IV Performance of the package Performance of the package

• 213. 

  Article 11 Article 11 Article 11 Article 11 Liability for the performance of Liability for the performance of Liability for the performance of the Liability for the performance of

  the package the package package the package

• 214. 

  1. Member States shall ensure 1. Member States shall ensure that EP has accepted the Council’s that the organiser is responsible the organiser is responsible for the text

  for the performance of the travel performance of the travel services

  services included in the contract, included in the contract, irrespective 1. Member States (omissis) irrespective of whether those of whether those services are to be providers.

  services are to be performed by performed by the organiser or by

  the organiser or by other service other service providers. Member States may maintain providers. or introduce provisions under

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

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

apply to the retailer. retailer.

1a.The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the contract.

• 215. 

  AM 103

  • 2. 

    If any of the services are not 2. If any of the services are not 2. If any of the services are not 2. If any of the services are not performed in accordance with the performed in accordance with the performed in accordance with the performed in accordance with the contract, the organiser shall contract, the organiser shall contract, the organiser shall remedy contract, the organiser shall remedy the lack of conformity, remedy the lack of conformity, the lack of conformity., unless this remedy the lack of conformity, unless this is disproportionate. provided the lack of conformity is disproportionate. unless that: is reported by the traveller or is

    clear to the organiser and (a) is impossible, or

    remedying it would not be

    disproportionate, unless the lack (b) implies disproportionate of conformity is attributable to costs, taking into account the the traveller. extent of the lack of conformity

    and the value of the affected services.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 216. 

  AM 104

  • 3. 

    Where a significant proportion 3. Where a significant proportion 3.Where a significant proportion of 3. Where a significant proportion of the services cannot be of the services cannot be the services cannot be provided as of the services cannot be provided as agreed in the provided as agreed in the agreed in the contract, the organiser provided as agreed in the contract, the organiser shall contract, the organiser shall make shall make suitable alternative contract, the organiser shall make make suitable alternative suitable alternative arrangements, arrangements, at no extra cost to the suitable alternative arrangements, at no extra cost to at no extra cost to the traveller, traveller, and shall grant the arrangements,, at no extra cost the traveller, for the continuation for the continuation of the traveller an appropriate price for the traveller, suitable of the package, including where package, with service quality at reduction where such alternative alternative arrangements of, the traveller's return to the place least equivalent to that specified arrangements reduce the quality where possible, equivalent or of departure is not provided as under the contract, including or cost of the package., for the higher quality than that agreed. where the traveller's return to the continuation of the package, specified in the contract, for place of departure is not provided including where the traveller's the continuation of the as agreed. return to the place of departure is package, including where the not provided as agreed. traveller's return to the place of departure is not provided as agreed.

    3a. Where the proposed alternative arrangements are of lower quality than that specified in the contract, or it is impossible for the organiser to offer any alternative arrangements, the organiser shall grant the traveller an appropriate price reduction, and, where appropriate,

    DG G 3 A LIMITE EN

  Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

  compensation of damages in accordance with Article 12.

  3b. The traveller may reject the

  proposed alternative

  arrangements only if they are

  not comparable to what was

  agreed in the contract or the

  offered price reduction is

  inadequate.

• 217. 

  2a. If the organiser does not EP has accepted the Council’s remedy the lack of conformity text

  within a reasonable period of time

  set by the traveller, the traveller 2a. Without prejudice to the may do so himself and demand exceptions under letters a and reimbursement of the necessary b of the previous paragraph, if expenses. There is no need to the organiser does not remedy specify a time-limit if the the lack of conformity within a organiser refuses to remedy the reasonable period of time set lack of conformity or if immediate by the traveller, the traveller remedy is required. 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.

  DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 218. 

  3a. The organiser may refuse to Deleted/moved partly to para 2 remedy the lack of conformity in and partly to paragraphs 3a and

  accordance with paragraph 2 only 3b 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.

• 219. 

  AM 105

  • 4. 

