47 Amendments of Christine DE VEYRAC related to 2013/0246(COD)
Amendment 80 #
Proposal for a directive
Recital 8
Recital 8
(8) Since travel services may be combined in many different ways, it is appropriate to consider as packages all combinations of travel services that display features which travellers typically associate with packages, notably that separate travel services are bundled together into a single travel product for which the organiser assumes responsibility for proper performance. In accordance with the case law of the Court of Justice of the European Union16, it should make no difference whether travel services are combined before any contact with the traveller or at the request of or according to the selection made by the traveller. The same principles should apply irrespective of whether the booking is made through a high street travel agent or online. __________________ 16 See Judgment in Case C-400/00 Club Tour, Viagens e Turismo SA v. Alberto Carlos Lobo Gonçalves Garrido and Club Med Viagens Ld, ECR 2002, I-04051.
Amendment 81 #
Proposal for a directive
Recital 13
Recital 13
(13) Particular rules should be laid down for both high street and on-line retailers which assist travellers, on the occasion of a single visit or contact with their own point of sale, in concluding separate contracts with individual service providers and for online retailers which, through linked online booking processes, facilitate the procurement of additional travel services from another trader in a targeted manner, at the latest when the booking of the first service is confirmed. These rules would apply for example, where, along with the confirmation of the booking of a first travel service such as a flight or a train journey, a consumer receives an invitation to book an additional travel service available at the chosen travel destination, for instance hotel accommodation, with a link to the booking site of another service provider or intermediary. While those arrangements do not constitute packages within the meaning of this Directive as there can be no confusion that a single organistrader has assumed the responsibility for the travel services, such assisted arrangements constitute an alternative business model that often competes closely with packages.
Amendment 86 #
Proposal for a directive
Recital 17
Recital 17
(17) Other touristLeisure services, such as admission to concerts, sport events, excursions or event parks are services that, in combination with either carriage of passengers, accommodation and/or car rental, should be considered as capable of constituting a package or an assisted travel arrangement. However, such packages should only fall within the scope of this Directive if the relevant touristleisure service accounts for a significant proportion of the package. Generally, the touristleisure service should be considered as a significant proportion of the package if it is specifically stated that it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday for the trader and the traveller. Ancillary services, such as, in particular, travel insurance, transport of luggagebetween the station and the place of accommodation, transport to the place of departure for the travel and as part of excursions, transport of luggage, sale of ski passes, bicycle rental, meals and cleaning provided as part of accommodation, should not be considered as touristleisure services in their own right.
Amendment 91 #
Proposal for a directive
Recital 23
Recital 23
(23) Key information, for example on the main characteristics of the travel services or the prices, provided in advertisements, on the organiser's and/or retailer’s website or in brochures as part of the pre- contractual information, should be binding, unless the organisertrader concerned reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded. However, in light of new communication technologies, there is no longer any need to lay down specific rules on brochures, while it is appropriate to ensure that, in certain circumstances, changes impacting the contract performance are communicated between the parties on a durable medium accessible for future reference. It should always be possible to make changes to that information where both parties to the contract expressly agree on that.
Amendment 93 #
Proposal for a directive
Recital 27
Recital 27
(27) In specific situations, also the organiser and/or retailer should also be entitled to terminate the contract before the start of the package without paying compensation, for instance if the minimum number of participants is not reached and where this possibility has been reserved in the contract.
