Changes from report parliamentary committee draft to plenary report

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.

Change 9

ChangedDirective (EU) No 2015/2302

Change 10

RemovedArticle 1 – paragraph 1 – point 12 a (new), Article 24: (12a) Article 24 is replaced by the following: / 1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive. / 2. Each organiser and retailer shall set up a complaint-handling mechanism for the rights and obligations covered by this Directive. They shall make their contact details and working language, or languages, known to travellers and available to consumers at the same time of the documents to be supplied before the start of the package in accordance with Article 7(g). / 3. The organiser or retailer shall confirm the receipt with a copy of the exchanges, within 7 days of receiving the complaint. The organiser or the retailer shall give a reasoned reply to the traveller within 21 days. Organisers and retailers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure and shall make that data available to national enforcement bodies upon request. / 4. Details of the complaint-handling procedure shall be made available on the website of the organisers and retailers offering services covered by this Directive. / ‘

AddedArticle 1 – point 12 a (new), Article 23 – paragraph 1: (12a) Article 23(1) is replaced by the following : / 1. A declaration by an organiser of a package that he is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package does not constitute a package, shall not absolve that organiser from the obligations imposed on it under this Directive.

RemovedWe aim to strengthen the enforcement of the Directive as a means to make sure it is effective in protecting consumers.

AddedDirective (EU) 2015/2302

RemovedDirective (EU) No 2015/2302

AddedArticle 1 – pont 12 b (new), Article 24 – paragraph 1 a (new): (12b) in Article 24, the following paragraphs are added: / 1a. Without prejudice to Articles 7(2), 13, 15 and 16, each organiser and retailer shall set up a complaint-handling mechanism for the rights and obligations covered by this Directive. They shall make their contact details and working language, or languages, known to travellers and available to consumers at the same time of the documents to be supplied before the start of the package in accordance with Article 7(1), point (g).

RemovedArticle 1 – paragraph 1 – point 12 b (new), Article 25: (12b) Article 25 is replaced by the following: / ‘Article 25 / 1. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, and dissuasive and shall include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4% of the trader’s annual turnover in the Member State or Member States concerned. / 2. For cases where a fine is to be imposed in accordance with paragraph 1, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least 2 million EUR. / 3. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate: / (a) the nature, gravity, scale and duration of the infringement; / (b) any action taken by the trader to mitigate or remedy the damage suffered by consumers; / (c) any previous infringements by the trader; / (d) the financial benefits gained, or losses avoided by the trader due to the infringement, if the relevant data are available; / (e) penalties imposed on the trader for the same infringement in other Member S…

AddedDirective (EU) 2015/2302

RemovedTo ensure that all organisers comply with the rules in this Directive, we introduce penalties on infringement of the Directive.

AddedArticle 1 – point 12 b (new), Article 24 – paragraph 1 b (new): 1b. When a traveller submits a complaint using the mechanism referred to in paragraph 1a, the organiser or retailer shall confirm the receipt with a copy of the exchanges, within seven working days of submission of the complaint. The organiser or the retailer shall give a reasoned reply to the traveller within 30 working days. Organisers and retailers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure and shall make that data available to national enforcement bodies upon request.

Change 11

ChangedDirective (EU) No 2015/2302

Change 12

RemovedArticle 1 – paragraph 1 – point 12 c (new), Article 26 a (new): (12c) the following article is inserted: / ‘Article 26a / Alternative Dispute Resolution Mechanism / The participation of organisers, retailers, intermediaries and other actors falling within the scope of this Directive to alternative dispute resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system.’

AddedArticle 1 – point 12 b (new), Article 24 – paragraph 1 c (new): 1c. Details of the complaint-handling procedure shall be made available on the website of the organisers and retailers offering services covered by this Directive.

RemovedBy making Alternative Dispute Resolution mandatory, we support the extra-judiciary resolution of conflicts between consumers, travel organisers and/or other parties falling under this Directive.

AddedDirective (EU) 2015/2302

AddedArticle 1 – point 12 b (new), Article 24 – paragraph 1 d (new): 1d. The submission of complaints by travellers using the mechanism referred to in paragraph 1a shall be without prejudice to their rights to submit disputes for out-of-court resolution in accordance with Article 26a, or to seek redress through court proceedings, subject to periods of limitation in accordance with national law.

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 12 c (new), Article 25: (12c) Article 25 is replaced by the following: / ‘Article 25 / Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The maximum amount of the fines shall be at least 4% of the trader’s annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 12 d (new), Article 26 a (new): (12d) the following Article is inserted: / ‘Article 26a / Alternative dispute resolution mechanism / Organisers, retailers, intermediaries and other actors falling within the scope of this Directive may participate in alternative dispute resolution procedures.’

AddedDirective (EU) 2015/2302

AddedArticle 1 – paragraph 1 – point 14, Annex II: (14) Annex II is deleted.

AddedArticle 3: Member States shall adopt and publish, by [24 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. / They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from [6 months after the transposition deadline]. / Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

AddedDirective (EU) 2015/2302

AddedAnnex II, Annex II: deleted