    If it is impossible for the 4. If it is impossible for the 4. If it is impossible for the 4. If the traveller rejects the organiser to offer suitable organiser to offer suitable organiser to offer suitable proposed alternative alternative arrangements or the alternative arrangements or the alternative arrangements or the arrangements in line with the traveller does not accept the traveller does not accept the traveller does not accept the previous paragraph, or if it is alternative arrangements alternative arrangements alternative arrangements proposed impossible for the organiser to proposed because they are not proposed because they are not because they are not comparable to offer any alternative comparable to what was agreed comparable to what was agreed what was agreed in the contract, the arrangements, the organiser in the contract, the organiser in the contract, the organiser organiser shall, insofar as the shall, insofar as the package shall, insofar as the package shall, insofar as the package package includes the carriage of includes the carriage of

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

includes the carriage of includes the carriage of passengers, provide the traveller at passengers, provide the passengers, provide the traveller passengers, provide the traveller no extra cost with equivalent traveller at no extra cost with at no extra cost with equivalent at no extra cost with equivalent transport to the place of departure or equivalent transport to the transport to the place of transport to the place of departure to another place to which the place of departure or to departure or to another place to or to another place to which the traveller has agreed and shall, where another place to which the which the traveller has agreed traveller has agreed and shall, appropriate, compensate the traveller has agreed. and shall, where appropriate, where the services agreed in the traveller in accordance with Article compensate the traveller in contract have not been provided, 12. accordance with Article 12. compensate the traveller in accordance with Article 12. Compensation shall be made within 14 days.

• 220. 

  AM 106 Not acceptable

  4a. If paragraph 4 applies, the Covered by new Art. 11a. traveller may terminate the contract where the lack of conformity is significant and subsequent performance is not possible or is unsuccessful.

• 221. 

  AM 107

  • 5. 

    As long as it is impossible to 5. As long as it is impossible to 5. As long as it is impossible to 5. As long as it is impossible to ensure the traveller's timely ensure the traveller's timely ensure the traveller's timely return ensure the traveller's timely return because of unavoidable return because of unavoidable because of unavoidable and return as agreed in the contract and extraordinary circumstances, and extraordinary circumstances, extraordinary circumstances, the because of unavoidable and the organiser shall not bear the the organiser shall not bear the organiser shall not bear the cost for extraordinary circumstances, the cost for the continued stay cost for the continued stay the continued stay accomodation organiser shall not bear the cost

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

exceeding EUR 100 per night exceeding five nights per exceeding EUR 100 per night and for the continued necessary stay and three nights per traveller. traveller. The organiser shall three nights per traveller. accommodation, if possible of arrange accommodation equivalent category, exceeding consistent with the category of EUR 100 per night and three hotel originally booked. The nights per traveller unless longer traveller may book periods are provided for in accommodation himself only if Union legislation applying to the organiser expressly states the relevant means of that he is unwilling or unable to transport. do so. In such cases, the organiser may limit the cost of accommodation to EUR 125 per night per traveller.

• 222. 

  AM 108 EP has accepted the Council’s text

  • 6. 

    The limitation of costs referred 6. The limitation of costs referred 6. The limitation of costs referred to to in paragraph 5 shall not apply to in paragraph 5 shall not apply in paragraph 5 shall not apply to Keep GA to persons with reduced mobility, to persons with reduced mobility, persons with reduced mobility, as as defined in Regulation (EC) No as defined in Regulation (EC) No defined in Regulation (EC) No 1107/2006 i of the European 1107/2006 of the European 1107/2006 of the European

  Parliament and of the Council of Parliament and of the Council 28 , Parliament and of the Council of 5

  5 July 2006 concerning the rights and any person accompanying July 2006 concerning the rights of of disabled persons and persons them, pregnant women and disabled persons and persons with with reduced mobility when unaccompanied children, as well reduced mobility when travelling by

  travelling by air 27 , and any as persons in need of specific air, and any person accompanying

  person accompanying them, medical assistance, provided the them, pregnant women and pregnant women and organiser has been notified of unaccompanied children minors, as