Amendment 94 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure consistency, it is appropriate to align the provisions of this Directive with international conventions covering travel services and with the Union legislation on passenger rights. Where the organiser and/or retailer is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser and/or retailer should be able to invoke the limitations of the liability of service providers set out in such international conventions as the Montreal Convention of 1999 for the Unification of certain Rules for International Carriage by Air18, the Convention of 1980 concerning International Carriage by Rail (COTIF)19 and the Athens Convention of 1974 on the Carriage of Passengers and their Luggage by Sea20. Where it is impossible, because of unavoidable and extraordinary circumstances, to ensure the traveller's return to the place of departure, the organiser's obligation to bear the cost of the travellers' continued stay at the place of destination should be aligned with the Commission's proposal21 aimed to amend Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights22. __________________ 18 2001/539/EC: Council Decision of 5 April 2001 on the conclusion by the European Community of the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) (OJ L 194, 18.07.2001, P. 38). 19 2013/103/EU: Council Decision of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) (OJ L 51, 23.2.2013, p. 1). 20 2012/22/EU: Council Decision of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1). 21 Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air - COM/2013/130 final. 22 OJ L 46, 17.2.2004, p. 1 OJ L 46, 17.2.2004, p. 1
Amendment 95 #
Proposal for a directive
Recital 31
Recital 31
(31) This Directive should not affect the rights of travellers to present claims both under this Directive and under any other relevant Union legislation, so that travellers will continue to have the possibility to address claims to the organiser and/or retailer, the carrier or any other liable party, or, as the case may be, to several parties. It should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective. The organiser'’s and/or retailer’s liability is without prejudice to the right to seek redress from third parties, including service providers.
Amendment 97 #
Proposal for a directive
Recital 37
Recital 37
(37) It is appropriate to protect travellers in situations where a retailer arranges the booking ofn organiser and/or retailer books a package or an assisted travel arrangement and where the retailer makes mistakes in the booking process.
Amendment 98 #
Proposal for a directive
Recital 38
Recital 38
(38) It is also appropriate to confirm that consumtravellers may not waive rights stemming from this Directive and organisers and/or retailers, or traders facilitating assisted travel arrangements, may not escape from their obligations by claiming that they are simply acting as a service provider, an intermediary or in any other capacity.
Amendment 138 #
Proposal for a directive
Article 3 – point 12 a (new)
Article 3 – point 12 a (new)
(12 a) ‘contract’ means the agreement linking the consumer with the organiser and/or retailer.
Amendment 139 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the/or retailer shall provide the traveller with the following information where applicable to the package:
Amendment 151 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser and/or retailer may not change the information made known to the traveller pursuant to points (a), (c), (d), (e) and (g) of Article 4, unless the organiser and/or retailer reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract.
Amendment 154 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. At or immediately after the conclusion of the contract, the organiser and/or retailer shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium.
Amendment 156 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) special requirements of the traveller which the organiser and/or retailer has accepted;
Amendment 157 #
Proposal for a directive
Article 6 – paragraph 2 – point b – introductory part
Article 6 – paragraph 2 – point b – introductory part
(b) information that the organiser and/or retailer is:
Amendment 161 #
Proposal for a directive
Article 6 – paragraph 2 – point d
Article 6 – paragraph 2 – point d
(d) the name, geographical address, telephone number and e-mail address of the organiser'’s and/or the retailer’s local representative or contact point whose assistance a traveller in difficulty could request or, where no such representative or contact point exists, an emergency telephone number or the indication of other ways of contacting the organiser and/or the retailer;
Amendment 165 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. In good time before the start of the package, the organiser and/or the retailer shall provide the traveller with the necessary receipts, vouchers or tickets, including information on the precise times of departure, intermediate stops, transport connections and arrival.
Amendment 166 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that a traveller may, after giving the organiser and/or the retailer reasonable notice on a durable medium before the start of the package, transfer the contract to a person who satisfies all the conditions applicable to that contract.
Amendment 167 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The transferor of the contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. Those costs shall not be unreasonable and in any case shall not exceed the actual cost borne by the organiser and/or the retailer.
Amendment 171 #
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that prices are not subject to revision, unless the contract expressly reserves the possibility of an increase and obliges the organiser and/or the retailer to reduce prices to the same extent as a direct consequence of changes:
Amendment 174 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The price increase referred to in paragraph 1 shall be valid only if the organiser and/or the retailer notifies the traveller of it with a justification and calculation on a durable medium at the latest 230 days prior to the start of the package.
Amendment 176 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. Member States shall ensure that, before the start of the package, the organiser and/or the retailer may not unilaterally change contract terms other than the price, unless:
Amendment 177 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the organiser and/or the retailer has reserved that right in the contract,
Amendment 178 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the organiser and/or the retailer informs the traveller in a clear and prominent manner on a durable medium.
