14 Amendments of Pablo ARIAS ECHEVERRÍA related to 2013/0246(COD)
Amendment 170 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2a Level of harmonisation 1. This Directive shall not preclude Member States from maintaining or introducing more stringent provisions in order to protect consumers, provided that such provisions are consistent with their obligations under European Union law and with the laws of the Member States. 2. Notwithstanding paragraph 1, the information requirements laid down in this Directive shall be comprehensive but without prejudice to the information requirements provided for in other applicable EU legislation (cf. Directives 2000/31/EC and 2006/123/EC, and Regulations (EC) No 1107/2006, (EC) No 1008/2008, (EC) No 1371/2007, (EC) No 181/2011, (EC) No 1177/2010 and (EC) No 211/2005).
Amendment 218 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point iii
Article 4 – paragraph 1 – point a – point iii
iii) the location, and main features of the accommodation and the tourist category ofawarded to it by the body with competence for the place in which the accommodation is located;
Amendment 229 #
Proposal for a directive
Article 4 – paragraph 1 – point g a (new)
Article 4 – paragraph 1 – point g a (new)
ga) the possibility of cancelling the contract, the deadlines for this and, where applicable, the penalty set for doing so.
Amendment 231 #
Proposal for a directive
Article 4 – paragraph 1 – point g b (new)
Article 4 – paragraph 1 – point g b (new)
gb) the possibility of transferring the package travel contract to another traveller, and possible limitations on, and consequences of, that transfer.
Amendment 233 #
Proposal for a directive
Article 4 – paragraph 1 – point g c (new)
Article 4 – paragraph 1 – point g c (new)
gc) where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism to which the operator is subject and the methods for having access to this.
Amendment 239 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The information referred to in paragraph 1 shall be provided in a clear and prominent mannerintelligible form.
Amendment 244 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that the organiser 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 reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominentintelligible manner before the conclusion of the contract.
Amendment 251 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legibleLinguistic amendment not affecting the English version.
Amendment 306 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and, or personal or family circumstances, when these significantly affecting the package.
Amendment 314 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is and retailers aresponsible for the performance of the travel services included in accountable, each in their respective areas of management of the travel package, for ensuring that the obligations under theat contract are fulfilled, irrespective of whether those services in question are to be performed by the organiser or by other service providers, and without prejudice to the right of organisers and retailers to take action against service providers.
Amendment 318 #
Proposal for a directive
Article 11 – paragraph 1 – subparagraph 1 (new)
Article 11 – paragraph 1 – subparagraph 1 (new)
All operators which are joint parties to the contract – be they organisers or retailers – shall have joint responsibility in respect of consumers, regardless of what kind of undertaking they are and of the relationship between them, and this without prejudice to the right of recourse of the entity responsible vis-à-vis consumers against the entity not fulfilling or not correctly performing the contract in its respective area of management of the travel package.
Amendment 320 #
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 or, where relevant, the retailer, each in its respective area of management of the contract, shall remedy the lack of conformity, unless this is disproportionate.
Amendment 324 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Where a significant proportion of the services representing at least 20% of the total contract price or constituting an essential feature of the trip or holiday cannot be provided as agreed in the contract, the organiser 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 334 #
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 bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller, jointly with the retailer where relevant, shall bear a proportion of the daily cost for the continued stay for each of the days covered by the travel package contract.