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
TRAN-AD-767919
Committee on Transport and Tourism · Rapporteur: JanChristoph Oetjen
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The Committee on Transport and Tourism opinion on the proposed directive amending Directive (EU) 2015/2302 proposes to replace 'linked travel arrangements' with 'combinations of travel services' and refine rules on packages, payments, cancellations, and complaints.¶¶¶ It deletes the proposed Article 5a on payment limits, introduces mandatory alternative dispute resolution, and extends refund deadlines in certain cases.¶¶¶
Committee position. The Committee proposes amendments to simplify the distinction between packages and other combinations, delete payment limits, and strengthen consumer protections through mandatory ADR and clearer information.¶¶¶
Key points
- Deletes the concept of 'linked travel arrangements' and introduces 'combinations of travel services bought separately for the same trip or holiday' that do not constitute a package.¶¶¶
- Defines a package to include services selected before payment or by the end of the next working day after payment for the first service, removing the 3-hour and 24-hour rules.¶
- Specifies that 'unavoidable and extraordinary circumstances' include significant risks to human health and natural disasters, and requires travellers to provide proof of official warnings for cancellation.¶¶
- Requires organisers to state standardised termination fees or their calculation method in pre-contractual information, replacing 'appropriate and justifiable' fees.¶¶
- Extends the refund deadline from 14 to 21 days after contract termination, and to six months if more than 50% of packages are cancelled due to extraordinary circumstances.¶
- Requires organisers to inform travellers of official travel warnings at the time of booking; if warned and still booking, travellers assume financial risk of cancellation.¶
- Mandates that organisers and retailers establish complaints handling mechanisms, acknowledge complaints within 7 days, and reply within 30 days.¶
- Requires mandatory participation in alternative dispute resolution procedures with binding decisions for organisers and retailers.¶
- Requires insolvency protection for combinations of travel services, with optional additional protections equivalent to package travel, and clear information if not selected.¶¶¶
- Extends the deadline for service providers to refund organisers from 7 to 15 days after cancellation or non-performance.¶
- Requires member states to designate enforcement authorities to collect data and report to the Commission every two years.¶
Who is affected
- Travellers: gain clearer information on package status and protections, but may assume financial risk if booking despite official warnings.¶¶
- Organisers and retailers: must provide standardised termination fees, mandatory ADR, and comply with new information and complaints handling duties.¶¶¶
- Small and medium-sized enterprises: benefit from deletion of payment limits and extended refund deadlines, reducing bureaucracy.¶¶¶
- Service providers: must refund organisers within 15 days instead of 7.¶
Figures and deadlines
- 25% threshold for significant proportion of tourist services in packages.¶
- 30 days before start of package for official warning proof.¶
- 21 days after termination for refunds, or six months if over 50% of packages cancelled.¶
- 7 days to acknowledge complaints, 30 days to reply.¶
- 15 days for service providers to refund organisers.¶
- 30 months after entry into force for member states to adopt laws.¶