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DRAFT REPORT (COM(2023)0905 – C90436/2023 – 2023/0435(COD))

On the 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

IMCO-PR-768075

Committee on the Internal Market and Consumer Protection · Rapporteur: Alex Agius Saliba

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The draft report proposes amendments to the Commission's proposal amending the Package Travel Directive to strengthen traveller protection and simplify rules. It redefines when bookings constitute a package, limits downpayments to 25% with exceptions, clarifies termination rights, regulates vouchers, and strengthens insolvency protection and enforcement.

Committee position. The rapporteur proposes amendments to the Commission proposal, simplifying the package definition, adjusting downpayment rules, clarifying termination rights, and strengthening enforcement.

Key points

  1. Travel services booked within the same booking process are considered a package; when the trader invites additional bookings, the window extends to 72 hours after the first contract.
  2. Downpayments are capped at 25% of the total price, except for packages booked less than 28 days before start; higher downpayments allowed to cover advance payments and costs.
  3. Member States may require retailers to place downpayments in a trusted account to secure consumer pre-payments until the start of the package.
  4. The information form in Annex I must be attached to the contract or made available electronically at the time of concluding the contract.
  5. Travellers can terminate without fee for unavoidable and extraordinary circumstances at the destination, departure, or affecting the journey; official travel warnings within 28 days before start give a right to terminate and full refund.
  6. Vouchers must be usable for all travel services, redeemable in parts, transferable once free of charge; further transfers may incur a reasonable administrative fee.
  7. Insolvency protection must cover refunds and repatriations at all times, considering periods of highest payments; proof of contract and payment is sufficient for refund requests.
  8. The Commission must centralise and publish information on insolvency protection schemes and central contact points on its website.
  9. Organisers and retailers must set up complaint-handling mechanisms, acknowledge complaints within 7 days, and reply within 21 days.
  10. Penalties for infringements must include fines of at least 4% of annual turnover or at least 2 million EUR when turnover is unavailable.
  11. Participation in alternative dispute resolution is mandatory for organisers, retailers, and intermediaries, with binding decisions.

Who is affected

  • Travellers: benefit from clearer package definitions, downpayment limits, termination rights, and easier refunds.
  • Organisers and retailers: face new obligations on downpayments, information, complaint handling, and penalties.
  • Member States: must enforce penalties, may set up trusted accounts, and designate central contact points.
  • The Commission: must centralise and publish insolvency protection information.

Figures and deadlines

  • 72 hours after the first contract for additional bookings invited by the trader.
  • 25% of the total price as maximum downpayment.
  • 28 days before the start of the package for remaining payment and for official travel warnings.
  • 14 days after the validity period for voucher refunds.
  • Three months after submitting documents for insolvency refunds.
  • 7 days to acknowledge a complaint and 21 days to reply.
  • 4% of annual turnover as minimum maximum fine.
  • 2 million EUR as minimum maximum fine when turnover is unavailable.

Legal basis: Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union