14 Amendments of Bernadette VERGNAUD related to 2013/0246(COD)
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
Member States may require not only traders, as defined in Article 3(7), but also any not-for-profit organisation that plans and/or sells packages, including on an occasional basis, to meet the obligations laid down in this Directive, with the exception of Article 17.
Amendment 198 #
Proposal for a directive
Article 3 – point 6
Article 3 – point 6
(6) ‘travellconsumer’ means any person who is seeking to conclude or is entitled to travel on the basis of a contract concluded within the scope of this Directive, including business travellers insofar as they do not travelfor professional (‘business travel’) purposes, provided that the journey is not made on the basis of a framework contract with a trader specialising in the arrangement of business travel;
Amendment 199 #
Proposal for a directive
Article 3 – point 6 a (new)
Article 3 – point 6 a (new)
(6a) ‘traveller’ means any person who is entitled to travel on the basis of a contract concluded within the scope of this Directive, including for professional purposes, whether or not he/she is the consumer who concluded the contract;
Amendment 289 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
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 defined in point (a) of Article 4 or special requirements as referred to in point (a) of Article 6(2), the organiser shall without undue delay inform the traveller in a clear and prominent manner on a durable medium and, provided that the consumer has supplied his/her contact details, by any other means of communication of:
Amendment 294 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) the fact that the traveller may terminate the contract without penaltyconsumer must explicitly accept the proposed change within a specified reasonable time-limit and that otherwise the proposed alteration will be considered as accepcontract will be terminated.
Amendment 315 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser isand/or the retailer party to the contract is/are responsible for the performance of the travel services included in the contract, irrespective of whether those services are to be performed by the organiser or by other service providerand/or the retailer party to the contract or by other service providers and without prejudice to the right of the organiser and/or retailer to pursue those other suppliers of services.
Amendment 333 #
Proposal for a directive
Article 11 – paragraph 5
Article 11 – paragraph 5
5. As long as it is impossible to ensure the traveller'’s timely return because of unavoidable and extraordinary circumstances, the organiser shall not beacover the cost for the continued stay exceeding EUR 100 per night and three nights per travellerfor no longer than the period required for the traveller’s return to his/her place of departure, provided that such cost is reasonable and having regard in particular to the available accommodation, the category of services and accommodation initially provided for in the contract and any injury sustained by the traveller in respect of which the organiser is responsible under Article 11(1).
Amendment 342 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The limitIn the evaluation of the costs referred to in paragraph 5 shall not apply toaccount must be taken of the needs of persons with reduced mobility, as defined in Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28, and any person accompanying them, pregnant women and unaccompanied children, as well as persons in need of specific medical assistance, provided the organiser has been notified of their particular needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable Union legislation. __________________ 28 OJ L 204, 26.07.06, p. 1 OJ L 204, 26.7.2006, p. 1.
Amendment 348 #
Proposal for a directive
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) any period during which there was lack of conformity contract was not performed or was improperly performed; or
Amendment 352 #
Proposal for a directive
Article 12 – paragraph 3 – introductory part
Article 12 – paragraph 3 – introductory part
3. The traveller shall not be entitled to price reduction or compensation for damages ifWith regard to entitlement to compensation for damage resulting for the consumer from the failure to perform or the improper performance of the contract, Member States shall take the necessary steps to ensure that the organiser and/or retailer is/are liable unless such failure to perform or improper performance is attributable neither to any fault of theirs nor to that of another supplier of services, because:
Amendment 361 #
Proposal for a directive
Article 12 – paragraph 3 – point a – point iii
Article 12 – paragraph 3 – point a – point iii
(iii) due to unavoidable and extraordinary circumstancesa case of force majeure, i.e. unusual and unforeseeable circumstances beyond the control of the party by whom it is pleaded, the consequences of which could not have been avoided even if all due care had been exercised, or to an event which the organiser and/or retailer or the supplier of services, even with all due care, could not foresee or forestall or
Amendment 366 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the traveller fails to inform the organiser without undue delay of any lack of conformityexcept in cases of compensation for bodily injury or death, the traveller fails to inform the organiser and/or the retailer, at the earliest possible opportunity, of any lack of performance or improper performance of the services which the traveller perceives on the spot if that information requirement was clearly and explicitly stated in the contract and is reasonable, taking into account the circumstances of the case.
Amendment 370 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. IWith regard to damage, other than bodily injury or death, resulting from the failure to perform or the improper performance of the contract, insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. IExcept in cases of bodily injury or death, insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other casesWith regard to damage, othe contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the packager than bodily injury or death, resulting from the failure to perform or the improper performance of the contract, Member States may permit a contractual limitation of the compensation, provided it is not unreasonable. Without prejudice to such a limitation, the contract may not provide for the non-application of the provisions of paragraphs 1, 2, 3 or 4.
Amendment 415 #
Proposal for a directive
Article 17 – paragraph 1 – point b a (new)
Article 17 – paragraph 1 – point b a (new)
(ba) that the consumer will, however, benefit from the rights granted by Directive 2011/83/EU except where this Directive provides otherwise.