Sittings · Document

Draft report (COM(2023)0905 – C90436/2023 – 2023/0435(COD)) 2025-03-31

Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/2302 to make the protection of travellers more effective and to simplify and clarify certain aspects of the Directive

Committee on the Internal Market and Consumer Protection

Amendment 20

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’. Linked travel arrangements are largely treated like stand-alone services, but payments received by a trader facilitating a linked travel arrangement are to be protected against such trader’s insolvency. Directive (EU) 2015/2302 aimed to ensure transparency by obliging traders to inform travellers on the nature of travel product offered to them and on the associated rights through standard information forms contained in Annexes I and II to that Directive.	(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’.

Or. en

Amendment 21

Andreas Schwab

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’. Linked travel arrangements are largely treated like stand-alone services, but payments received by a trader facilitating a linked travel arrangement are to be protected against such trader’s insolvency. Directive (EU) 2015/2302 aimed to ensure transparency by obliging traders to inform travellers on the nature of travel product offered to them and on the associated rights through standard information forms contained in Annexes I and II to that Directive.	(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’.

Or. en

Amendment 22

Pablo Arias Echeverría

Proposal for a directive

Recital 2

Text proposed by the Commission	Amendment
(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’. Linked travel arrangements are largely treated like stand-alone services, but payments received by a trader facilitating a linked travel arrangement are to be protected against such trader’s insolvency. Directive (EU) 2015/2302 aimed to ensure transparency by obliging traders to inform travellers on the nature of travel product offered to them and on the associated rights through standard information forms contained in Annexes I and II to that Directive.	(2) In order to pursue those objectives, Directive (EU) 2015/2302 broadened the definition of the term ‘package’ compared to Directive 90/314/EEC. Directive (EU) 2015/2302 further specified existing rights of travellers and introduced new ones, such as the right for travellers to terminate a package travel contract without termination fees, under certain conditions, in the event of unavoidable and extraordinary circumstances. In addition, Directive (EU) 2015/2302 created the new concept of ‘linked travel arrangement’, which encompassed bookings carried out at one point of sale and bookings at different points of sale which a trader ‘facilitates in a targeted manner’. Linked travel arrangements are largely treated like stand-alone services, but payments received by a trader facilitating a linked travel arrangement are to be protected against such trader’s insolvency. Directive (EU) 2015/2302 aimed to ensure transparency by obliging traders to inform travellers on the nature of travel product offered to them and on the associated rights through standard information forms contained in Annexes I and II to that Directive. Despite the efforts of Directive (EU) 2015/2302 to ensure transparency and provide clear information to travellers, a lack of uniformity in communicating their rights persists.

Or. es

Amendment 23

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 3

Text proposed by the Commission	Amendment
(3) While, overall, Directive (EU) 2015/2302 has worked well, several challenges have emerged since the start of its application on 1 July 2018. The COVID-19 pandemic and related government measures had a significant impact on both the travel industry and travellers and exposed certain weaknesses in prevailing business models and showed that specific provisions of the Directive could be clarified.	(3) While, overall, Directive (EU) 2015/2302 has worked well, some challenges have emerged since the start of its application on 1 July 2018. The COVID-19 pandemic and related government measures had a significant impact on both the travel industry and travellers and exposed certain weaknesses in prevailing business models and showed that specific provisions of the Directive could be clarified.

Or. en

Amendment 24

Andreas Schwab

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements, as well as their delimitation from packages, should be clarified and simplified. Such clarification and simplification of the definitions and concepts ‘package’ and ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.	(5) Overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements, as well as their delimitation from packages, should however be clarified and simplified.

Or. en

Amendment 25

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements, as well as their delimitation from packages, should be clarified and simplified. Such clarification and simplification of the definitions and concepts ‘package’ and ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.	(5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements have created more complexity and legal uncertainty, and they are rarely being used in practice. For this purpose, the provisions defining a 'package' should be simplified, while the provisions on linked travel arrangements should be deleted from Directive (EU) 2015/2302. Such clarification and simplification of the definitions and concepts 'package' while deleting 'linked travel arrangement' should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.

Or. en

Amendment 26

Regina Doherty

Proposal for a directive

Recital 5

Text proposed by the Commission	Amendment
(5) While, overall, the definition of ‘package’ is considered to have been effective, the definition of and the rules on linked travel arrangements, as well as their delimitation from packages, should be clarified and simplified. Such clarification and simplification of the definitions and concepts ‘package’ and ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.	(5) While, overall, the definition of ‘package’ is considered to have been largely effective, the definition of and the rules on linked travel arrangements do not contribute to the goals of regulatory simplification, are rarely used, and are a source of considerable confusion for consumers and traders. Clarification and simplification of the definitions and concepts ‘package’ and ‘linked travel arrangement’ should increase legal certainty for all parties, while making the protection of travellers more effective, and ensuring a level playing field for traders. At the same time, the number of information forms to be used by traders when informing travellers on their rights should be reduced.

Or. en

Amendment 27

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 6

Text proposed by the Commission	Amendment
(6) The principle underlying the definition of ‘package’ should remain that there is a close link between different travel services booked for the purpose of the same trip or holiday. In order to ensure that there is no overlap between the definition of ‘package’ and ‘linked travel arrangement’ and to eliminate the difficulties in distinguishing between packages and linked travel arrangements, bookings of different types of travel services for the same trip or holiday at one point of sale where the travel services have been selected before the traveller concludes a first contract should be considered as packages in the same way as travel services booked at one point of sale within a short period of time. In both cases, there is a close link between the bookings of travel services. Therefore, the definition of ‘package’, should cover both situations, while bookings made on the occasion of a single visit of or contact with one point of sale should be removed from the definition of linked travel arrangement.	deleted

Or. en

Amendment 28

Andreas Schwab

Proposal for a directive

Recital 6

Text proposed by the Commission	Amendment
(6) The principle underlying the definition of ‘package’ should remain that there is a close link between different travel services booked for the purpose of the same trip or holiday. In order to ensure that there is no overlap between the definition of ‘package’ and ‘linked travel arrangement’ and to eliminate the difficulties in distinguishing between packages and linked travel arrangements, bookings of different types of travel services for the same trip or holiday at one point of sale where the travel services have been selected before the traveller concludes a first contract should be considered as packages in the same way as travel services booked at one point of sale within a short period of time. In both cases, there is a close link between the bookings of travel services. Therefore, the definition of ‘package’, should cover both situations, while bookings made on the occasion of a single visit of or contact with one point of sale should be removed from the definition of linked travel arrangement.	deleted

Or. en

Amendment 29

Arba Kokalari, Andreas Schwab, Dimitris Tsiodras, Henrik Dahl

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.	deleted

Or. en

Amendment 30

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi, Anna-Maja Henriksson

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.	deleted

Or. en

Amendment 31

Andreas Schwab

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.	deleted

Or. en

Amendment 32

Peter Agius

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.	deleted

Or. en

Justification

The choice of 3 and 24 hours is arbitrary and can be circumvented. OTAs can easily send invitations to consumers after 24 hours from booking the first travel service. This proposal creates legal uncertainty as it puts the validity of the first contract signed for the first standalone travel service between the service provider and the traveller, which would need to be voided, and replaced by a second contract converting it to a package, which will include the Travel Operator and the Traveller as parties.

Amendment 33

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 7

Text proposed by the Commission	Amendment
(7) In the context of bookings made within a short period of time at one point of sale, it is appropriate to replace the rather vague criterion of ‘a single visit or contact’. Therefore, bookings of different types of travel services for the same trip of holiday made within three hours should always be considered as packages. The same should apply where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday after completing the first booking, and where subsequent bookings take place within 24 hours after the conclusion of the first contract.	(7) Where, before the completion of a first booking, a trader invites a traveller to book additional services for the same trip or holiday bookings, the combination of services should always be considered as package. The definition of package should also be applicable when services are combined after the conclusion of a contract, up to 28 days before the start of a travel, by which a trader entitles the traveller to choose among a selection of different types of “package-ready” travel services. This can also applicable for follow-up emails sent to the traveller after the initial conclusion of a contract.

Or. en

Amendment 34

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which required that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider as ‘package’ bookings of different types of travel services for the same trip or holiday where the trader that is party to a first contract transfers to a trader that is party to a second or further contract alternatively the traveller’s name, payment details, email address or any other of the traveller’s personal data. Such transfer of personal data indicates a close link between the bookings/contracts so that the criterion of 24 hours for the second booking is not indispensable and should be removed.	(8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which requires that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider bookings of different types of travel services for the same trip or holiday as 'package' where the trader that is party to a first contract transfers the traveller's personal data to a trader that is party to a second or further contract. Such transfer of personal data should enable the involved traders to establish that the same traveller is a party to the relevant contracts and may include, for example, the traveller's name, payment details, email address or telephone number. Data that does not enable the traders to establish that the same traveller is a party to the relevant contracts is not sufficient. The transfer indicates a close link between the relevant contracts and the creation of a package.

Or. en

Amendment 35

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 8

Text proposed by the Commission	Amendment
(8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which required that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider as ‘package’ bookings of different types of travel services for the same trip or holiday where the trader that is party to a first contract transfers to a trader that is party to a second or further contract alternatively the traveller’s name, payment details, email address or any other of the traveller’s personal data. Such transfer of personal data indicates a close link between the bookings/contracts so that the criterion of 24 hours for the second booking is not indispensable and should be removed.	(8) The definition of package formed through linked online booking processes in Article 3(2)(b)(v) of Directive (EU) 2015/2302, which required that the traveller’s name, payment details and email address are all transmitted from one trader to another trader, has proved to be too narrow. Therefore, it is appropriate to consider as ‘package’ bookings of different types of travel services for the same trip or holiday where the trader that is party to a first contract transfers to a trader that is party to a second or further contract alternatively the traveller’s name, payment details, email address or any other of the traveller’s personal data.

Or. en

Amendment 36

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection. Furthermore, in order to make sure that travellers fully benefit from the rules on insolvency protection and for traders to know that they are subject to this obligation, it is appropriate that the information forms on linked travel arrangements recommend to travellers to record the invitation and the additional booking, for instance through screenshots, and to inform the trader with whom a first contract was concluded that a contract on an additional type of travel service has been concluded for the same trip or holiday within 24 hours following the invitation from the trader. The trader should be obliged to make available to travellers a facility, such as an email address or a website, where travellers can register such information and shall acknowledge receipt of such information.	deleted

Or. en

Amendment 37

Regina Doherty

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection. Furthermore, in order to make sure that travellers fully benefit from the rules on insolvency protection and for traders to know that they are subject to this obligation, it is appropriate that the information forms on linked travel arrangements recommend to travellers to record the invitation and the additional booking, for instance through screenshots, and to inform the trader with whom a first contract was concluded that a contract on an additional type of travel service has been concluded for the same trip or holiday within 24 hours following the invitation from the trader. The trader should be obliged to make available to travellers a facility, such as an email address or a website, where travellers can register such information and shall acknowledge receipt of such information.	deleted

Or. en

Amendment 38

Andreas Schwab

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection. Furthermore, in order to make sure that travellers fully benefit from the rules on insolvency protection and for traders to know that they are subject to this obligation, it is appropriate that the information forms on linked travel arrangements recommend to travellers to record the invitation and the additional booking, for instance through screenshots, and to inform the trader with whom a first contract was concluded that a contract on an additional type of travel service has been concluded for the same trip or holiday within 24 hours following the invitation from the trader. The trader should be obliged to make available to travellers a facility, such as an email address or a website, where travellers can register such information and shall acknowledge receipt of such information.	deleted

Or. en

Amendment 39

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 9

Text proposed by the Commission	Amendment
(9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection. Furthermore, in order to make sure that travellers fully benefit from the rules on insolvency protection and for traders to know that they are subject to this obligation, it is appropriate that the information forms on linked travel arrangements recommend to travellers to record the invitation and the additional booking, for instance through screenshots, and to inform the trader with whom a first contract was concluded that a contract on an additional type of travel service has been concluded for the same trip or holiday within 24 hours following the invitation from the trader. The trader should be obliged to make available to travellers a facility, such as an email address or a website, where travellers can register such information and shall acknowledge receipt of such information.	(9) The definition of ‘a linked travel arrangement’ should cover situations where a trader that is party to a first contract and receives payments from or on behalf of the traveller invites a traveller to book additional types of travel services for the same trip or holiday. In this context, the trader that is party to a first contract should obtain insolvency protection.