27 OJ L 204, 26.7.2006, p. 1.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

unaccompanied children, as well their particular needs at the time well as persons in need of specific as persons in need of specific of conclusion of the package medical assistance, provided the medical assistance, provided the travel contract or, if that is not organiser has been notified of their organiser has been notified of possible, at least 48 hours before particular needs at least 48 hours their particular needs at least 48 the start of the package. The before the start of the package. The hours before the start of the organiser may not invoke organiser may not invoke package. The organiser may not unavoidable and extraordinary unavoidable and extraordinary invoke unavoidable and circumstances to limit the costs circumstances to limit the liability extraordinary circumstances to referred to in paragraph 5 if the costs referred to in paragraph 5 if limit the costs referred to in relevant transport provider may the relevant transport provider may paragraph 5 if the relevant not rely on such circumstances not rely on such circumstances transport provider may not rely under applicable Union under applicable Union legislation. on such circumstances under legislation. applicable Union legislation.

• 223. 

  7. If the alternative arrangements 7. If the alternative arrangements EP has accepted the Council’s result in a package of lower result in a package of lower quality text

  quality or cost, the traveller shall or cost, the traveller shall be entitled

  be entitled to a price reduction to a price reduction and, where Keep GA

  and, where appropriate, damages appropriate, damages in accordance in accordance with Article 12. with Article 12.

• 224. 

  AM 109 EP has dropped AM 109

  7a. Member States may maintain or introduce provisions which provide that the retailer is also liable for the performance of the package and therefore bound by the obligations arising from this

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Article and point (b) of Article 6(2), Articles 12, 15(1) and 16.

• 225. 

  AM 110 EP has dropped AM 110

  7b. Any right to compensation of the traveller under Regulation (EC) No 261/2004 is independent of any right to compensation of the traveller under this Directive. If the traveller is entitled to compensation under both Regulation (EC) No 261/2004 i and this Directive, the traveller shall be entitled to present claims under both legal acts, but may not cumulate rights under both legal acts in relation to the same facts if the rights protect the same interest or have the same objective.

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

225a Article 11 a (new)

Right to termination in case of lack of conformity

225b 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 Article 12. If the traveller terminates the contract and the package includes the carriage of passengers, the organiser shall, in addition, without undue delay repatriate the traveller/ensure the traveller’s return to the place of departure at no extra cost.

Moved from Art.12 (1a).

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

• 226. 

  Article 12 Article 12 Article 12 Article 12 Price reduction and Price reduction and Price reduction, and compensation Price reduction and

  compensation for damages compensation for damages for damages and right to compensation for damages and termination right to termination

• 227. 

  1. Member States shall ensure 1. Member States shall ensure that 1. Member States shall ensure that the traveller is entitled to an the traveller is entitled to an that the traveller is entitled to an

  appropriate price reduction for: appropriate price reduction for: appropriate price reduction for:

• 228. 

  (a) any period during which there (a) any period during which there (a) any period during which there was lack of conformity; or was lack of conformity, unless it is was lack of conformity, unless

  attributable to the traveller.; or the organiser proves that the lack of conformity is

  attributable to the traveller.

• 229. 

  (b) where the alternative (b) where the alternative EP has accepted the Council’s arrangements as referred to in arrangements as referred to in text

  paragraphs 3 and 4 of Article 11 paragraphs 3 and 4 of Article 11 result in a package of lower result in a package of lower quality quality or cost. or cost.

• 230. 

  1a. Where a lack of conformity Moved to new Art. 11a 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

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

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 undue delay repatriate the traveller at no extra cost.

• 231. 

  2. The traveller shall be entitled 2. The traveller shall be entitled to 2. The traveller shall be entitled to receive compensation from the receive compensation from the to receive appropriate

  organiser for any damage, organiser for any damage, including compensation from the organiser including non-material damage, non-material damage, which the for any damage, including nonwhich the traveller sustains as a traveller sustains as a result of any material damage, which the result of any lack of conformity. lack of conformity, including, traveller sustains as a result of where the lack of conformity is any lack of conformity, substantial, appropriate including non-material compensation for the loss of damage, such as, where the enjoyment of the trip or holiday. lack of conformity is substantial, appropriate compensation for the loss of enjoyment of the trip or holiday. Compensation shall be made without undue delay.

