Changes from report parliamentary committee draft to plenary report

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

Article 1 – paragraph 1 – point 9, Article 17 – paragraph 2: 2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the receipt of any payments and the completion of the packages, as well as the estimated cost for repatriations in the event of the organiser’s insolvency. The security shall be sufficient to cover costs for refunds and, where applicable, repatriations and vouchers, at all times. The coverage shall take into account periods where organisers hold the highest amounts of payments.

Change 6

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

AddedDirective (EU) 2015/2302

RemovedDirective (EU) No 2015/2302

AddedArticle 1 – paragraph 1 – point 9, Article 17 – paragraph 3: 3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory and monitor the market for the provision of insolvency protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

RemovedArticle 1 – paragraph 1 – point 9, Article 17 – paragraph 3: 3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

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.

Change 7

ChangedDirective (EU) No 2015/2302

Change 8

RemovedArticle 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 three months after the traveller has submitted the documents necessary to examine the request. Proof of a concluded contract or a confirmation of booking and a proof of the payment made to the organiser, or where applicable retailer, shall be considered sufficient for the traveller to request a refund.

AddedArticle 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. Each Member State shall create an inventory listing all traders that sell packages in their territory and the respective identity of the entity in charge of the insolvency protection. Those inventories shall be public and accessible and shall facilitate the cooperation between contact points designated by the Member States. The Commission shall centralise and maintain up-to-date information related to insolvency protection, including a list of all the inventories and make it publicly available on its website.

RemovedWe aim to clarify what is sufficient proof for the consumer to request a refund.

AddedDirective (EU) 2015/2302

RemovedDirective (EU) No 2015/2302

AddedArticle 1 – paragraph 1 – point 11, Chapter VI: (11) Chapter VI is deleted. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

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.