Or. en

Amendment 40

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty.	(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty. It should be noted that different on-site activities provided as an intrinsic part of or typically associated with accommodation, regardless of their value, should not lead to the creation of a package if these services are combined only with accommodation.

Or. en

Amendment 41

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty.	(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty. It also should be noted that different on-site activities that can be booked during the stay directly at the accommodation, regardless of their value, should not lead to the creation of the package if these services are combined only with accommodation.

Or. en

Amendment 42

Inese Vaidere

Proposal for a directive

Recital 10

Text proposed by the Commission	Amendment
(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty.	(10) Regarding packages where, for example, accommodation is combined with other tourist services, but which do not contain any carriage of passengers, the general criterion of ‘a significant proportion’ of the value of the combination, applying to tourist services as referred to in Article 3(1)(d), should be replaced with the more specific criterion of ‘at least 25%’ in order to increase legal certainty. It also should be noted that different on-site activities provided as an intrinsic part of accommodation or services performed on accommodation sites, regardless of their value, should not lead to the creation of a package.

Or. en

Justification

The current package definition may be too broad and could inadvertently impact tourism SMEs. There is a significant risk that many tourism service providers may unintentionally be classified as organisers simply by offering additional services alongside their primary accommodation service. It is important to safeguard SMEs, particularly in remote rural areas, without them being categorised as organisers for regulatory purposes.

Amendment 43

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 11

Text proposed by the Commission	Amendment
(11) As demonstrated, in particular, during the COVID-19 pandemic, the prevailing business practice of advance payments, the absence of business-to-business rules on refunds to organiser of packages for services cancelled or not performed by the service providers, the absence of rules on vouchers, as well as uncertainty on whether refund claims and vouchers for cancelled packages are covered by insolvency protection, can cause difficulties in relation to refunds to travellers, in particular, where unavoidable and extraordinary circumstances lead to numerous cancellations and affect many travel destinations. Therefore, it should be provided that travellers’ payments are effectively protected at all times, including in a crisis. Furthermore, it should be ensured that the national insolvency protection systems are resilient and provide more uniform protection.	(11) As demonstrated, in particular, during the COVID-19 pandemic, the absence of business-to-business rules on refunds to organiser of packages for services cancelled or not performed by the service providers, the absence of rules on vouchers, as well as uncertainty on whether refund claims and vouchers for cancelled packages are covered by insolvency protection, can cause difficulties in relation to refunds to travellers, in particular, where unavoidable and extraordinary circumstances lead to numerous cancellations and affect many travel destinations. Therefore, it should be provided that travellers’ payments are effectively protected at all times, including in a crisis. Furthermore, it should be ensured that the national insolvency protection systems are resilient and provide more uniform protection.

Or. en

Amendment 44

Regina Doherty

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should not be higher than 25% of the total price of the package, and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, organisers and, where applicable, retailers should be able to request higher downpayments where this is necessary to ensure the organisation and proper performance of the package. The level of downpayments requested by organisers may be justified by advance payments to service providers, including where they belong to the same group of companies as the organiser, or the need to cover the organiser’s costs directly related to the organisation and performance of the package at the time of booking or shortly afterwards. This may, where applicable, include commissions requested by retailers.	deleted

Or. en

Amendment 45

Arba Kokalari, Dimitris Tsiodras, Henrik Dahl

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should not be higher than 25% of the total price of the package, and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, organisers and, where applicable, retailers should be able to request higher downpayments where this is necessary to ensure the organisation and proper performance of the package. The level of downpayments requested by organisers may be justified by advance payments to service providers, including where they belong to the same group of companies as the organiser, or the need to cover the organiser’s costs directly related to the organisation and performance of the package at the time of booking or shortly afterwards. This may, where applicable, include commissions requested by retailers.	deleted

Or. en

Amendment 46

Denis Nesci

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should not be higher than 25% of the total price of the package, and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, organisers and, where applicable, retailers should be able to request higher downpayments where this is necessary to ensure the organisation and proper performance of the package. The level of downpayments requested by organisers may be justified by advance payments to service providers, including where they belong to the same group of companies as the organiser, or the need to cover the organiser’s costs directly related to the organisation and performance of the package at the time of booking or shortly afterwards. This may, where applicable, include commissions requested by retailers.	deleted

Or. en

Justification

There could be a risk of imposing financial limits on the market and standardizing pricing policies, which would violate the principles of free competition and market dynamics.

Amendment 47

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 12

Text proposed by the Commission	Amendment
(12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should not be higher than 25% of the total price of the package, and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, organisers and, where applicable, retailers should be able to request higher downpayments where this is necessary to ensure the organisation and proper performance of the package. The level of downpayments requested by organisers may be justified by advance payments to service providers, including where they belong to the same group of companies as the organiser, or the need to cover the organiser’s costs directly related to the organisation and performance of the package at the time of booking or shortly afterwards. This may, where applicable, include commissions requested by retailers.	(12) There are certain risks which are inherent in the business practice of requiring advance payments, in particular, in situations where organisers are obliged to refund significant amounts to travellers for cancelled trips within a short period of time. Therefore, it should be provided that downpayments, that is to say payments asked of travellers at the time of booking or shortly afterwards, should be set at an appropriate level and may be subject to limitations based on national jurisdiction and that organisers or, where applicable, retailers should be prevented from requesting the payment of the remaining amount earlier than 28 days before the start of the package. At the same time, traders or organisers may allow for the payment to be done in full if the traveller expressly wishes to do so. This offer should be entirely voluntary and should always be an additional option to travellers who prefer to pay in full instead of instalments. The level of downpayments requested by organisers may be justified by advance payments to service providers, including where they belong to the same group of companies as the organiser, or the need to cover the organiser’s costs directly related to the organisation and performance of the package at the time of booking or shortly afterwards. This may, where applicable, include commissions requested by retailers.

Or. en

Amendment 48

Regina Doherty

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) The level of downpayments should not require different calculations for each package but can be established for groups of packages that have similar characteristics regarding the necessity of downpayment. Organisers and, where relevant, retailers should continue to be obliged to inform travellers, before the conclusion of the contract, about the downpayments they request.	deleted

Or. en

Amendment 49

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) The level of downpayments should not require different calculations for each package but can be established for groups of packages that have similar characteristics regarding the necessity of downpayment. Organisers and, where relevant, retailers should continue to be obliged to inform travellers, before the conclusion of the contract, about the downpayments they request.	deleted

Or. en

Amendment 50

Denis Nesci

Proposal for a directive

Recital 13

Text proposed by the Commission	Amendment
(13) The level of downpayments should not require different calculations for each package but can be established for groups of packages that have similar characteristics regarding the necessity of downpayment. Organisers and, where relevant, retailers should continue to be obliged to inform travellers, before the conclusion of the contract, about the downpayments they request.	deleted

Or. en

Justification

Package sellers are already required to inform consumers about the amounts and timing of payments. The amounts may vary due to several factors, such as the use of ancillary and non-refundable services offered at discounted prices to benefit the customer.

Amendment 51

Arba Kokalari, Henrik Dahl

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Since the limitation of advance payments is not compatible with the concept of package travel gift boxes as referred to in Article 3(5)(b)(iv) of Directive (EU) 2015/2302 and packages booked less than 28 days before the start of the package, these two types of packages should be exempted from the limitation of advance payments introduced by this Directive.	deleted

Or. en

Amendment 52

Regina Doherty

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Since the limitation of advance payments is not compatible with the concept of package travel gift boxes as referred to in Article 3(5)(b)(iv) of Directive (EU) 2015/2302 and packages booked less than 28 days before the start of the package, these two types of packages should be exempted from the limitation of advance payments introduced by this Directive.	deleted

Or. en

Amendment 53

Denis Nesci

Proposal for a directive

Recital 14

Text proposed by the Commission	Amendment
(14) Since the limitation of advance payments is not compatible with the concept of package travel gift boxes as referred to in Article 3(5)(b)(iv) of Directive (EU) 2015/2302 and packages booked less than 28 days before the start of the package, these two types of packages should be exempted from the limitation of advance payments introduced by this Directive.	deleted

Or. en

Amendment 54

Peter Agius

Proposal for a directive

Recital 15

Text proposed by the Commission	Amendment
(15) Where a travel service contained in a package is cancelled or not performed and where advance payments have been made to the respective service provider, organisers should be entitled to a refund of the payments made from service providers within 7 days. This right to refund should enable organisers to comply with their obligation to refund travellers within 14 days in cases where also the package travel contract as a whole is terminated. Where a travel service provider cancels or does not provide a service contained in a package but where the package travel contract continues to exist, the right to a refund within 7 days should enable organisers to make alternative arrangements.	(15) Where a travel service contained in a package is cancelled or not performed and where advance payments have been made to the respective service provider, organisers should be entitled to a refund of the payments made from service providers within 7 days. This right to refund should enable organisers to comply with their obligation to refund travellers within 14 days in cases where also the package travel contract as a whole is terminated. Where a travel service provider cancels or does not provide a service contained in a package but where the package travel contract continues to exist, the right to a refund within 7 days should enable organisers to make alternative arrangements. The application of this provision can be suspended by Member States in cases where travel services are cancelled due to unavoidable and extraordinary circumstances, for example related to obligatory quarantine requirements against the spread of contagious diseases.

Or. en

Justification

The provision in principle is positive because it provides a responsibility for repayment along the whole supply chain, not only on Travel Operators. However, the Covid-19 experience has shown us how it is virtually impossible to expect service providers to process all refunds within 7 days in case of mass cancellation of services due to the unavoidable and extraordinary circumstance. One must also take into account that non-EU service providers are not obliged by the provisions of the Directive.

Amendment 55

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 16

Text proposed by the Commission	Amendment
(16) In certain situation voluntary vouchers to travellers can be a useful alternative to refunds. Vouchers can give more flexibility to organisers in particular if they are confronted with the obligation to make many refunds within a short period of time. At the same time, vouchers can be acceptable for travellers who do not need an instant refund, as long as there are specific legal guarantees. Therefore, clear rules on vouchers should be laid down which provide such guarantees. Those guarantees should include transparency on the voluntary nature and on the key characteristics of vouchers, as well as on travellers’ rights in relation to vouchers, for example, the fact that they are protected against the organiser’s insolvency and that travellers are entitled to an automatic refund where a voucher is not redeemed during its period of validity. Organisers may make vouchers more attractive, for example, by increasing the amount of the voucher compared to the traveller’s refund right. In such cases, insolvency protection should be limited to the amount of payments received from the traveller.	(16) In certain situation voluntary vouchers to travellers can be a useful alternative to refunds. Vouchers can give more flexibility to organisers in particular if they are confronted with the obligation to make many refunds within a short period of time. At the same time, vouchers can be acceptable for travellers who do not need an instant refund, as long as there are specific legal guarantees. Therefore, clear rules on vouchers should be laid down which provide such guarantees. Those guarantees should include transparency on the voluntary nature and on the key characteristics of vouchers, as well as on travellers’ rights in relation to vouchers, for example, the fact that they are protected against the organiser’s insolvency and that travellers are entitled to an automatic refund where a voucher is not redeemed during its period of validity. The voucher may be used for any services proposed by the organiser. Organisers may make vouchers more attractive, for example, by increasing the value of the voucher compared to the traveller’s refund right. In such cases, insolvency protection should be limited to the amount of the traveller's refund rights.