• 232. 

  3. The traveller shall not be 3. The traveller shall not be entitled EP has accepted the Council’s entitled to price reduction or to price reduction or compensation text

  compensation for damages if: for damages if:

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

Keep GA

• 233. 

  (a) the organiser proves that the (a) the organiser proves that the lack (a) the organiser proves that the lack of conformity is: of conformity is: lack of conformity is:

• 234. 

  (i) attributable to the traveller, (i) attributable to the traveller, (i) attributable to the traveller;

• 235. 

  (ii) attributable to a third party (ii) attributable to a third party (ii) attributable to a third party unconnected with the provision unconnected with the provision of unconnected with the provision

  of the services contracted for and the services contracted for and is of the services contracted for and

  is unforeseeable or unavoidable, unforeseeable or unavoidable, or is unforeseeable or unavoidable;

  or or

• 236. 

  (iii) due to unavoidable and (iii) due to unavoidable and (iii) due to unavoidable and extraordinary circumstances or extraordinary circumstances. or extraordinary circumstances.; or

• 237. 

  3a. The traveller shall inform the Moved to Art. 11 (1a) organiser without undue delay of

  any lack of conformity which he perceives during the performance of the travel service.

• 238. 

  (b) the traveller fails to inform (b) the traveller fails to inform the New Art 12 (3a) the organiser without undue organiser without undue delay of

  delay of any lack of conformity any lack of conformity which the 3a. In cases where the traveller which the traveller perceives on traveller perceives on the spot if that fails to inform the organiser the spot if that information information requirement was clearly without undue delay of a lack requirement was clearly and and explicitly stated in the contract of conformity which he

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

explicitly stated in the contract and is reasonable, taking into perceives during the and is reasonable, taking into account the circumstances of the performance of a travel service, account the circumstances of the case. and where such notice would case. have avoided or reduced the damage, this may be taken into account when determining the appropriate price reduction or compensation.

• 239. 

  AM 111 EP has accepted the Council’s text

  • 4. 

    Insofar as international 4. Insofar as international 4. Insofar as international conventions binding the Union conventions binding the Union conventions binding the Union limit Keep GA limit the extent of or the limit the extent of or the the extent of or the conditions under conditions under which conditions under which which compensation is to be paid by compensation is to be paid by a compensation is to be paid by a a provider carrying out a service provider carrying out a service provider carrying out a service which is part of a package, the same which is part of a package, the which is part of a package, the limitations shall apply to the same limitations shall apply to same limitations shall apply to organiser. Insofar as international the organiser. Insofar as the organiser. Insofar as conventions not binding the Union international conventions not international conventions not limit compensation to be paid by a binding the Union limit binding the Union limit service provider, Member States compensation to be paid by a compensation to be paid by a may limit compensation to be paid service provider, Member States service provider, Member States by the organiser accordingly. In may limit compensation to be may limit compensation to be other cases, the contract may limit paid by the organiser paid by the organiser compensation to be paid by the accordingly. In other cases, the accordingly. In other cases, the organiser as long as that limitation contract may limit compensation contract may limit compensation does not apply to personal injury to be paid by the organiser as to be paid by the organiser as and or damage caused intentionally long as that limitation does not long as that limitation does not or with gross negligence and does

    DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

apply to personal injury and apply to personal injury or not amount to less than three times damage caused intentionally or damage caused intentionally or the total price of the package. with gross negligence and does with gross negligence and does not amount to less than three not amount to less than three times the total price of the times the total price of the package. package.

• 240. 

  AM 112 EP has accepted the Council’s text

  • 5. 

