Changes from report parliamentary committee draft to plenary report

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

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

RemovedWe should be clear about the objective to simplify certain aspects of the law related to Package Travel.

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

RemovedDirective (EU) No 2015/2302

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

RemovedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – point 2 – paragraph b – subpoint i – indent 2: – other types of travel services are booked within the same booking process, or

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

RemovedDifferent stakeholders have indicated that it will be technically and operationally difficult to keep track of the 3 hours limit when the initiative comes from the consumer to return and book additional travel services. We maintain that travel services booked within the same booking process will constitute a package, but without the specific time limit.

AddedRecital 9: deleted

RemovedDirective (EU) No 2015/2302

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

RemovedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – point 2 – paragraph b – subpoint i – indent 3: – other types of travel services are booked within 72 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller, for example by means of retargeting through its digital channels, to subsequently book one or more additional types of travel services, or

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

RemovedWhen the trader takes the initiative to retarget the consumer to buy additional travel services they can keep track of the time limit and we propose a 3 day time limit for the constitution of a package. Instead of the 3 hour limit for booking additional travel services on the initiative of the consumer we add to this paragraph that travel services bought within the same booking process will constitute a package.

AddedRecital 13: deleted

RemovedDirective (EU) No 2015/2302

AddedRecital 14: deleted

RemovedArticle 1 – paragraph 1 – point 5, Article 5a: Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to cover for advance payments and to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking. / Member States may decide to require retailers, that an amount or percentage of the down payment, or financial guarantees to be paid or provided by the traveller, shall put in a trusted account to hold and secure consumers pre-payments until the start of the package. The amount or percentage requested cannot be higher than 25% of the total price of the package and will exclude the advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the pac…

AddedRecital 16: (16) In certain situations voluntary vouchers to travellers can be a useful alternative to refunds. Vouchers can give more flexibility to organisers in particular if they are confronted with the obligation to make many refunds within a short period of time. At the same time, vouchers can be acceptable for travellers who do not need an instant refund, as long as there are specific legal guarantees. Therefore, clear rules on vouchers should be laid down which provide such guarantees. Those guarantees should include transparency on the voluntary nature and on the key characteristics of vouchers, as well as on travellers’ rights in relation to vouchers, for example, the fact that they are protected against the organiser’s insolvency and that travellers are entitled to an automatic refund where a voucher is not redeemed during its period of validity. It should be possible for the voucher to be used for any services proposed by the organiser. Organisers should be able to make vouchers more attractive, for example, by increasing their value as compared to the traveller’s refund right. In such cases, insolvency protection should be limited to the amount of the traveller's refund rights.

RemovedA limit of 25% for down payments of travel packages protects the consumer against insolvency or other risks, but we want to clarify that the organisers of package travel need to be able to request the costs they need to cover, for example on advance payments to service providers and transport companies. In addition, we insert the possibility for Member States to introduce a system of a trusted account to hold and secure consumers pre-payments until the beginning of the performance of the package travel contract.

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

RemovedDirective (EU) No 2015/2302

AddedRecital 18: (18) It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly and objectively affected by unavoidable and extraordinary circumstances, which requires a case-by-case assessment. The assessment as to whether unavoidable and extraordinary circumstances will have significant and objective effects on the performance of the package should be based on a prediction, at the moment of the termination of the contract, of the likelihood that the unavoidable and extraordinary circumstances will have significant and objective effects on the performance of the package. Where a traveller terminates the contract, such an assessment should be made from the perspective of an average traveller who is reasonably well-informed and reasonably observant and circumspect, based on information available at the date of termination of the package travel contract in question. The effects of unavoidable and extraordinary circumstances occurring at the place of departure, destination, including its immediate vicinity, or affecting the journey to or from the destination, including the various places connected with the start and return of the trip in question, should be taken into account where they affect the performance of travel services included in the relevant package travel contract. Circumstances affecting only the journey to the destination or the return journey should not be taken into account if that journey is …

RemovedArticle 1 – paragraph 1 – point 6 – point b, Article 7 – paragraph 2 a: 2a. The relevant information form set out in Annex I shall be attached to the contract or made available electronically at the time of concluding the contract. The contract shall contain a clear reference to that information form.

AddedRecital 19: (19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing whether the termination of a contract is justified. Furthermore, the absence of official travel warnings should not prevent the existence of those circumstances and their effects on the performance of the package from being established. Unavoidable and extraordinary circumstances can cover not only circumstances which affect the performance of a package but also circumstances which, without preventing such performance, mean that the package cannot be performed without exposing the travellers concerned to risks to their health and safety. The relevance of such circumstances and their effects should be assessed objectively, while taking into account, where appropriate, the degree to which the travellers concerned are exposed to risk. The fact that, due to unavoidable and extraordinary circumstances, travellers will be subject to serious restrictions at the travel destination or at their place of departure, including quarantine requirements for a significant period, should also be assessed when considering whether a termi…

RemovedThe information set out in Annex I can be sent to the traveller electronically via email or a link to the website of the organiser.

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

RemovedDirective (EU) No 2015/2302

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

RemovedWe aim to strengthen the requirement to provide the traveller with immediate information on the changes to the performance of the package travel contract.

AddedRecital 22: (22) In order to ensure effectiveness of insolvency protection for travellers at all times, it should be provided that the security is sufficient to cover costs for refunds and repatriations in cases where an insolvency occurs at a time when an organiser holds the highest amounts of payments. Any increases of those amounts due to a higher anticipated volume of packages sold in a given period should be taken into account. It should be clarified that Member States should supervise the insolvency protection of organisers and monitor the market for the provision of insolvency protection. It should be clarified that such measures can be co-financed by the Member States only in exceptional circumstances and reiterated that those provisions are without prejudice to the Union provisions on State aid insofar as such measures involve State aid.

RemovedDirective (EU) No 2015/2302

AddedRecital 25: (25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders. To ensure that travellers are properly informed about their rights, organisers should provide assistance accessible to travellers, especially vulnerable travellers, through a one-stop shop. Digital communication channels should be recognised as a key tool for providing up-to-date and personalised information about passenger rights at all times. This information should be provided automatically and proactively by organisers, particularly in the case of an event likely to have an impact on the package, in order to facilit…

RemovedArticle 1 – paragraph 1 – point 7 – point a, Article 12 – paragraph 2: 2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at departure or affecting the journey of the traveller to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

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

RemovedWe want to specify that the travel package organiser cannot be held accountable for any unavoidable and extraordinary circumstances occurring at the place of the traveller’s residence, but that these circumstances should be linked to the departure or affecting the complete journey of the traveller, often starting from his or her residence.

AddedDirective (EU) 2015/2302

RemovedDirective (EU) No 2015/2302

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

RemovedArticle 1 – paragraph 1 – point 7 – point b, Article 12 – paragraph 3 a: 3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, for example related to obligatory quarantine requirements against the spread of contagious diseases, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. / Where the traveller provides the organiser with an official travel warning as referred to in the first subparagraph of this paragraph within 28 days before the start of the package travel contract, the traveller shall have the right to terminate the package travel contract and be entitled to a full refund of any payments made for the package.

AddedDirective (EU) 2015/2302

RemovedWe aim to clarify that the restrictions are connected to the obligatory quarantine requirements against the spread of contagious diseases and that an official travel warning gives the traveller the right to terminate the package travel contract and receive a refund.

AddedArticle 1 – paragraph 1 – point 2, Article 2 – paragraph 1 – subparagraph 1: This Directive applies to packages offered for sale or sold by traders to travellers.

RemovedArticle 1 – paragraph 1 – point 8, Article 12 a – paragraph 7: 7. Vouchers shall be transferable to another traveller only once without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher and provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. If the traveller chooses to transfer the voucher more than once, the organiser shall be entitled to charge a reasonable fee corresponding to the administrative cost.

AddedDirective (EU) 2015/2302

RemovedIn order to prevent potential fraud and keep the administrative burden of the use of vouchers reasonable for organisers, we limit the transfer of vouchers without additional costs. From the second transfer, organisers can charge a reasonable fee corresponding to the administrative costs.

AddedArticle 1 – paragraph 2 – point 2 c (new), Article 2 – paragraph 2 – point c: (2c) in Article 2(2), point (c) is replaced by the following: / ‘(c) packages purchased for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.’

AddedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – paragraph 1 – point 2 – point b – point iii: (iii) advertised or sold under the term ‘package’ or under a similar term, or

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – paragraph 1 – point 2 – point b – point iv: (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – paragraph 1 – point 2 – point b – point v: (v) purchased from separate traders through linked online booking processes where the traveller's personal data through which the traveller can be identified as a contracting party, are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract or contracts is or are concluded at the latest 24 hours after the confirmation of the booking of the first travel service with the latter trader or traders,

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point a, Article 3 – paragraph 1 – point 2 – point b – point v a (new): (va) or any other situation where the parties agree to consider the booked travel services as a package.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point b, Article 3 – paragraph 1 – point 5: (b) point 5 is deleted / (deleted)

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point b a (new), Article 3 – paragraph 1 – point 7: (ba) point 7 is replaced by the following: / ‘(7) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covered by this Directive, whether acting in the capacity of organiser, retailer, or as a travel service provider;

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 3 – point b b (new), Article 3 – paragraph 1 – point 12: (bb) point 12 is replaced by the following: / (12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, including inter alia war or conflict, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract;

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 4 – point -a (new), Article 5 – paragraph 1 – subparagraph 1 – point a – subpoint viii: (-a) in point (a), subpoint (viii) is replaced by the following: / ‘(viii) whether the trip or holiday is generally suitable for persons with a disability and reduced mobility and, upon the traveller's request, precise information on the accessibility and suitability of the trip or holiday taking into account the traveller's needs;’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 4 – point –a a (new), Article 5 – paragraph 1 – subparagraph 1 – point b: (-aa) point (b) is replaced by the following: / ‘(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their free of charge telephone number and functional e-mail address;’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 4 – point a, Article 5 – paragraph 1 – subparagraph 1 – point d: ‘(d) the arrangements for payment, including via points or other currency reward systemsand any amount or percentage of the price which is to be paid as a down payment and the timing for payment of the balance, or financial guarantees to be paid or provided by the traveller;’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 4 – point a a (new), Article 5 – paragraph 1 – subparagraph 1 – point f: (aa) point (f) is replaced by the following: / ‘(f) exhaustive general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination and transit, as well as changes occurring between the conclusion of the contract and its execution;’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 4 – point b a (new), Article 5 – paragraph 1 – subparagraph 1 – point h a (new): (ba) the following point is added: / ‘(ha) information that the traveller is buying a package and an explanation of the protection given to travellers after the conclusion of the contract, as provided for in this Directive.’

AddedDirective (EU) 2015/2302

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

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 5, Article 5a: Member States may, in accordance with national provisions, introduce limitations on pre-payments.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 6 – point -a (new), Article 7 – paragraph 1: (-a) paragraph 1 is replaced by the following: / ‘1. Member States shall ensure that package travel contracts are in accessible formats in accordance with the accessibility requirements set out in Annex I to Directive (EU) 2019/882, in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 6 – point b, Article 7 – paragraph 2a: 2a. The relevant information form set out in Annex I shall be attached to the contract or made available electronically at the time of its conclu sion. The contract shall contain a clear reference to that information form.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 6 a (new) -, Article 11 – paragraph 2 – introductory part: (6a) in Article 11, the introductory part of paragraph 2 is replaced by the following: / 2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as referred to in point (a) of the first subparagraph of Article 5(1) or cannot fulfil the special requirements as referred to in point (a) of Article 7(2), or proposes to increase the price of the package by more than 8 % in accordance with Article 10(2), it shall inform immediately the traveller who may within a reasonable period specified by the organiser:

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point -a (new), Article 12 – paragraph 1: (-a) paragraph 1 is replaced by the following: / ‘1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay a standardised termination fee laid down in the contract.’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point -a a (new), Article 12 – paragraph 1 – subparagraph 1a (new): (-aa) in paragraph 1, the following subparagraph is added: / ‘The organiser shall clearly state either the specific amount of the standardised termination fee or the calculation method in the pre-contractual information provided to the traveller. The standardised termination fee shall be appropriate and justifiable, taking into account for example the timing of the termination before the start of the package, the expected cost savings, and the potential income from the alternative deployment of travel services.’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point a, Article 12 – paragraph 2: 2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be reasonably expected that the package travel contract will be significantly and objectively affected by unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, departure or affecting the traveller’s journey to or from the destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point a a (new), Article 12 – paragraph 3 – introductory part: (aa) in paragraph 3, the introductory part is replaced by the following: / ‘3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, or, in a non-binding manner, offer substantially the same package through alternative carriers and transport modes, or an alternative travel service to replace the original package, or components of that package. / However, the organiser shall not be liable for additional compensation, if:’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point b, Article 12 – paragraph 3a: 3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. This applies in particular where an official warning has been issued at most 28 days before the scheduled start of the package but is without prejudice to a case-by-case assessment. Where the traveller has been duly informed about an official warning and travel restrictions by the organiser, and nonetheless proceeded with a booking, the traveller shall assume the financial risk in the event that he or she terminates the package travel contract.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 7 – point c, Article 12 – paragraph 4 – subparagraph 1: The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund. Where the traveller's payment details are no longer valid, the traveller shall provide the organiser with the correct payment details. The organiser shall make a refund or reimbursement no later than 14 days after the traveller has submitted the new payment details.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 1: 1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund. The organiser may offer a voucher of a higher value than the traveller's refund right.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 1 a (new): 1a. The traveller’s consent shall not be assumed. Before issuing a voucher, the organiser shall always seek the express consent of the traveller.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 2 – point a a (new): (aa) the value of the voucher;

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 2 – point a b (new): (ab) the fact that the voucher can be used in full or in part and that it can be used for any travel service proposed by the organiser;

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 2 – point a c (new): (ac) the fact that the voucher can be transferred once and without any fee;

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 2 – point b: (b) the validity period of the voucher and the rights of travellers in relation to vouchers as laid down in this Article and the fact that these will not change during the validity period of the voucher,

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 2 a (new): 2a. The information referred to in paragraph 2 shall be shared proactively, automatically, and in a personalised manner to travellers through digital communication channels by the organiser.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 3: 3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher of a higher total value.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 3 a (new): 3a. For travellers who opt for a voucher, the organiser shall offer an alternative that, at a minimum, meets their convenience in choosing travel services. Furthermore, these travellers shall be given priority in their choice of travel services.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 4: 4. Travellers shall lose their right to a refund during the validity period of the voucher after accepting the voucher on a durable medium. The parties may at any time agree on a full or partial refund before a voucher is redeemed or expires.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 5: 5. Vouchers shall have a validity period of a maximum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties. Travellers shall have the right to request a refund after the end of the validity period.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 6: 6. It shall be possible for vouchers to be used for all travel services proposed by the organiser. Travellers may use vouchers for one or more services offered by organisers and in parts on different occasions. If the voucher is not redeemed within its validity period, the organiser shall refund the amount corresponding to the traveller’s refund rights as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller. If the voucher is partially redeemed, the organiser shall refund the remaining amount of the voucher as soon as possible and at the latest within 14 days after the partial redemption of the voucher, without the need of any prior request by the traveller.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 8, Article 12a – paragraph 7: 7. Vouchers shall be transferable to another traveller only once without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher, and shall provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. In order to improve traceability, the voucher shall be marked as transferred.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 9, Article 17 – paragraph 1 – subparagraph 1: Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of organisers’ insolvency. This shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency or where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the traveller’s refund rights. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repatriation. Continuation of the package may be offered.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 9, Article 17 – paragraph 1 a (new): 1a. Member States shall ensure that, where an organiser becomes insolvent, travellers are informed without undue delay and through appropriate communication channels at least about the following: / (a) the fact of the organiser’s insolvency ; / (b) the name and contact details of the entity providing insolvency protection and / (c) their rights in relation to packages that have already started or that can still be performed.

AddedDirective (EU) 2015/2302

RemovedWe aim to strike the right balance between solid consumer protection against insolvency and over insurance with the accompanying costs for organisers.

AddedArticle 1 – paragraph 1 – point 9, Article 17 – paragraph 6: 6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within six months after the traveller has submitted the documents necessary to examine the request. When requesting a refund, travellers shall provide the package travel contract as well as proof of payment made to the organiser or, where applicable, retailers. Such documentation shall be sufficient for the traveller to request a refund.

RemovedArticle 1 – paragraph 1 – point 10, Article 18 – paragraph 2: 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. The Commission shall centralise the information related to insolvency protection schemes, central contact points, and make this information publicly available on its website.

AddedDirective (EU) 2015/2302

RemovedThe information on insolvency protection and the central contact points should be available on the website of the European Commission.

AddedArticle 1 – point 11 a (new), Article 21 – paragraph 1: (11a) in Article 21, the first paragraph is replaced by the following : / Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to him and, where the trader has agreed to arrange the booking of a package, for the errors made during the booking process.