Or. en

Amendment 56

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) If a package, as defined under this Directive, has been combined by a package provider and is made up of services by two, or more, different service providers, the voucher should apply to the package provider where the package was booked and not be split up among the different service providers that the package provider may be cooperating with.

Or. en

Amendment 57

Peter Agius

Proposal for a directive

Recital 16 a (new)

Text proposed by the Commission	Amendment
	(16a) In situations of unavoidable and extraordinary circumstances, Member States may decide to allow for a temporary period allowing the provision of mandatory vouchers by organisers to ensure the protection of the cash flow of enterprises, especially SMEs.

Or. en

Justification

Provision needs to safeguard the cash flow of organisers in extraordinary circumstances. This practice was adopted by some Member States during Covid-19 and it would be important to have it acknowledged in the PTD.

Amendment 58

Regina Doherty

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances.	(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances, which significantly affect the performance of a package, requires a case-by-case assessment of circumstances occurring at the place of destination or its immediate vicinity. It should be clarified that the termination of a contract is possible if it can be reasonably expected that the performance of the services included in the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. The assessment whether unavoidable and extraordinary circumstances have significant effects on the performance of the package should be based on a reasonable assessment, at the moment of the termination of the contract, of the likelihood that the effects caused by such unavoidable and extraordinary circumstances will significantly impact the performance of the package. The assessment whether termination of the contract on this basis is justified should be made based on the information available at the date of termination of the relevant package travel contract. Circumstances affecting only the journey to the destination or the return journey should not be taken into account if that journey is not part of the package travel contract, including the transport of the passenger to the agreed place of departure.

Or. en

Amendment 59

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances.	(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances. Unavoidable and extraordinary circumstances which affect part of the travel, but are not part of the package, should not constitute a termination right. One such example is where transport is not included in the package, but is affected by unavoidable and extraordinary circumstances.

Or. en

Amendment 60

Andreas Schwab

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances.	(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances. Circumstances affecting only the journey to the destination or the return journey should not be taken into account if that journey is not part of the package travel contract, including the transport of the passenger to the agreed place of departure.

Or. en

Amendment 61

Denis Nesci

Proposal for a directive

Recital 18

Text proposed by the Commission	Amendment
(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if it can be reasonably expected that its performance will be significantly affected by unavoidable and extraordinary circumstances.	(18) The multitude of conceivable situations that may give rise to the termination of a package travel contract due to unavoidable and extraordinary circumstances which significantly affect the performance of a package requires a case-by-case assessment, for instance, in light of the nature and the extent of such circumstances. It should be clarified that the termination of a contract is possible if close to departure its performance will be significantly affected by unavoidable and extraordinary circumstances. The concept of 'extraordinary and unavoidable circumstances' should not include in particular subjective and personal impediments of the traveller (e.g. illness).

Or. en

Amendment 62

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or applying after returning from the trip or holiday, such as quarantine requirements for a significant period, are also relevant when assessing the justification of the termination of a package travel contract.	(19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, may be important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip, provided that they appear after the conclusion of the contract, can be relevant when assessing the justification of the termination of a package travel contract. Every situation should be assessed on a case-by-case basis. Where it can be reasonably expected that the traveller would have known of the travel restrictions prior to the booking, but nonetheless chosen to proceed with the contract, these should not be taken into account.

Or. en

Amendment 63

Cynthia Ní Mhurchú

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or applying after returning from the trip or holiday, such as quarantine requirements for a significant period, are also relevant when assessing the justification of the termination of a package travel contract.	(19) Official warnings against travel to a particular destination issued by the authorities of a Member State or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, such as quarantine requirements for a significant period, may be elements to be taken into account in the assessment of whether a termination of the contract is justified. The relevance of specific travel warnings to the contract at issue should be considered on a case-by-case basis. Furthermore, the absence of official travel warnings should not prevent establishing the existence of those circumstances and their effects on the performance of the package.

Or. en

Amendment 64

Sandro Gozi

Proposal for a directive

Recital 19

Text proposed by the Commission	Amendment
(19) During the Covid-19 pandemic, different interpretations emerged regarding cancellation rights due to ‘unavoidable and extraordinary circumstances’ including in relation to the relevance of travel warnings. It is, therefore, appropriate to specify that official travel warnings for the travel destination issued by the authorities of the Member State of the traveller’s residence or departure or the country of destination, are important elements when assessing the justification of the termination of a contract. It should also be clarified that serious restrictions at the travel destination or applying after returning from the trip or holiday, such as quarantine requirements for a significant period, are also relevant when assessing the justification of the termination of a package travel contract.	(19) The assessment of whether a termination of the contract is justified may take into account elements, such as the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday. The assessment should be based on a case-by-case analysis.

Or. en

Amendment 65

Cynthia Ní Mhurchú, Anna-Maja Henriksson, Jeannette Baljeu, Sandro Gozi, Svenja Hahn

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) It should also be clarified that the 14-day refund period, which is triggered by the termination of the contract, applies regardless of whether the traveller specifically asks for a refund.	(20) It should also be clarified that the 14-day refund period, which is triggered by any termination of the contract, applies regardless of whether the traveller specifically asks for a refund. Furthermore, it should be specified that the organiser should reimburse all payments made by or on behalf of the traveller for the package, including all processing fees.

Or. en

Amendment 66

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 20

Text proposed by the Commission	Amendment
(20) It should also be clarified that the 14-day refund period, which is triggered by the termination of the contract, applies regardless of whether the traveller specifically asks for a refund.	(20) It should also be clarified that the 14-day refund period, which is triggered by the termination of the contract, applies from the moment the traveller has requested a refund or, in case where payment details are no longer valid, from the moment the traveller has submitted their payment details.

Or. en

Amendment 67

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 21

Text proposed by the Commission	Amendment
(21) In order to ensure effective and uniform protection of travellers and a level playing field for organisers it should be provided that the insolvency protection of organisers covers all payments made by or on behalf of travellers in the event of the organiser’s insolvency, including cases where a package is not performed in full or in part as a consequence of the organiser’s insolvency and cases where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency.	(21) In order to ensure effective and uniform protection of travellers and a level playing field for organisers it should be provided that the insolvency protection of organisers covers all payments made by or on behalf of travellers in the event of the organiser’s insolvency, including where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency.

Or. en

Amendment 68

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 21 a (new)

Text proposed by the Commission	Amendment
	(21a) Under the conditions laid down in this Directive, Member States should define their insolvency protection systems applicable within their territories, including the associated procedures and the methods for providing information on insolvency protection through the most effective communication channels available. It is important to lay down that, as soon as an insolvency occurs, travellers should be provided with all necessary information to benefit from insolvency protection rights. Accordingly, the Member States should designate the relevant entity or entities, which will be responsible for providing such necessary information. The Commission should centralise the information related to these insolvency protection schemes and central contact points, and make it available to the public on its website.

Or. en

Justification

First part of this text stems from the Council general approach.

Amendment 69

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 22

Text proposed by the Commission	Amendment
(22) In order to ensure effectiveness of insolvency protection for travellers at all times, it should be provided that the security is sufficient to cover costs for refunds and repatriations in cases where an insolvency occurs at a time when an organiser holds the highest amounts of payments. Any increases of those amounts due to a higher anticipated volume of packages sold in a given period should be taken into account. It should be clarified that Member States should supervise the insolvency protection of organisers and monitor the market for the provision of insolvency protection and that. If necessary, Member States should be able to require a second level of protection, such as a back-up fund. This may be relevant, for example, where insurance policies do not provide the required level of protection. Such back-up funds should normally be funded exclusively through contributions from organisers. It should be clarified that such measures can be co-financed by the Member States only in exceptional circumstances and reiterated that those provisions are without prejudice to the Union provisions on State aid insofar as such measures involve State aid.	(22) In order to ensure effectiveness of insolvency protection for travellers at all times, it should be provided that the security is sufficient to cover costs for refunds and repatriations in cases where an insolvency occurs at a time when an organiser holds the highest amounts of payments. Any increases of those amounts due to a higher anticipated volume of packages sold in a given period should be taken into account. It should be clarified that Member States should supervise the insolvency protection of organisers and monitor the market for the provision of insolvency protection. It should be clarified that such measures can be co-financed by the Member States only in exceptional circumstances and reiterated that those provisions are without prejudice to the Union provisions on State aid insofar as such measures involve State aid.

Or. en

Amendment 70

Pablo Arias Echeverría

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders.	(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders. To ensure that travellers are properly informed about their rights, organisers should provide assistance accessible to travellers, especially vulnerable travellers, through a one-stop shop. Digital communication channels are a key tool to provide up-to-date and personalised information about passenger rights at all times. This information should be provided automatically and proactively by organisers, particularly in the event of an impact, in order to facilitate the flow of information to the traveller and the organiser. Digital communication channels should be prioritised without adversely affecting physical counters providing passenger assistance.

Or. es

Amendment 71

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders.	(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders. The participation of tour organisers, retailers, intermediaries and other actors falling under the scope of Directive (EU) 2015/2302 to Alternative Dispute Resolution procedures should be mandatory and the ADR entity's decisions binding, without prejudice to the right of parties to access the judicial system.

Or. en

Amendment 72

Regina Doherty

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders.	(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders. Organisers and retailers offering standalone travel services should provide travellers with information prior to purchase on the travel services, as well as on the rights associated with them.

Or. en

Amendment 73

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Recital 25

Text proposed by the Commission	Amendment
(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annexes I and II to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders.	(25) It is important that travellers are properly informed on their rights, are able to understand the information provided to them and have access to that information when they need it. Therefore, certain changes should be made regarding pre-contractual information requirements, the content of a package travel contract and the standard information forms set out in Annex I to Directive (EU) 2015/2302. For example, the standard information forms in Annex I should specify the trader responsible for refunds for cancelled packages. The right to terminate a package travel contract without a fee due to unavoidable and extraordinary circumstances should be presented next to the possibility to cancel a package subject to a cancellation fee. In addition, organisers should be obliged to add the standard information form to the contract so that it is available to travellers after the conclusion of the contract, along with contact details of the relevant traders. With the deletion of linked travel arrangements, Annex II should subsequently be deleted.

Or. en

Amendment 74

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/2302

Article 1

Text proposed by the Commission	Amendment
‘The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.	‘The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating and simplifying certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and certain aspects of contracts between organisers of packages and service providers, and specific information requirements in some cases not leading to the creation of a package.

Or. en

Amendment 75

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/2302

Article 1

Text proposed by the Commission	Amendment
The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.	‘The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating and simplifying certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.

Or. en

Amendment 76

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/2302

Article 1

Text proposed by the Commission	Amendment
The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.	The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel as well as certain aspects of contracts between organisers of packages and service providers.

Or. en

Amendment 77

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 1

Directive (EU) 2015/2302

Article 1

Text proposed by the Commission	Amendment
The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel and linked travel arrangements, as well as certain aspects of contracts between organisers of packages and service providers.	The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel, as well as certain aspects of contracts between organisers of packages and service providers.

Or. en

Amendment 78

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive (EU) 2015/2302

Article 2 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.	This Directive applies to:
	- packages sold by traders to travellers;
	- packages organised, on a regular basis, by a professional who also reserves the different services included in these packages with service providers in exchange for monetary remuneration paid by such a professional;
	- specific information requirements for certain situations not leading to the creation of a package.

Or. en

Amendment 79

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive (EU) 2015/2302

Article 2 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.	This Directive applies to packages offered for sale or sold by traders to travellers.

Or. en

Amendment 80

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive (EU) 2015/2302

Article 2 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.	This Directive applies to packages offered for sale or sold by traders to travellers.

Or. en

Amendment 81

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive (EU) 2015/2302

Article 2 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.	This Directive applies to packages offered for sale or sold by traders to travellers facilitated by traders for travellers.

Or. en

Justification

The linked travel arrangements has created more complexity and legal uncertainty, and they are rarely being used in practice. To make it clearer for consumers and businesses, the linked travel arrangements should be deleted throughout the text.

Amendment 82

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 2 a (new)

Directive (EU) 2015/2302

Article 2 – paragraph 2 – point c

Present text	Amendment
	(2a) in Article 2(2), point (c) is replaced by the following:
(c) packages and linked travel arrangements purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.	'(c) packages purchased for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.'

Or. en

Justification

Clarification that business travel is fully excluded from Directive 2015/2302.

Amendment 83

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – introductory part

Text proposed by the Commission	Amendment
‘package’ means a combination of at least two different types of travel services, as defined in point 1, for the purpose of the same trip or holiday, if:	‘package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if:

Or. en

Amendment 84

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b

Text proposed by the Commission	Amendment
(b) irrespective of whether separate contracts are concluded with individual travel service providers, and:	(b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are:

Or. en

Amendment 85

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i

Text proposed by the Commission	Amendment
(i) those services are purchased from a single point of sale and	(i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay,

Or. en

Amendment 86

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 1

Text proposed by the Commission	Amendment
– have been selected before the traveller agrees to pay, or	deleted

Or. en

Amendment 87

Cynthia Ní Mhurchú, Anna-Maja Henriksson, Sandro Gozi, Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Amendment 88

Arba Kokalari, Andreas Schwab, Dimitris Tsiodras, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Justification

The proposed time windows were supposed to clarify the concept of 'package' but only make it more unworkable in practice, as two service providers involved may not know whether the booking took place within the specific time window. This would require extensive consumer tracking.

Amendment 89

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Amendment 90

Peter Agius

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Justification

Justification as per AM1 Recital 7

Amendment 91

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Ernő Schaller-Baross, Jorge Martín Frías, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Amendment 92

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint 2 – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Amendment 93

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Amendment 94

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	deleted

Or. en

Justification

These time limits (3 and 24 hours) clauses would lead to alter the first contract agreed upon by a client for a standalone service. The price, terms and conditions, pre-contractual information, liability of the organisers: all these elements would need to be altered once if and when it’s determined that the first booking becomes a package. Given the multiplicity of booking channels available today, keeping track of reservations would be particularly difficult, especially for small hotel establishments.

Amendment 95

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 2

Text proposed by the Commission	Amendment
– other types of travel services are booked within 3 hours after the traveller agreed to pay for the first travel service, or	– other types of travel services are booked within the same booking process, or

Or. en

Amendment 96

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Amendment 97

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Amendment 98

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Justification

These time limits (3 and 24 hours) clauses would lead to alter the first contract agreed upon by a client for a standalone service. The price, terms and conditions, pre-contractual information, liability of the organisers: all these elements would need to be altered once if and when it’s determined that the first booking becomes a package. Given the multiplicity of booking channels available today would be particularly difficult, especially for small hotel establishments.

Amendment 99

Klara Dostalova, Jaroslav Bžoch, Tomasz Buczek, Ernő Schaller-Baross, Jorge Martín Frías, Sebastian Kruis, Elisabeth Dieringer

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Amendment 100

Arba Kokalari, Andreas Schwab, Dimitris Tsiodras, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Justification

Amendment 101

Peter Agius

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Justification

Justification as per AM1 Recital 7

Amendment 102

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Amendment 103

Cynthia Ní Mhurchú, Anna-Maja Henriksson, Sandro Gozi, Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint i – indent 3

Text proposed by the Commission	Amendment
– other types of travel services are booked within 24 hours after the traveller agreed to pay for the first travel service and if, before the traveller agreed to pay for the first travel service, the trader invited the traveller to subsequently book one or more additional types of travel services, or	deleted

Or. en

Amendment 104

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron, Sebastian Kruis, Ernő Schaller-Baross

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint ii

Text proposed by the Commission	Amendment
(ii) are offered, sold or paid at an inclusive or total price, regardless of any separate billing, or	(ii) are offered, sold or charged at an inclusive or total price, regardless of any separate billing, or

Or. en

Amendment 105

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – point b – subpoint ii

Text proposed by the Commission	Amendment
(ii) are offered, sold or paid at an inclusive or total price, regardless of any separate billing, or	(ii) are offered, sold or charged at an inclusive or total price, or

Or. en

Justification

Clarifying that the traveller cannot create a package by jointly paying for services, but the package shall be charged at an inclusive price.

Amendment 106

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint ii

Text proposed by the Commission	Amendment
(ii) are offered, sold or paid at an inclusive or total price, regardless of any separate billing, or	(ii) offered, sold or charged at an inclusive or total price;

Or. en

Amendment 107

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint 2 – subpoint iii

Text proposed by the Commission	Amendment
(iii) are advertised or sold under the term ‘package’ or under a similar term, or	(iii) advertised or sold under the term ‘package’ or under a similar term,

Or. en

Amendment 108

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint iv

Text proposed by the Commission	Amendment
(iv) are combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or	(iv) are combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of "package-ready" travel services, or

Or. en

Amendment 109

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint iv

Text proposed by the Commission	Amendment
(iv) are combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or	(iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services, or

Or. en

Amendment 110

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint v

Text proposed by the Commission	Amendment
(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.	(v) are purchased from separate traders through linked online booking processes where the traveller’s personal data, through which the traveller can be identified as a contracting party, are transmitted from the trader with whom the first contract is concluded to another trader or other traders and a contract or contracts with the latter trader or traders is or are concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

Or. en

Justification

Clarifications are made to avoid that any shared personal data between traders will lead to the creation of a package, including reintroducing the 24-hour limit as per the current Directive.

Amendment 111

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint v

Text proposed by the Commission	Amendment
(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.	(v) are purchased from separate traders through linked online booking processes where the traveller’s other personal data through which the traveller can be identified as a contracting party are transmitted from the trader with whom the first contract is concluded to another trader or other traders or are concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

Or. en

Amendment 112

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint v

Text proposed by the Commission	Amendment
(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.	(v) purchased from separate traders through linked online booking processes where the traveller’s name, payment details, and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or other traders and a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service.

Or. en

Amendment 113

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint v

Text proposed by the Commission	Amendment
(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.	(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders, at the latest within 24 hours of confirmation of the booking of the first travel service.

Or. ro

Amendment 114

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point a

Directive (EU) 2015/2302

Article 3 – point 2 – subpoint b – subpoint v

Text proposed by the Commission	Amendment
(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address or the traveller’s other personal data are transmitted from the trader with whom the first contract is concluded to another trader or other traders.	(v) are purchased from separate traders through linked online booking processes where the traveller’s name, payment details, e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or other traders.

Or. en

Amendment 115

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 116

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 117

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Jorge Martín Frías, Sebastian Kruis, Virginie Joron

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 118

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi, Anna-Maja Henriksson

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 119

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 120

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(b) point 5 is replaced by the following:	(b) point 5 is deleted
‘(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.’

Or. en

Amendment 121

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 5

Text proposed by the Commission	Amendment
(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded at the latest 24 hours after the confirmation of the booking of the first contract.	(5) linked travel arrangement’ means a combination of different types of travel services, not falling under the definition of a package in point 2, where, a trader which is party to a contract on the provision of a travel service and receives payments by or on behalf of a traveller invites a traveller to book additional type of travel service from another trader for the purpose of same trip or holiday and where a contract on the provision of an additional travel service is concluded before the start of the travel.

Or. en

Amendment 122

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b a (new)

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 12

Present text	Amendment
	(ba) point 12 is replaced by the following:
(12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;	(12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken including, but not limited to: warfare, other serious security problems such as terrorism, significant risks to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract;’

Or. en

Amendment 123

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b a (new)

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 12

Present text	Amendment
	(ba) point 12 is replaced by the following:
(12) ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken;	(12) 'unavoidable and extraordinary circumstances' means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken, including warfare, other serious security problems such as terrorism, significant risk to human health such as the outbreak of a serious disease at the travel destination, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the destination as agreed in the package travel contract.

Or. en

Amendment 124

Sophia Kircher, Arba Kokalari

Proposal for a directive

Article 1 – paragraph 1 – point 3 – point b b (new)

Directive (EU) 2015/2302

Article 3 – paragraph 1 – point 16 a (new)

Text proposed by the Commission	Amendment
	(bb) the following point is added:
	‘(16a) "complementary services" means services that are not considered standalone travel services but rather complement a travel service as defined in points (a), (b), or (c) of point 1, in line with travellers’ expectations; these include luggage transport provided as part of passenger carriage or by an accommodation provider, minor transfers between accommodation and an airport or railway station, meals, beverages, and cleaning services included in accommodation, as well as access to on-site facilities such as swimming pools, the issuance of destination cards and additional on-site services for an all-inclusive price, such as bicycle rentals or sports courses; additionally, unlike cruises, overnight accommodation provided as part of carriage of passengers by road, rail, water, or air falls within this category.’

Or. en

Justification

The list of services outlined in Recital 17 of the current PTD, which are not considered separate travel services, should be explicitly incorporated into the Article. Furthermore, hotel businesses, for instance, provide numerous services that guests naturally expect as part of their accommodation. Therefore, it is essential to clarify the list of services that are inherent to an accommodation and do not constitute package travel. This includes offerings such as destination cards, additional on-site services provided for an inclusive price such as bike rentals or sports courses.

Amendment 125

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point a – subpoint viii

Present text	Amendment
	(-aa) subpoint (viii) is replaced by the following:
(viii) whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller's request, precise information on the suitability of the trip or holiday taking into account the traveller's needs;	"(viii) whether the trip or holiday is generally suitable for persons with disability and reduced mobility and, upon the traveller's request, precise information on the accessibility and suitability of the trip or holiday taking into account the traveller's needs;"

Or. en

Amendment 126

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a b (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point b

Present text	Amendment
	(-ab) point (b) is replaced by the following:
(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;	(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their free-of-charge telephone number and, where applicable, functional e-mail address;

Or. en

Amendment 127

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point -a b (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point b

Present text	Amendment
	(-ab) point (b) is replaced by the following:
(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, e-mail address;	(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their free-of-charge telephone number and, functional e-mail address.

Or. en

Justification

Additional amendment to existing Directive - Article 5 paragraph 1 Point (b) is replaced and amended.