Amendment 179 #
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 and/or the retailer 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 of:
Amendment 187 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser and/or the retailer. The contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser and/or the retailer.
Amendment 189 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. The organiser and/or the retailer may terminate the contract without paying compensation to the traveller, if:
Amendment 193 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser and/or the retailer notifies the traveller of the termination within the period fixed in the contract and not later than 20 days before the start of the package; or
Amendment 195 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) the organiser and/or the retailer is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination without undue delay before the start of the package.
Amendment 197 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
4. In cases of termination under paragraphs 1, 2 and 3, the organiser and/or the retailer shall reimburse any undue payment made by the traveller within fourteen days.
Amendment 199 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is responsiand/or the retailer are liable for the performance of the travel services included in the contract, irrespective of whether those services are to be performed by the organiserm or by other service providers.
Amendment 201 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If any of the services are not performed in accordance with the contract, the organiser and/or the retailer shall remedy the lack of conformity, unless this is disproportionate.
Amendment 204 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a significant proportion of the services cannot be provided as agreed in the contract, the organiser and/or retailer shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, including where the traveller's return to the place of departure is not provided as agreed.
Amendment 205 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. If it is impossible for the organiser and/or retailer to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract, the organiser and/or retailer shall, insofar as the package includes the carriage of passengers, provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall, where appropriate, compensate the traveller in accordance with Article 12.
Amendment 211 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The traveller shall be entitled to receive compensation from the organiser and/or retailer for any damage, including non- material damage, which the traveller sustains as a result of any lack of conformity.
Amendment 212 #
Proposal for a directive
Article 12 – paragraph 3 – point a – introductory part
Article 12 – paragraph 3 – point a – introductory part
(a) the organiser and/or retailer proves that the lack of conformity is:
Amendment 214 #
Proposal for a directive
Article 12 – paragraph 3 – point b
Article 12 – paragraph 3 – point b
(b) the traveller fails to inform the organiser and/or retailer without undue delay of any lack of conformity 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 216 #
Proposal for a directive
Article 12 – paragraph 4
Article 12 – paragraph 4
4. 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. and/or retailer.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 cases, the 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 packagend/or retailer accordingly.
Amendment 219 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall ensure that the organiser and/or retailer gives prompt assistance to the traveller in difficulty, in particular by:
Amendment 223 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
The organiser and/or retailer shall be able to charge a reasonable fee for such assistance if the situation is caused by the traveller's negligence or intent.
Amendment 226 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retaile, retailers and other operators facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and, insofar as carriage of passengers is included, for the travellers' effective and prompt repatriation in the event of insolvency.
Amendment 236 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers and retaileperators facilitating the procurement of assisted travel arrangements operating in « different Member States. They shall notify the contact details of these contact points to all other Member States and the Commission.
Amendment 241 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. If a Member State has doubts about the insolvency protection of an organiser or of a retaileperator facilitating the procurement of assisted travel arrangements which is established in a different Member State and is operating on its territory, it shall seek clarification from the Member State of establishment. « Member States shall respond to requests from other Member States at the latest within 15 working days of receiving them..
Amendment 244 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) that the traveller will not benefit from any of the rights granted by this Directive exclusively to package travellers, but will benefit from the right to a refund of pre- payments and, insofar as carriage of passengers is included, to repatriation in case the retaileoperator itself or any of the service providers becomes insolvent.
Amendment 249 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that a retaileny operator who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances.
Amendment 252 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
In cases where an organiser or, in accordance with Articles 15 or 18, a retaileperator pays compensation, grants price reduction or meets the other obligations incumbent on it under this Directive, no provision of this Directive or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations.
Amendment 253 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. A declaration by an organiseperator that he is acting exclusively as a provider of a travel service, as an intermediary or in any other capacity, or that a package within the meaning of this Directive does not constitute a package, shall not absolve the organiseperator from the obligations imposed on organiseperators under this Directive.