43 Amendments of Philippe JUVIN related to 2013/0246(COD)
Amendment 94 #
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 and/or the retailer 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 95 #
Proposal for a directive
Recital 9
Recital 9
(9) For the sake of transparency, packages should be distinguished from assisted travel arrangements, where online or high street agents assist travellers in combining travel services leading the traveller to conclude contracts with different providers of travel services, including through linked booking processes in a targeted manner, which do not contain those features and in relation to which it would not be appropriate to apply all obligations applying to packages.
Amendment 97 #
Proposal for a directive
Recital 11
Recital 11
(11) At the same time, assisted travel arrangements should be distinguished from travel services which travellers book independently, often at different times, even for the purpose of the same trip or holiday. Online assisted travel arrangements should also be distinguished from links through which travellers are simply informed about further travel services in a general fashion and not in a targeted manner, for instance where a hotel or an organiser of an event includes on its website a list of all operators offering transport services to its location independently of any booking or if cookies or meta data are used to place on websites advertisements on websitesrelated to the travel destination and/or travel period specified for the first travel service chosen.
Amendment 98 #
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 which implies a transfer between the traders of data related specifically to the first travel service (including travel destination and travel period), without a transfer of the traveller's personal data, at the latest when the booking of the first service is confirmed by email. These rules would apply for example, where, along withwhile the confirmation of the booking of a first travel service such as a flight or a train journey is sent, or along with the latter, a consumer receives an invitation to book an additional travel service available at the chosen travel destination and /or for the dates specified for the first travel service, 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 organiser and/or retailer has assumed the responsibility for the travel services, and as no personal data from the traveller has been transferred between the traders, such assisted arrangements constitute an alternative business model that often competes closely with packages.
Amendment 113 #
Proposal for a directive
Recital 18
Recital 18
(18) It should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services, such as in the case of a package travel gift box, should constitute a package. Moreover, a combination of travel services should be considered as a package where the traveller's name or particularspersonal data needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed. Particulars by email. Traveller's personal data needed to conclude a booking transaction relate to the traveller's name, address, telephone number, credit card details or other information necessary to obtain a payment. On the other hand, the mere transfer of particularsdata related only to the travel service, such as the travel destination or travel times, without a transfer of the traveller's personal data, should not be sufficient.
Amendment 117 #
Proposal for a directive
Recital 20
Recital 20
(20) The main characteristic of package travel is that at least one trader is responsible as an, the organiser fand/or the proper performance of the package as a whole. Therefore, only in cases where another trader is acting as the organiser of a package should a trader, typically a high- street or on-line travel agent, be able to act as a mere retailretailer, is responsible for the proper per for intermediary and not be liable as an organisermance of the package as a whole. Whether a trader is acting as an organiser for a given package should depend on its involvement in the creation of a package as defined under this Directive, and not on the denomination under which it carries out its business. Where two or more traders meet a criterion which makes the combination of travel services a package and where those traders have not informed the traveller which of them is the organiser of the package, all relevant traders should be considered as organisers.
Amendment 118 #
Proposal for a directive
Recital 21
Recital 21
(21) In relation to packages, retailers should be responsible together with the organiser for the provision of pre- contractual information. At the same time it should be clarified that they are liable for booking errors in case they are actually involved in the booking process. Retailers should therefore not be liable for booking errors if those result from errors committed by another trader from which are procured additional travel services through linked online booking processes in the context of an assisted travel arrangement based on the mere transfer of targeted information including travel destination and travel period. In this case, the trader providing the additional travel services should be liable for the errors occurring in the booking process of such services. To facilitate communication, in particular in cross- border cases, travellers should have the possibility of contacting the organiser also via the retailer through which they bought the package.
Amendment 124 #
Proposal for a directive
Recital 26
Recital 26
(26) Since packages are often purchased a long time before their performance, unforeseen events may occur. Therefore the traveller should, under certain conditions, be entitled to transfer a package to another traveller. In such situations, the organiser should be able to recover his expenses, for instance if a sub-contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one. Travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation, as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster will significantly affect the package. Unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports, such as recommendations issued by Member State authorities, advise against travelling to the place of destination.Does not affect the English version)
Amendment 129 #
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 the retailer is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser and/or the 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 and/or the retailer'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 130 #
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 is liable for failure to perform or improper performance of the services included in the package travel contract, the organiser 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 ConventDoes not affect the English version) (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. 2246, 17.02.04, p. 1
Amendment 133 #
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 the 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 and/or the retailer's liability is without prejudice to the right to seek redress from third parties, including service providers. Member States should ensure that the organiser and the retailer have appropriate and accessible means of redress against third parties in this regard.
Amendment 137 #
Proposal for a directive
Recital 34
Recital 34
(34) Member States should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser and/or the retailer in case of a package, of the retailer having facilitated the assisted travel arrangement, or of any of the service providers. Member States in which package organisers and/or retailers, and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency. While retaining discretion as to the way in which insolvency protection is granted, Member States should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency. The required insolvency protection should take into account the actual financial risk of the activities of the organiser, relevant and/or the retailer, or the service provider, including the type of combination of travel services they sell, foreseeable seasonal fluctuations as well as the extent of pre-payments and the way in which these are secured. In accordance with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy, such security may not be limited to attestations issued by financial operators established in a particular Member State. __________________ 25 OJ L376, 27.12.2006, p. 36.