Amendment 128

Arba Kokalari, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(a) point (d) is replaced by the following:	deleted
‘(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a downpayment and the timing for payment of the balance, in accordance with Article 5a, or financial guarantees to be paid or provided by the traveller;;’

Or. en

Amendment 129

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a downpayment and the timing for payment of the balance, in accordance with Article 5a, or financial guarantees to be paid or provided by the traveller;;	(d) the arrangements for payment or financial guarantees to be paid or provided by the traveller;;

Or. en

Amendment 130

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point d

Text proposed by the Commission	Amendment
(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a downpayment and the timing for payment of the balance, in accordance with Article 5a, or financial guarantees to be paid or provided by the traveller;;	(d) the arrangements for payment, including any amount or percentage of the price which is to be paid as a downpayment and the timing for payment of the balance, or financial guarantees to be paid or provided by the traveller; In respect of payments, travellers may also use points or other reward currencies, for example, reward points;

Or. en

Amendment 131

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point f

Present text	Amendment
	(aa) point (f) is replaced by the following:
(f) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;	(f) exhaustive information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination and transit. Changes occurring between the conclusion of the contract and its execution shall be brought to the knowledge of traveller;

Or. en

Amendment 132

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point a a (new)

Directive ( EU) 2015/2302

Article 5 – paragraph 1 – point f

Present text	Amendment
	(aa) point (f) is replaced by the following:
(f) general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination;	‘(f) exhaustive information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination and transit. Changes occurring between the conclusion of the contract and its execution shall be brought to the knowledge of traveller.’

Or. en

Justification

New amendment to the Directive adding point f (new) in Article 5 paragraph 1.

Amendment 133

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point h a (new)

Text proposed by the Commission	Amendment
	(ba) the following point is added:
	’(ha) information that the traveller is buying a package and an explanation of the protection given to travellers after the conclusion of the contract as provided for in this Directive.'

Or. en

Amendment 134

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 4 – point b b (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 – point h b (new)

Text proposed by the Commission	Amendment
	(bb) the following point is added:
	"(hb) in online booking situations that do not lead to the creation of the package within the meaning of Article 3, point (2), but where a trader invites a traveller to conclude, after the conclusion of a first contract, an additional contract on a different type of travel service for the same trip or holiday, the first trader shall inform the traveller, when making such invitation, that the relevant travel services will not constitute a package. That notice shall state in a comprehensible manner that the traveller will not benefit from any of the rights applying exclusively to packages under this Directive and that each trader will be solely responsible for the proper contractual performance of its service.'

Or. en

Amendment 135

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	(4a) in Article 5, the following paragraph is inserted:
	‘1a. In booking situations that do not lead to the creation of a package within the meaning of Article 3, point (2) but where a trader invites a traveller to conclude, after the conclusion of a first contract, an additional contract on a different type of travel service for the same trip, the first trader shall inform the traveller, when making such invitation, by a clearly visible notice, that the relevant services will not constitute a package.
	That notice shall be stated in a clear, comprehensible and prominent manner that the traveller will not benefit from any of the rights applying exclusively to packages under this Directive and that each trader will be solely responsible for the proper contractual performance of its service.’

Or. en

Amendment 136

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 4 a (new)

Directive (EU) 2015/2302

Article 5 – paragraph 3

Present text	Amendment
	(4a) in Article 5, paragraph 3 is replaced by the following:
3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner. Where such information is provided in writing, it shall be legible.	‘3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner and in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive 2019/882. Where such information is provided in writing, it shall be legible.’

Or. en

Amendment 137

Arba Kokalari, Dimitris Tsiodras, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’

Or. en

Justification

The limitation of prepayments puts a disproportionate burden on SME's and disregards the cash flow of package travel companies and their need to pay service providers. This will make it more difficult to offer attractive packages and flexible payment plans, with the risk of rising prices.

Amendment 138

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Jorge Martín Frías, Sebastian Kruis, Filip Turek

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’

Or. en

Justification

We suggest to delete art. 5a since there are less burdening measures to lower the risk for travellers then to drastically limit the cash flow of organisers. Limiting the cash flow would negatively impact service providers, as well. The whole service chain would be negatively impacted. Very sensitive for SMEs. Moreover, current wording of art. 17 already takes into a consideration of downpayments and time before the start of the package. Thus article 5a would double the regulation of the same interest which is to protect the money of travellers.

Amendment 139

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’

Or. en

Amendment 140

Peter Agius

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’

Or. en

Justification

An obligation for a maximum downpayment of 25% is contrary to the freedom of contract, against the interest of the consumer which may benefit from much better prices and severely prejudicing cash flow for enterprises especially SMEs which would see a significant prejudice to their operations with such a provision.

Amendment 141

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi, Anna-Maja Henriksson, Jeannette Baljeu

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’

Or. en

Amendment 142

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a

Text proposed by the Commission	Amendment
(5) the following Article 5a is inserted:	deleted
‘Article 5a
Payments
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking. ’

Or. en

Justification

The introduction of a limitation on downpayments will severely distort the travel market and will in particular affect small and medium-sized enterprises. Large-scale liquidity problems will emerge in the travel sector as a whole if a limitation on downpayments is introduced. With the introduction of clear B2B refund rules, and clear provisions around insolvency protection and refunds to customers, this proposal on the revision of the Package Travel Directive puts in place all the necessary elements to safeguard consumers’ money.

Amendment 143

Adnan Dibrani, Maria Guzenina, Christel Schaldemose

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking. Businesses below the SME threshold of 250 employees shall be exempted from requesting higher downpayments when necessary to ensure the organisation and the performance of the package and from justifying the need.

Or. en

Justification

SMEs face cash flow challenges during low seasons due to limited reserves and financing access. Exempting companies with under 250 employees prevents liquidity issues, helping maintain jobs and business stability.

Amendment 144

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking.’.	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking or any other specific package-like circumstances with non-reimbursable components (e.g. airline tickets, promotional tariffs) that allow higher downpayments, justified by sales contracts, to be requested.’.

Or. ro

Amendment 145

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States may, in accordance with national provisions, introduce limitations to pre-payments. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking. Organisers may offer to accept higher or full pre-payments if the traveller expressly wishes to do so. This shall be entirely voluntary and only offered as an additional option. Traders shall refrain from incentivizing consumers to choose full prepayments.

Or. en

Amendment 146

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), the organiser or, where applicable, the retailer shall not request downpayments exceeding 20% of the total price of the package and shall not request the remaining payment earlier than 7 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments only where this is duly justified due to the expenditures present at the time of the conclusion of the contract.
	Obligations under this Article shall enter into application as of 1 January [of the 5th year following the entry into application of this Directive].

Or. en

Amendment 147

Elisabeth Grossmann

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 20 % of the total price of the package and shall not request the remaining payment earlier than 20 days before the start of the package. Customer funds may be accepted no earlier than eleven months before the agreed end of the trip.
	Member States may decide to require retailers, that an amount to be paid by the traveller in accordance with this provision shall be put in a trusted account to hold and secure consumers' pre-payments until the start of the package.

Or. en

Justification

The advance payments to be made by tour operators or agents are largely due to the advance payment practices in the airline sector, and this circumstance should not be transferred to consumers. Instead, this could be addressed, for example, with uniform advance payment restrictions. An appropriate adjustment could be incorporated into the regulations of Article 22 for the B2B sector.

Amendment 148

Hanna Gedin

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 7 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 20% of the total price of the package and shall not request the remaining payment earlier than 7 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments only where this is necessary due to the expenditures present at the time of the conclusion of the contract.

Or. en

Amendment 149

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 25% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..	Member States shall ensure that, except for packages as defined in Article 3, point (2)(b)(iv), and packages booked less than 28 days before the start of the package, the organiser or, where applicable, the retailer shall not request downpayments exceeding 20% of the total price of the package and shall not request the remaining payment earlier than 28 days before the start of the package. The organiser, or where applicable, the retailer may request higher downpayments where this is necessary to ensure the organisation and the performance of the package. The downpayments may cover advance payments to providers of services included in the package and costs incurred by the organiser, or where applicable the retailer, specifically in relation to the organisation and performance of the package insofar as it is necessary to cover those costs at the time of booking..

Or. en

Amendment 150

Virginie Joron, Elisabeth Dieringer

Proposal for a directive

Article 1 – paragraph 1 – point 5

Directive (EU) 2015/2302

Article 5 a – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	The Member States shall ensure that no airline or travel agency introduces a system similar to Ryanair’s penalties or payments for ‘late check-in’, ‘check-in at the airport’ or ‘fast-track security’. These illegitimate profits penalise vulnerable travellers in particular (the elderly or disabled, families with young children, etc.) and must be discouraged.

Or. fr

Amendment 151

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point -a (new)

Directive (EU) 2015/2302

Article 7 – paragraph 1

Present text	Amendment
	(-a) paragraph 1 is replaced by the following:
Member States shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.	‘1. Member States shall ensure that package travel contracts are in accessible formats in accordance with the accessibility requirements set out in Annex I of Directive (EU) 2019/882, in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.’

Or. en

Amendment 152

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point a

Directive (EU) 2015/2302

Article 7 – paragraph 2 – point b – subpoint i

Text proposed by the Commission	Amendment
(i) that the organiser is responsible for the proper performance of all travel services included in the contract in accordance with Article 13, for any refunds due to the termination of or changes to a contract, and for providing assistance if the traveller is in difficulty in accordance with Article 16;	(i) that the organiser is responsible for the proper performance of all travel services included in the contract in accordance with Article 13, for any refunds due to the termination of or changes to a contract, where there is a refund right, and for providing assistance if the traveller is in difficulty in accordance with Article 16;

Or. en

Amendment 153

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b

Directive (EU) 2015/2302

Article 7 – paragraph 2 a

Text proposed by the Commission	Amendment
2a. The relevant information form set out in Annex I shall be attached to the contract. The contract shall contain a clear reference to that information form.	2a. The relevant information form set out in Annex I shall be attached to the contract or made available electronically at the time of concluding the contract. The contract shall contain a clear reference to that information form.

Or. en

Amendment 154

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b

Directive (EU) 2015/2302

Article 7 – paragraph 2 a

Text proposed by the Commission	Amendment
2a. The relevant information form set out in Annex I shall be attached to the contract. The contract shall contain a clear reference to that information form..	2a. The relevant information form set out in Annex I shall be attached to the contract or made available electronically at the time of concluding the contract. The contract shall contain a clear reference to that information form.

Or. en

Amendment 155

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Filip Turek, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 6 – point b a (new)

Directive (EU) 2015/2302

Article 7 – paragraph 2 b (new)

Text proposed by the Commission	Amendment
	(ba) the following paragraph is inserted:
	"2b. Subject to Article 23, in online booking situations that do not lead to the creation of a package within the meaning of Article 3, point (2) but where a trader invites a traveller to conclude, after the conclusion of a first contract, an additional contract on a different type of travel service for the same trip or holiday, the first trader shall inform the traveller, when making such invitation, by a clearly visible notice, that the relevant travel services will not constitute a package. That notice shall be stated in a clear, comprehensible and prominent manner that the traveller will not benefit from any of the rights applying exclusively to packages under this Directive and that each trader will be solely responsible for the proper contractual performance of its service.’

Or. en

Justification

In order to avoid misunderstanding of the traveller when purchasing online travel services he should be given in advance (before he agrees to pay) clear and comprehensible information on legal nature of those services. Thus, making the traveller informed and possessing all necessary information to decide on purchase.

