Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸12 unchanged paragraphs

on the proposal for a directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive

(COM(2023)0905 – C90436/2023 – 2023/0435(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0905),

– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9 0436/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Czech Senate and the Spanish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to the opinion of the European Economic and Social Committee of 24 April 2024,

– having regard to the Judgment of the Court of Justice of 29 July 2024,

– having regard to Rule 60 of its Rules of Procedure,

– having regard to the opinion of the Committee on Transport and Tourism,

Changed– having regard to the report of the Committee on the Internal Market and Consumer Protection (A100000/2025),(A10-0140/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

RemovedRecital 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 of holiday where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 72 hours after the conclusion of the first contract should be considered as packages.

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

RemovedRecital 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, and to respect 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.

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

RemovedDirective (EU) No 2015/2302

AddedRecital 5: (5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements have created more complexity and legal uncertainty, and are rarely used in practice.Therefore, the definition of a 'package' should be clarified and simplified, and the provisions on linked travel arrangements should be deleted from Directive (EU) 2015/2302. Such clarification and simplification of the definition and concept of‘package’ and the deletion of references to the concept of ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced. With the deletion of the concept of “linked travel arrangements”, Annex II should subsequently be deleted.

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.