Amendment 140 #
Proposal for a directive
Recital 37
Recital 37
(37) It is appropriate to protect travellers in situations where an organiser or a retailer arranges the booking of a package, or where a retailer arranges the booking of an assisted travel arrangement and where the organiser or the retailer makes mistakes in the booking process.
Amendment 185 #
Proposal for a directive
Article 3 – point 2 – point b – point v
Article 3 – point 2 – point b – point v
(v) purchased from separate traders through linked online booking processes where both the traveller's name or particularspersonal data needed to conclude a booking transaction (including the traveller's name, contact details, and credit card number), and data related specifically to the first travel service (including travel destination and travel period) are transferred between the traders at the latest when the booking of the first service is confirmed by e-mail;
Amendment 195 #
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 a targeted manner implying a transfer between the traders of data related specifically to the first travel service only (including travel destination and travel period), without a transfer of the traveller's personal data, at the latest when the booking of the first service is confirmed by email;
Amendment 209 #
Proposal for a directive
Article 3 – point 11
Article 3 – point 11
(11) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the trader the consequences of which could not have been avoided even if all reasonable measures had been taken;Does not affect the English version)
Amendment 254 #
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 the retailer is:
Amendment 255 #
Proposal for a directive
Article 6 – paragraph 2 – point b – point ii
Article 6 – paragraph 2 – point b – point ii
Amendment 256 #
Proposal for a directive
Article 6 – paragraph 2 – point b a (new)
Article 6 – paragraph 2 – point b a (new)
(ba) information that the organiser is obliged to provide assistance if the traveller is in difficulty in accordance with Article 14;
Amendment 307 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 312 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) the organiser 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.Does not affect the English version)
Amendment 317 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that the organiser and/or the retailer 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 and/or the retailer or by other service providers.
Amendment 321 #
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 326 #
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 the 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 328 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. If it is impossible for the organiser and/or the 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 the 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 336 #
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 and/or the retailer shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller.
Amendment 339 #
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 and/or the retailer shall not bear the cost for the continued stay exceeding EUR 100 per night and three nights per traveller.
Amendment 343 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The limitation of costs referred to in paragraph 5 shall not apply to 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 hasand/or the retailer has/have been notified of their particular needs at least 48 hours before the start of the package. The organiser and/or the retailer 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, 26.07.2006, p. 1.
Amendment 344 #
Proposal for a directive
Article 11 – paragraph 6
Article 11 – paragraph 6
6. The limitation of costs referred to in paragraph 5 shall not apply to 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 and/or the retailer has been notified of their particular needs at least 48 hours before the start of the package. The organiser and/or the retailer 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, 26.7.2006, p. 1.
Amendment 349 #
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 the retailer for any damage, including non- material damage, which the traveller sustains as a result of any lack of conformity.
Amendment 354 #
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 the retailer proves that the lack of conformity is:
Amendment 362 #
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 circumstances orDoes not affect the English version)
Amendment 368 #
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 the 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 373 #
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 the 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 and/or the retailer accordingly. In other cases, the contract may limit compensation to be paid by the organiser and/or the retailer 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 package.
Amendment 389 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that organisers and/or retailers in case of a package and retailers 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 398 #
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 and/or a retailer in case of a package, or a retailer facilitating the procurement of assisted travel arrangements, under the rules of its Member State of establishment transposing Article 15.
Amendment 402 #
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/or retailers in the case of a package and retailers 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 406 #
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/or retailers in case of a package, and retailers facilitating the procurement of assisted travel arrangements which are in compliance with their insolvency protection obligations.
Amendment 409 #
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 and/or a retailer in case of a package, or of a retailer 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 419 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17a Information of the retailer regarding additional travel services booked in the framework of assisted travel arrangements through linked online booking processes Traders providing additional travel services in the framework of assisted travel arrangements as defined in Article 3, paragraph 5, point b shall ensure that the retailer concerned is properly informed of the confirmed booking of additional travel services, which consequently constitute with the first travel service booked an assisted travel arrangement, thereby triggering the liability and obligations of the retailer incumbent on it under this Directive.
Amendment 428 #
Proposal for a directive
Article 19
Article 19
Member States shall ensure that an organiser who arranges the booking of a package, or 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 in case they are actually involved in the booking process, unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances. In the context of an assisted travel arrangement based on the procurement of additional travel services from another trader in a targeted manner through linked online booking processes as referred to in article 3 (5) (b), the retailer shall not be liable for booking errors resulting from errors committed by that trader. In this case, Member States shall ensure that the trader providing the additional travel services shall be liable for the errors occurring in the booking process of such services.
Amendment 429 #
Proposal for a directive
Article 19
Article 19
Amendment 431 #
Proposal for a directive
Article 20
Article 20
In cases where an organiser or, in accordance with Articles 11, 12, 15 or 18, a retailer 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 itsMember States shall ensure that it has a right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations.