35 Amendments of Rosa ESTARÀS FERRAGUT related to 2013/0246(COD)
Amendment 102 #
Proposal for a directive
Article 1 a (new)
Article 1 a (new)
Article 1a Level of harmonisation 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 Union law.
Amendment 116 #
Proposal for a directive
Article 3 – point 1 – point c
Article 3 – point 1 – point c
c) car rental orrental of cars or other vehicles or of other means of transport
Amendment 117 #
Proposal for a directive
Article 3 – point 1 – point d
Article 3 – point 1 – point d
d) any other tourist service not ancillary to carriage of passengers, accommodation or car rental;rental of cars or other vehicles or of other means of transport.
Amendment 132 #
Proposal for a directive
Article 3 – point 5 – point b
Article 3 – point 5 – point b
(b) through the procurement of additional travel services from another trader in a targeted manner, through linked online booking processes in which the traveller’s name, details and credit card data required for the payment of the booking are transferred from one trader to another at the latest when the booking of the first service is confirmed;
Amendment 140 #
Proposal for a directive
Article 4 – paragraph 1 – point a – point iii
Article 4 – paragraph 1 – point a – point iii
iii) the location, main features and tourist category of the accommodation; conferred by the competent body in the place where the accommodation is located.
Amendment 144 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance, the fact that the traveller may have to bear such additional costs and the nature of such costs;
Amendment 148 #
Proposal for a directive
Article 4 – paragraph 1 – point f
Article 4 – paragraph 1 – point f
f) general information on passport and visa requirements, as well as any other formalities or requirements concerning identification and movement that may be applicable to travellers, including approximate periods for obtaining visas, for nationals of the Member State(s) concerned and information on health formalities;
Amendment 150 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Where insurance linked to travel is offered the traveller shall be informed in all cases of the risk covered and that taking out such insurance is voluntary.
Amendment 155 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States may maintain or introduce in their national law language requirements regarding contractual information so as to ensure that such information is easily understood by the consumer.
Amendment 158 #
Proposal for a directive
Article 6 – paragraph 2 – point b – point iii
Article 6 – paragraph 2 – point b – point iii
iii) obliged, together with the retailer, to procure insolvency protection for refund and repatriation in accordance with Article 15, as well as the name of the entity providing the insolvency protection and its contact details, including its geographical address;
Amendment 160 #
Proposal for a directive
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
c) the details of athe retailer's contact point where the traveller can complain about any lack of conformity which he perceives on the spot, giving the retailer's name, geographical address, telephone number, fax number and e-mail address, so that the consumer may contact him quickly and communicate with him efficiently;
Amendment 168 #
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. The transferee organiser shall be responsible for providing proof of the charges or additional costs caused by the transfer of the contract.
Amendment 175 #
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 notifies the traveller of it with a justification and calculation on a durable medium at the latest 20 days prior to the start of the packag, showing the costs at the time the contract was taken out, at the latest 20 days prior to the start of the package. The organiser shall be responsible for providing proof of the grounds for the price increase.
Amendment 180 #
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 for reasons beyond his control, 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 prominentcomprehensible manner on a durable medium of:
Amendment 188 #
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 significantly affecting the package or on account of family or personal circumstances.
Amendment 200 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser is 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 providers. with organisers, retailers and carriers taking responsibility for those parts respectively of the package that they manage and for the proper fulfilment of their obligations under the contract, irrespective of whether those services are to be performed by the organiser or by other service providers, and without prejudice to the right of organisers and retailers to institute proceedings against said service providers. Joint and several liability in regard to the consumer shall be assumed by all operators involved in performing the contract, irrespective of their number and whether they are organisers or retailers and irrespective of their class and the relationships existing between them, without prejudice to the right of recourse of the party held accountable to the consumer and to whom the performance or substandard performance of the contract can be attributed on account of the part of the package managed respectively by said party.
Amendment 202 #
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, where applicable on account of the parts they manage respectively, the retailer or the carrier shall remedy the lack of conformity, unless this is disproportionate.
Amendment 227 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and retailers facilitating the procurement of packages and 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 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 233 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall recognise as meeting the requirements of their national rules transposing Article 15 any insolvency protection obtained by an organiser or a retailer facilitating the procurement of packages and assisted travel arrangements under the rules of its Member State of establishment transposing Article 15.
Amendment 237 #
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 retailers facilitating the procurement of packages and 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 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 239 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The central contact points shall make available to each other all necessary information on their national insolvency protection schemes and the identity of the body or bodies providing insolvency protection for a particular trader established in their territory. They shall grant each other access to any inventory listing organisers and retailers facilitating the procurement of packages and assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 242 #
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 retailer facilitating the procurement of packages and 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 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 251 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall ensure that a retailer 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 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.