    Any right to compensation or 5. Any right to compensation or 5. Any right to compensation or price reduction under this price reduction under this price reduction under this Directive Keep GA Directive shall not affect the Directive shall not affect the shall not affect the rights of rights of travellers under rights of travellers under travellers under Regulation (EC) No

  Regulation (EC) No 261/2004 i 28 , Regulation (EC) No 261/2004 i, 261/2004, Regulation (EC) No

  Regulation (EC) No Regulation (EC) No 1371/2007 i, 1371/2007, Regulation (EC) No

  1371/2007 29 , Regulation (EU) Regulation (EU) No 1177/2010 i 392/2009, Regulation (EU) No No 1177/2010 i 30 and Regulation and Regulation (EU) No 1177/2010 i, Regulation (EU) No (EU) No 181/2011 31 . Travellers 181/2011. Travellers shall be 181/2011 and under international

  shall be entitled to present claims entitled to present claims under conventions. Travellers shall be under this Directive and under this Directive and under those entitled to present claims under this those Regulations, but may not, Regulations, in particular claims Directive and under those legal acts in relation to the same facts, for additional compensation. Regulations, but may not, in relation cumulate rights under different Rights under different legal bases to the same facts, cumulate rights legal bases if the rights safeguard which relate to the same facts under different legal bases if the the same interest or have the rights safeguard the same interest.

28 OJ L 46, 17.2.2004, p.1

29 OJ L 315, 3.12.2007, p. 14

30 OJ L 334, 17.2.2010, p. 1

31 OJ L 55, 28.2.2011, p.1

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

same objective. may not be cumulated. 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.

• 241. 

  AM 113

  • 6. 

    The prescription period for 6. The prescription period for 6. The prescription period for 6. The prescription period for introducing claims under this introducing claims under this introducing claims under this introducing claims under this Article shall not be shorter than Article shall not be shorter than Article shall not be shorter than one Article shall not be shorter than one year. three years. year. two years.

• 242. 

  Article 13 Article 13 Article 13 Article 13 Possibility to contact the Possibility to contact the Possibility to contact the organiser Possibility to contact the

  organiser via the retailer organiser via the retailer via the retailer organiser via the retailer

• 243. 

  Member States shall ensure that Without prejudice to Article 11(2) Without prejudice to Article the traveller may address subparagraph 2, Member States 11(1) subparagraph 2, Member

  messages, complaints or claims shall ensure that the traveller may States shall ensure that the in relation to the performance of address messages or complaints or traveller may address messages, the package directly to the claims in relation to the requests or complaints or claims retailer through which it was performance of the package directly in relation to the performance of purchased. The retailer shall to the retailer through which it was the package directly to the forward those messages, purchased. The retailer shall retailer through which it was complaints or claims to the forward those messages, complaints purchased. The retailer shall organiser without undue delay. or claims to the organiser without forward those messages, For the purpose of compliance undue delay. For the purpose of requests or complaints or claims

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

with time-limits or prescription compliance with time-limits or to the organiser without undue periods, receipt of the prescription periods, receipt of the delay. For the purpose of notifications by the retailer shall notifications by the retailer shall be compliance with time-limits or be considered as receipt by the considered as receipt by the prescription periods, receipt of organiser. organiser. the notifications by the retailer shall be considered as receipt by the organiser.

• 244. 

  Article 14 Article 14 Article 14 Article 14 Obligation to provide assistance Obligation to provide assistance Obligation to provide assistance Obligation to provide assistance

• 245. 

  AM 114 EP has accepted the Council’s text

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

• 246. 

  (a) providing appropriate (a) providing appropriate (a) providing appropriate information on health services, information on health services, local information on health services,

  local authorities and consular authorities and consular assistance, local authorities and consular assistance, and and assistance, and

• 247. 

  AM 115 EP has accepted the Council’s text

  (b) assisting the traveller in (b) assisting the traveller to make (b) assisting the traveller in making distance communications distance communications and making to make distance Keep GA and alternative travel helping the traveller to source communications and helping the

DG G 3 A LIMITE EN

Nr Commission proposal EP first reading vote of Council General approach of Presidency compromise 12/3/2014 04/12/2014 proposal

arrangements. alternative travel arrangements. traveller to find alternative travel arrangements.

• 248. 

  AM 116 EP has accepted the Council’s text

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

• 249. 

  Chapter V Chapter V Chapter V Chapter V Insolvency protection Insolvency protection Insolvency protection Insolvency protection