Amendment 156

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point -a (new)

Directive (EU) 2015/2302

Article 12 – paragraph 1

Present text	Amendment
	(-a) paragraph 1 is replaced by the following:
1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services. At the traveller's request the organiser shall provide a justification for the amount of the termination fees.	'1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under his paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable termination fees based on the time of termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services. The organiser shall include a specification of the amount of the termination fees in the contract. Those termination fees shall be determined in accordance with the terms specified therein.'

Or. en

Amendment 157

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point -a (new)

Directive (EU) 2015/2302

Article 12 – paragraph 1

Present text	Amendment
	(-a) paragraph 1 is replaced by the following:
1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services. At the traveller's request the organiser shall provide a justification for the amount of the termination fees.	‘1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package. The organiser shall provide a justification for the amount of the termination fees.’

Or. en

Amendment 158

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Filip Turek, Sebastian Kruis, Jorge Martín Frías

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
(a) paragraph 2 is replaced by the following:	deleted
‘2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.’

Or. en

Justification

Current wording with ECJ interpretation gives the traveller respective high level of consumer protection.

Amendment 159

Cynthia Ní Mhurchú

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be reasonably expected that the package travel contract will be significantly affected by unavoidable and extraordinary circumstances.

Or. en

Amendment 160

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity or objectively affecting the journey to the destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 161

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, where such circumstances significantly affect the performance of the package. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.’

Or. en

Amendment 162

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, where such objective circumstances significantly affect the performance of the package. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 163

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances occurring at the place of departure, the travel destination or its immediate vicinity. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 164

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances occurring at the place of departure, the travel destination or its immediate vicinity and affecting the journey to the destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 165

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, or affecting the journey to the destination, and significantly affecting:
	(a) the performance of the services included in the package travel contract, or;
	(b) the carriage of passengers to the destination, where carriage of the traveller is included in the package travel contract.
	If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 166

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a

Directive (EU) 2015/2302

Article 12 – paragraph 2

Text proposed by the Commission	Amendment
2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the travel destination or its immediate vicinity, at the place of the traveller’s residence or departure or affecting the journey to the destination, where such circumstances significantly affect the performance of the package. The traveller may terminate the contract where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.	2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can be reasonably expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances:
	(a) occurring at the place of departure or affecting the carriage to the destination, if in both cases passenger transport is contractually owed, or
	(b) occurring at the travel destination or its immediate vicinity.
	If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

Or. en

Amendment 167

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point a a (new)

Directive (EU) 2015/2302

Article 12 – paragraph 3

Present text	Amendment
	(aa) in paragraph 3, the introductory part is replaced by the following:
3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:	’The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, or in a non-binding manner offer substantially the same package through alternative carriers and transport modes, or an alternative travel service to replace the original package, or components of that package. The organiser shall not be liable for additional compensation, if:’

Or. en

Amendment 168

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Jorge Martín Frías, Filip Turek, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
(b) the following paragraph 3a is inserted:	deleted
‘3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.’

Or. en

Justification

Deletion of the whole paragraph 3a – too strict, too rigid, burdensome. Current wording of PTD plus ECJ rulings are protecting travellers sufficiently. The extension of termination rights to include the traveller’s residence or departure could be problematic. The organiser can still perform the package even there are disruptions in the place of traveller residence (e.g. strikes, extreme weather conditions, wars, terrorist attacks).

Amendment 169

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
(b) the following paragraph 3a is inserted:	deleted
3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.

Or. en

Amendment 170

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
(b) the following paragraph 3a is inserted:	deleted
3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.

Or. en

Justification

Given the lack of uniformity among the authorities issuing notifications, official warnings should not be taken into account. It is essential to clearly specify which authority is responsible for declaring a state of emergency in the destination country, and that this authority should be based exclusively in the country of departure.

Amendment 171

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.	3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. Where the traveller had been duly informed about the official warnings and travel restrictions by the organiser, and nonetheless proceeded with a booking, the traveller shall assume the financial risk in the event of a termination.

Or. en

Amendment 172

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified..	3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. This provision shall not apply where the traveller can be reasonably expected to have known of official warnings and travel restrictions prior to the booking, but still proceeded with the booking.

Or. en

Amendment 173

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
(3a) Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified.’.	(3a) Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified. The authorities of the Member State issuing the official travel warnings must provide justification of the significant impact on the performance of packages.’.

Or. ro

Amendment 174

Cynthia Ní Mhurchú, Jeannette Baljeu

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point b

Directive (EU) 2015/2302

Article 12 – paragraph 3 a

Text proposed by the Commission	Amendment
3a. Official warnings against travel to a particular destination issued by the authorities of the Member State of departure or traveller’s residence or the country of destination, or the fact that travellers will be subject to serious restrictions at the travel destination or in the Member State of residence or departure after returning from the trip or holiday, shall be important elements to be taken into account in the assessment of whether a termination of the contract based on paragraph 2 and paragraph 3, point (b), is justified..	3a. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation..’

Or. en

Amendment 175

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the contractual fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and not later than 14 days after the package travel contract is terminated and the traveller has requested a refund. Where the traveller's payment details are no longer valid, the organiser shall make a refund or reimbursement no later than 14 days after the traveller has submitted the payment details. In unavoidable and exceptional circumstances, such as the case with mass cancellations during a pandemic, the organiser shall make such refunds or reimbursements without undue delay.

Or. en

Amendment 176

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the standardised termination fee. The organiser shall automatically make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 21 days after the package travel contract is terminated. In case more than 50% of its outstanding packages are terminated at once due to extraordinary and unavoidable circumstances, the organiser shall automatically make any refunds not later than 6 months after the package travel contract is terminated.

Or. en

Amendment 177

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron, Jorge Martín Frías, Filip Turek, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’ In case of unavoidable and extraordinary circumstances that occur globally or internationally, refunds or reimbursements to the traveller shall be provided up to 28 days after the package travel contract is terminated.

Or. en

Justification

Inserting last sentence to first subparagraph would give a real world time frame for organisers to act in circumstances of major force majeure. Refund and reimbursement in 4weeks time is much more realistic time frame in which the organiser can satisfy all subjected request for refunds and reimbursements thus avoiding complaints.

Amendment 178

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee, if it has received the sums paid in advance to providers relating to that package and only if the traveller specifically asks for a refund.’ If the traveller does not request a refund, the sums paid shall be converted into vouchers.

Or. ro

Amendment 179

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package, including processing fees, minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’

Or. en

Amendment 180

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’	The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 30 days after the package travel contract is terminated, regardless of whether the traveller specifically asks for a refund.’

Or. en

Amendment 181

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Filip Turek, Virginie Joron, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 7 – point c

Directive (EU) 2015/2302

Article 12 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made within the time period laid down in the first subparagraph, following the termination of package travel contracts in accordance with paragraphs 2 and 3, they shall inform the Commission and the central contact points of the other Member States, referred to in Article 18(2) about those mechanisms. Any co-financing of such mechanisms by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.	Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made within the time period laid down in the first subparagraph, following the termination of package travel contracts in accordance with paragraphs 2 and 3, they shall inform the Commission and the central contact points of the other Member States, referred to in Article 18(2) about those mechanisms.

Or. en

Justification

Deletion of the last sentence of paragraph 4. Any stipulation that leads to the use of state budget to co-finance refunds should be avoided. Financial means of the state budget, meaning money of all taxpayers (including those who do not travel on package tours) must cover priorities of public spending such as social security, safety, health system, educational system, public sector etc.

Amendment 182

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Jorge Martín Frías, Filip Turek, Ernő Schaller-Baross, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund.	1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher corresponding at least to the amount of the refund to which the traveller is entitled (the traveller’s refund right) instead of a refund. Travellers may use the voucher for any travel service offered by the organiser. The organiser may offer a voucher of a higher value than the traveller’s refund right.

Or. en

Justification

to give the traveller a possibility to use vouchers for a larger variety of services, just like standalone services instead of a package. In order to make vouchers more attractive it is reasonable to give the traveller the liberty to use the voucher for purchasing any services – not only packages – even standalone tickets if they are offered by the organiser.

Amendment 183

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 1

Text proposed by the Commission	Amendment
(1) Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund.	(1) Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund. The voucher may be in electronic form and may also be issued as an advance invoice in the traveller’s name which indicates the amount in question, usable for a future package, and which is payable within 12 months.

Or. ro

Amendment 184

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 1

Text proposed by the Commission	Amendment
1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund.	1. Member States shall ensure that, where a contract is terminated pursuant to Articles 10, 11 or 12, the organiser may give the traveller the choice to accept a voucher which can be used for a future package instead of a refund. The organiser may offer a voucher of a higher value than the traveller's refund right.

Or. en

Amendment 185

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. The traveller’s consent shall not be considered given by default and before issuing the traveller with a voucher, the organiser shall always seek the express consent of the traveller to a voucher.

Or. en

Amendment 186

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point a

Text proposed by the Commission	Amendment
(a) the fact that the traveller is entitled to a refund within 14 days and is not obliged to accept a voucher,	(a) the fact that the traveller is entitled to a refund within 21 days and is not obliged to accept a voucher,

Or. en

Amendment 187

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point a a (new)

Text proposed by the Commission	Amendment
	(aa) the value of the voucher,

Or. en

Amendment 188

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point a b (new)

Text proposed by the Commission	Amendment
	(ab) the fact that the voucher may be used in full or in part and that it may be used for any travel services proposed by the travel organiser,

Or. en

Amendment 189

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point a c (new)

Text proposed by the Commission	Amendment
	(ac) the fact that the voucher may be transferred once;

Or. en

Amendment 190

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the fact that the voucher may be used for any travel service offered by the organiser and that, if the voucher is used to book a single travel service, that contract would not be covered by the insolvency protection provided for in this Directive;

Or. en

Justification

To enable the traveller make a qualified decision of a type of voucher (whether on standalone service or package) he should be informed that if vouchers are used for purchase of standalone services, these contract won’t be covered by insolvency protection unlike the package contracts. Traveller must be informed that he can use the voucher in parts and transfer without a fee only once. Also information on redeeming the value of voucher after the end of validity.

Amendment 191

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) what is covered by the voucher, specifying the conditions attached and that these will not change during the validity period of the voucher;

Or. es

Amendment 192

Cynthia Ní Mhurchú, Sandro Gozi, Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point b a (new)

Text proposed by the Commission	Amendment
	(ba) the fact that the voucher may be transferred once, and without any fee

Or. en

Amendment 193

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 – point b b (new)

Text proposed by the Commission	Amendment
	(bb) the additional rights acquired by the traveller by virtue of the voucher request.

Or. es

Amendment 194

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 – paragraph 2 – point b c (new)

Text proposed by the Commission	Amendment
	(bc) the fact that the traveller may redeem the voucher in parts;

Or. en

Justification

Amendment 195

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 – paragraph 2 – point b c (new)

Text proposed by the Commission	Amendment
	(bc) the fact that the voucher may be transferred once, and without any fee;

Or. en

Justification

Amendment 196

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 – paragraph 2 – point b d (new)

Text proposed by the Commission	Amendment
	(bd) the fact that if the voucher or part of it has not been redeemed, the traveller is entitled to a reimbursement of the remaining amount of the refund right within 14 days after the end of the validity period, without the need for any prior request.

Or. en

Justification

Amendment 197

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	2a. This information should be shared through digital communication channels in a proactive, automatic manner customised to the traveller by the organiser.

Or. es

Amendment 198

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 3

Text proposed by the Commission	Amendment
3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher on a higher amount.	3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher on a higher amount and should ensure that the conditions of carriage are maintained during the validity period of the voucher.

Or. es

Justification

It has been observed, in situations such as the COVID-19 crisis, that the prices of travel services can fluctuate over time without any guarantee that the trip initially purchased by the traveller has the same value after several months. It is essential to ensure that the conditions of carriage such as the class in which the traveller travels, the travel itinerary (stops) or the category of hotel, among others, are maintained.

Amendment 199

Virginie Joron, Elisabeth Dieringer, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 3

Text proposed by the Commission	Amendment
3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher on a higher amount.	3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher for a higher amount, to encourage consumers to use their voucher more quickly for instance.

Or. fr

Amendment 200

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 3

Text proposed by the Commission	Amendment
3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher on a higher amount.	3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher of a higher total value.

Or. en

Amendment 201

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. For travellers who opt for a voucher, the organiser should offer an alternative that, at least, meets their needs in the choice of travel services. In addition, these travellers should have priority in their choice of travel services.

Or. es

Justification

Travellers who opt for a voucher should not be restricted when choosing travel services because they redeem the service with a voucher. In addition, such travellers should be able to choose their travel services as a matter of priority.

Amendment 202

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. Vouchers shall be usable for all travel services proposed by the organiser.

Or. en

Amendment 203

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 4

Text proposed by the Commission	Amendment
4. Travellers shall lose their right to a refund during the validity period of the voucher only if they accept the voucher instead of a refund explicitly and in writing. The parties may at any time agree on a full refund before a voucher is redeemed or expires.	4. Travellers shall lose their right to a refund during the validity period of the voucher after accepting the voucher on a durable medium. The parties may at any time agree on a full or partial refund before a voucher is redeemed or expires.

Or. en

Amendment 204

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In unavoidable and exceptional circumstances, Member States may give the organiser the right to issue vouchers to the traveller instead of a refund.

Or. en

Justification

As was the case during the Covid-19 pandemic with mass cancellations, some Member States opted for this solution since companies were struggling with liquidity and could not make all refunds on time. This amendment clarifies that as a rule vouchers should be voluntary, but Member States may give the right to issue vouchers in unavoidable and exceptional circumstances.

Amendment 205

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 5

Text proposed by the Commission	Amendment
5. Vouchers shall have a validity period of a maximum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties.	5. Vouchers shall have a validity period of a minimum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties. Travellers shall have the right to request a refund after the end of the validity period.

Or. en

Amendment 206

Cynthia Ní Mhurchú, Sandro Gozi, Anna-Maja Henriksson, Jeannette Baljeu

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller. If the voucher is partially redeemed, the organiser shall refund the remaining amount of the voucher as soon as possible and at the latest within 14 days after the partial redemption of the voucher, without the need of any prior request by the traveller.

Or. en

Amendment 207

Maria Grapini

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
(6) If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	(6) If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible, and at the latest within 14 days after the end of the validity period. At the express request of the traveller, and if the traveller does not expressly request this, the amounts shall be transferred to a new voucher.

Or. ro

Amendment 208

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days upon the request of the traveller.

Or. en

Justification

The organiser should be required to refund the amount specified in the voucher upon the traveller’s request, rather than automatically. It is not feasible for organisers to track the expiry dates of all issued vouchers and process refunds without any action from the traveller. This adjustment would ensure a proportionate approach that balances consumer rights with the operational realities of businesses.

Amendment 209

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount corresponding to the traveller's refund rights as soon as possible and at the latest within 14 days after the end of the validity period, following the traveller's request for a refund.

Or. en

Amendment 210

Andreas Schwab

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 calendar days after the end of the validity period without the need of any prior request by the traveller.

Or. en

Amendment 211

Svenja Hahn

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 21 days after the end of the validity period without the need of any prior request by the traveller.

Or. en

Amendment 212

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 6

Text proposed by the Commission	Amendment
6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.	6. If the voucher is not redeemed within its validity period, the organiser shall refund the amount specified in the voucher as soon as possible and at the latest within 30 days after the end of the validity period, upon the traveller's request for a refund.

Or. en

Amendment 213

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 7

Text proposed by the Commission	Amendment
7. Vouchers shall be transferable to another traveller without any additional cost.	7. Vouchers shall be transferable once to another traveller without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher and provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. The new recipient of the voucher shall be obliged to confirm receipt of the voucher. If the traveller chooses to transfer the voucher more than once, the organiser shall be entitled to charge a reasonable fee corresponding to the administrative cost.
	Vouchers shall be usable for all travel services proposed by the organiser and travellers may use vouchers for one or more services offered by organisers and in parts on different occasions.

Or. en

Amendment 214

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 7

Text proposed by the Commission	Amendment
7. Vouchers shall be transferable to another traveller without any additional cost.	7. Vouchers shall be transferable to another traveller only once without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher and provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. If the traveller chooses to transfer the voucher more than once, the organiser shall be entitled to charge a reasonable fee corresponding to the administrative cost. The voucher shall be marked as transferred for ease of traceability.

Or. en

Amendment 215

Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 7

Text proposed by the Commission	Amendment
7. Vouchers shall be transferable to another traveller without any additional cost.	7. Vouchers may be transferred once. Organisers may not charge any fee for the transfer. The transfer shall be valid only if the traveller who transfers the voucher informs the organiser of the transfer and provides the transferee’s personal data on a durable medium, necessary to redeem the voucher or to receive a refund at the end of its validity period.

Or. en

Amendment 216

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 7

Text proposed by the Commission	Amendment
7. Vouchers shall be transferable to another traveller without any additional cost.	7. Vouchers shall be transferable to another traveller once. Organisers may not charge any fee for the transfer. The transfer shall be valid only if the traveller who transfers the voucher informs the organiser of the transfer and provides the transferee's personal data on a durable medium.

Or. en

Justification

The voucher should be transferable and the transfer of the voucher should be free to make it easier for the consumer to use the voucher. To avoid too much administrative burden and consumer tracking, the voucher shall be transferable only once and the traveller should provide the transferee's personal data.

Amendment 217

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 7

Text proposed by the Commission	Amendment
7. Vouchers shall be transferable to another traveller without any additional cost.	7. Vouchers may be transferred once to another traveller without any additional cost.

Or. en

Amendment 218

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Virginie Joron, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. In case of unavoidable and extraordinary circumstances that occur globally or internationally as confirmed by a respective UN agency and cumulatively in the situation where refunds from third country service providers are not provided to organisers within 7 days according to Article 22(2), Member States may introduce a national law by which refunds can be replaced by vouchers. Replacing refunds with vouchers shall not be possible in respect of travellers who are considered vulnerable due to their low income or other social and health conditions.

Or. en

Justification

Inserting new paragraph 10 – to give MSs possibility to adopt a regulation which would make vouchers mandatory providing two cumulative conditions are met 1) global force majeure approved by UN agency, 2) refunds from third country service providers not being provided to organisers. In this case mandatory vouchers could be issued only by organisers who have not received payments from third country service providers. To reflect on social aspect, vulnerable groups of travellers (such as seniors, low income people, one parent family, etc.) must always be entitled to get refunds in money.

Amendment 219

Hanna Gedin

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. If the voucher is not fully redeemed within the validity period, the organiser shall refund the remaining amount as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.

Or. en

Amendment 220

Peter Agius

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. In situations of unavoidable and extraordinary circumstances, Member States may decide to allow for a temporary period allowing the provision of mandatory vouchers by organisers to ensure the protection of the cash flow of enterprises, especially SMEs.

Or. en

Justification

To be consistent with AM3 Recital 16a.

Amendment 221

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. Travellers may use vouchers for one or more services offered by the organisers.

Or. en

Amendment 222

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. Vouchers shall be usable for all travel services proposed by the organiser.

Or. en

Amendment 223

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 a (new)

Text proposed by the Commission	Amendment
	8a. Vouchers shall be usable for all travel services proposed by the organiser.

Or. en

Amendment 224

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 b (new)

Text proposed by the Commission	Amendment
	8b. Travellers may use vouchers for one or more services offered by organisers. If the voucher is not fully redeemed within its validity period, the organiser shall refund the remaining amount as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.

Or. en

Amendment 225

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 8

Directive (EU) 2015/2302

Article 12 a – paragraph 8 b (new)

Text proposed by the Commission	Amendment
	8b. Travellers may use vouchers for one or more services offered by organisers. If the voucher is not fully redeemed within its validity period, the organiser shall refund the remaining amount as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller.

Or. en

Amendment 226

Adnan Dibrani, Maria Guzenina, Christel Schaldemose

Proposal for a directive

Article 1 – paragraph 1 – point 8 a (new)

Directive (EU) 2015/2302

Article 14 – paragraph 5

Present text	Amendment
	(8a) in Article 14, paragraph 5 is replaced by the following:
5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009 of the European Parliament and of the Council, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011, and under international conventions. Travellers shall be entitled to present claims under this Directive and under those Regulations and international conventions. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under those Regulations and international conventions shall be deducted from each other in order to avoid overcompensation.	5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009 of the European Parliament and of the Council, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011, and under international conventions. Compensation under this Directive and under those Regulations and international conventions shall be paid automatically to the traveller by the organiser. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under those Regulations and international conventions shall be deducted from each other in order to avoid overcompensation.

Or. en

Justification

We propose automatic compensation for delayed or cancelled planned trips to ensure stronger consumer protection and reduce the administrative burden on travellers. Many passengers struggle to claim their rightful compensation due to complex procedures and lack of information. An automatic system would enhance fairness, improve compliance with passenger rights, and create incentives for companies to minimise disruptions.

Amendment 227

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of organisers’ insolvency. This shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency or where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the amount of payments received from the traveller. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repatriation. Continuation of the package may be offered.	1. Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of organisers’ insolvency. This shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency or where a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the amount of the traveller's refund rights. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repatriation. Continuation of the package may be offered.

Or. en

Amendment 228

Arba Kokalari, Andreas Schwab, Dimitris Tsiodras, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	1a. Member States shall ensure that, in case of an organiser's insolvency, travellers are informed without undue delay.

Or. en

Amendment 229

Klara Dostalova, Jaroslav Bžoch, Elisabeth Dieringer, Tomasz Buczek, Filip Turek, Sebastian Kruis

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection, and may, if necessary, require a second level of protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.	3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection, and may, if necessary, require a second level of protection.

Or. en

Justification

Deletion of last sentence of paragraph 3, any notion on financial means from state/public budgets must be avoided. Financial means of the state budget, meaning money of all taxpayers (including those who do not travel on package tours) must cover priorities of public spending such as social security, safety, health system, educational system, public sector etc.

Amendment 230

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection, and may, if necessary, require a second level of protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.	3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory, monitor the market for the provision of insolvency protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

Or. en

Amendment 231

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6

Text proposed by the Commission	Amendment
6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request.	6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request. To activate the protection, travellers shall provide the package travel contract as well as proof of payment made to the organiser or, where applicable, retailers. This shall be sufficient for the traveller to request a refund.

Or. en

Amendment 232

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6

Text proposed by the Commission	Amendment
6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request.	6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request. To activate the protection, travellers shall provide the package travel contract as well as proof of payment made to the organiser or, where applicable, retailers.

Or. en

Amendment 233

Inese Vaidere

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6

Text proposed by the Commission	Amendment
6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request.	6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within nine months after the traveller has submitted the documents necessary to examine the request. Proof of a concluded contract or a confirmation of booking and a proof of the payment made to the organiser, or where applicable retailer, shall be considered sufficient for the traveller to request a refund.

Or. en

Justification

The extended refund deadline from three months to nine months will to allow sufficient time for effective control, verification of claims, and completion of the refund procedure. A longer timeframe is necessary to ensure both consumer protection and proper administrative handling, especially in large-scale insolvency cases.

Amendment 234

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6

Text proposed by the Commission	Amendment
6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request.	6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within three months after the traveller has submitted the documents necessary to examine the request. Each Member State may establish the list of documents that the traveller shall submit for the examination of his or her request.

Or. en

Amendment 235

Cynthia Ní Mhurchú, Svenja Hahn, Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 9

Directive (EU) 2015/2302

Article 17 – paragraph 6 a (new)

Text proposed by the Commission	Amendment
	6a. Member States shall ensure that, in case of an organiser’s insolvency, travellers are informed without undue delay and through appropriate communication channels at least about:
	(a) the fact of the organiser’s insolvency;
	(b) the name and contact details of the entity providing insolvency protection; and
	(c) their rights in relation to packages that have already started or that can still be performed.

Or. en

Amendment 236

Cynthia Ní Mhurchú, Sandro Gozi

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2015/2302

Article 18 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission.	2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. Each Member State shall create an inventory listing all traders allowed to sell packages in their territory and the respective identity of the entity in charge of the insolvency protection. These inventories shall be public and accessible and shall facilitate the cooperation between the contact points designated by the Member States. The Commission shall maintain an up-to-date list of all the inventories on a web page, which shall refer to the websites of Member States’ contact points.

Or. en

Amendment 237

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 10

Directive (EU) 2015/2302

Article 18 – paragraph 2

Text proposed by the Commission	Amendment
2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission.	2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States and to exchange information in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. The Commission shall centralise information related to insolvency protection schemes and central contact points, and make it available to the public on its website.

Or. en

Amendment 238

Arba Kokalari, Andreas Schwab, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19

Text proposed by the Commission	Amendment
(11) Article 19 is replaced by the following:	deleted
‘Article 19
Insolvency protection and information requirements for linked travel arrangements
1. For linked travel arrangements, as defined in Article 3(5), Member States shall ensure that traders which invite travellers to conclude a contract on a different type of travel service shall provide security for the refund of all payments they receive from travellers. If such traders are responsible for the traveller’s return journey, the security shall also cover the traveller’s repatriation. The second subparagraph of Article 17(1), Article 17(2) to (6) and Article 18 shall apply mutatis mutandis.
2. When inviting the traveller to conclude a contract on a different type of travel service, the trader, including where it is not established in a Member State but, by any means, directs such activities to a Member State, shall provide the traveller with the relevant standard information form set out in Annex II, completed as appropriate. The form shall be provided in a clear and prominent manner.
3. Where traders do not comply with the requirements set out in paragraphs 1 and 2 of this Article, the rights and obligations laid down in Articles 9 and 12 and Chapter IV shall apply in relation to the travel services included in the linked travel arrangement.
4. Where a linked travel arrangement is formed, the trader which concludes a contract on a different type of travel service shall inform the trader which invited the traveller to conclude such contract on this fact.’

Or. en

Amendment 239

Pablo Arias Echeverría

Proposal for a directive

Article 1 – paragraph 1 – point 11

Directive (EU) 2015/2302

Article 19 – paragraph 2

Text proposed by the Commission	Amendment
2. When inviting the traveller to conclude a contract on a different type of travel service, the trader, including where it is not established in a Member State but, by any means, directs such activities to a Member State, shall provide the traveller with the relevant standard information form set out in Annex II, completed as appropriate. The form shall be provided in a clear and prominent manner.	2. When inviting the traveller to conclude a contract on a different type of travel service, the trader, including where it is not established in a Member State but, by any means, directs such activities to a Member State, shall provide the traveller with the relevant standard information form set out in Annex II, completed as appropriate. The form shall be provided in a clear and prominent manner. The trader shall issue clear and prominent communication in a proactive and automatic manner through digital communication channels in order to provide the traveller with all personalised information regarding their rights in relation to the incident affecting their journey.

Or. es

Amendment 240

Peter Agius

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive (EU) 2015/2302

Article 22 – paragraph 2

Text proposed by the Commission	Amendment
(2) Member States shall ensure that, when a service provider cancels a service that is part of a package or fails to provide it, that service provider shall refund to the organiser any payments made by the organiser for the service within 7 days. The 7-day period shall start on the day following the cancellation of the service or the day when the service was due to be performed, whichever is the earlier date.	(2) Member States shall ensure that, when a service provider cancels a service that is part of a package or fails to provide it, that service provider shall refund to the organiser any payments made by the organiser for the service within 7 days. The 7-day period shall start on the day following the cancellation of the service or the day when the service was due to be performed, whichever is the earlier date. This provision may be suspended by Member States in cases where travel services are cancelled due to unavoidable and extraordinary circumstances, for example related to obligatory quarantine requirements against the spread of contagious diseases.

Or. en

Justification

To be consistent with AM2 Recital 15. Same justification applies.

Amendment 241

Denis Nesci

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive (EU) 2015/2302

Article 22 – paragraph 2

Text proposed by the Commission	Amendment
(2) Member States shall ensure that, when a service provider cancels a service that is part of a package or fails to provide it, that service provider shall refund to the organiser any payments made by the organiser for the service within 7 days. The 7-day period shall start on the day following the cancellation of the service or the day when the service was due to be performed, whichever is the earlier date.	(2) Member States shall ensure that, in any case, when a service provider cancels a service that is part of a package or fails to provide it, including the termination of the contract in accordance with Article 12(2), that service provider shall refund to the organiser any payments made by the organiser for the service within 15 days.

Or. en

Justification

The proposed 7/14 day timeframe for B2B and B2C refunds is inconsistent with other passenger rights legislation, notably rail passenger rights which establishes a 30-day limit for refunding passengers in the event of a cancellation. There needs to be harmonisation across all passenger and traveller rights legislation. In addition, there is a need to take into account the difficulty that organisers might face in cases where the service providers are non-EU-based companies that are not obliged to comply with EU law.

Amendment 242

Regina Doherty

Proposal for a directive

Article 1 – paragraph 1 – point 12

Directive (EU) 2015/2302

Article 22 – paragraph 2 a (new)

Text proposed by the Commission	Amendment
	(2a) Member States shall lay down the rules on penalties applicable to infringements to paragraph 2 and shall ensure that they are implemented.

Or. en

Amendment 243

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/2302

Article 24

Present text	Amendment
	(12a) Article 24 is replaced by the following:
Article 24	“Article 24
Enforcement	Enforcement
Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.	1. Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.
	2. The participation of organisers, retailers, intermediaries and other actors falling under the scope of this Directive to Alternative Dispute Resolution procedures shall be mandatory and their decisions binding, without prejudice to the right of parties to access the judicial system.
	3. Each organiser, retailer and trader having obligations toward travellers shall set up a complaint-handling mechanism for the rights and obligations covered by this Directive. They shall make their contact details and working language, or languages, widely known to travellers and available to consumers at the same time of the documents to be supplied before the start of the package in accordance with Article 7(g).
	4. The organiser or retailer shall confirm the receipt with a copy of the exchanges, within 7 days of receiving the complaint. The organiser or the retailer shall give a reasoned reply to the traveller within 21 days. Organisers, retailers and traders having obligations toward travellers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure and shall make that data available to national enforcement bodies upon request.
	5. Details of the complaint-handling procedure shall be accessible to the public on the website of the organisers and retailers offering services covered by this Directive, including to persons with disabilities and to persons with reduced mobility.”

Or. en

Justification

New amendment to existing Directive in Article 24.

Amendment 244

Katrin Langensiepen

on behalf of the Greens/EFA Group

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/2302

Article 25

Present text	Amendment
	(12a) Article 25 is replaced by the following:
Article 25	“Article 25
Penalties	Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.	1. Member States shall lay down the rules on penalties applicable to infringements to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, dissuasive and shall include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the trader’s annual turnover in the Member State or Member States concerned.
	2. For cases where a fine is to be imposed in accordance with paragraph 1, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.
	3. Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
	(a) the nature, gravity, scale and duration of the infringement;
	(b) any action taken by the trader to mitigate or remedy the damage suffered by consumers;
	(c) any previous infringements by the trader;
	(d) the financial benefits gained, or losses avoided by the trader due to the infringement, if the relevant data are available;
	(e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council;
	(f) any other aggravating or mitigating factors applicable to the circumstances of the case.”

Or. en

Justification

Article 25 of the original Package Travel Directive is deleted and replaced.

Amendment 245

Kateřina Konečná

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/2302

Article 25

Present text	Amendment
	(12a) Article 25 is replaced by the following:
Article 25	“Article 25
Penalties	Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.	Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
	Member States shall ensure that the following non-exhaustive and indicative criteria are taken into account for the imposition of penalties, where appropriate:
	(a) the nature, gravity, scale and duration of the infringement;
	(b) any action taken by the trader to mitigate or remedy the damage suffered by consumers;
	(c) any previous infringements by the trader;
	(d) the financial benefits gained, or losses avoided by the trader due to the infringement, if the relevant data are available;
	(e) penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 of the European Parliament and of the Council;
	(f) any other aggravating or mitigating factors applicable to the circumstances of the case.”

Or. en

Amendment 246

Adnan Dibrani, Maria Guzenina

Proposal for a directive

Article 1 – paragraph 1 – point 12 a (new)

Directive (EU) 2015/2302

Article 25

Present text	Amendment
	(12a) Article 25 is replaced by the following:
Article 25	“Article 25
Penalties	Penalties
Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.	Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate, and dissuasive and shall include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4% of the total share of packages sold by the trader in the Member State or Member States concerned.”

Or. en

Justification

The 4% threshold for holiday packages should be based on the total share of holiday packages sold by a business, not the total turnover. This exemption is designed to support SMEs in the travel and tourism sector by providing a more accurate reflection of their holiday package sales, thereby reducing regulatory burdens and promoting fair competition.

Amendment 247

Arba Kokalari, Andreas Schwab, Henrik Dahl

Proposal for a directive

Article 1 – paragraph 1 – point 14

Directive (EU) 2015/2302

Annex II

Text proposed by the Commission	Amendment
(14) Annex II is replaced by the text in Annex II to this Directive.	(14) Annex II is deleted.

Or. en

Amendment 248

Arba Kokalari, Andreas Schwab, Dimitris Tsiodras, Sophia Kircher, Henrik Dahl

Proposal for a directive

Article 3 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Member States shall adopt and publish, by [18 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.	Member States shall adopt and publish, by [24 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

Or. en

Amendment 249

Virginie Joron, Elisabeth Dieringer

Proposal for a directive

Annex I – Part A – paragraph 1 – indent 8

Text proposed by the Commission	Amendment
– The price of the package may only be increased if specific costs rise (for instance, fuel prices), and if expressly provided for in the contract, and at the latest 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, travellers may terminate the contract and will, in that case, get their money back. If, in the contract, the organiser reserves the right to a price increase, travellers have a right to a price reduction if there is a decrease in the relevant costs.	– The price of the package may only be increased if specific costs rise (for instance, fuel prices in the event of force majeure), and if expressly provided for in the contract, and at the latest 90 days before the start of the package. If the price increase exceeds 10% of the price of the package, travellers may terminate the contract and will, in that case, get their money back. If, in the contract, the organiser reserves the right to a price increase, travellers have a right to an automatic price reduction and a refund if there is a decrease in the relevant costs.

Or. fr