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-PA-767919
Committee on Transport and Tourism · Rapporteur: JanChristoph Oetjen
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This draft opinion proposes amendments to the Commission's proposal to revise the Package Travel Directive, aiming to balance consumer protection with SME feasibility.¶ It replaces 'linked travel arrangements' with 'combinations of travel services bought separately' and deletes the proposed pre-payment limits, among other changes.¶¶¶ It clarifies 'unavoidable and extraordinary circumstances', introduces contractual termination fees, and mandates complaints handling and alternative dispute resolution for organisers.¶¶¶
Committee position. The Committee on Transport and Tourism proposes amendments to the Commission's proposal, refining definitions, deleting pre-payment limits, and adding requirements for complaints handling and ADR.¶¶¶
Key points
- Replaces the term 'linked travel arrangements' with 'combinations of travel services bought separately for the purpose of the same trip or holiday' throughout the Directive.¶
- Extends the time for selecting additional travel services to count as a package to the end of the next working day after payment for the first service.¶
- Defines 'combination of travel services that does not constitute a package' as services booked separately after that period, with no 24-hour limit.¶
- Specifies that 'unavoidable and extraordinary circumstances' include warfare, terrorism, serious health risks, and natural disasters.¶
- Requires clear information that the traveller is buying a package and a prominent written warning during booking, including specific wording.¶¶
- Deletes the proposed Article 5a restricting downpayments to 25% and requiring final payment no earlier than 28 days before the start.¶
- Extends the refund period after termination to 14 working days, accounting for non-working days and holidays.¶¶
- Allows organisers to specify contractual termination fees in the contract, replacing 'appropriate and justifiable' fees.¶¶
- Restricts the right to terminate without fee to circumstances at the destination or its vicinity, removing reference to place of residence or departure.¶
- Requires organisers to offer vouchers with a total value representing monetary value, alternative package, or credit, and informs travellers of their rights.¶
- Mandates that organisers establish complaints handling mechanisms and participate in alternative dispute resolution procedures.¶¶
- For combinations of travel services, requires insolvency protection for payments received and information about optional protections.¶¶¶
Who is affected
- Travellers buying package travel or combinations of travel services: gain clearer information and protections, but lose some termination rights.¶¶¶
- Organisers and retailers of package travel: face new requirements for complaints handling and ADR, but gain flexibility on payments and termination fees.¶¶¶
- Small and medium-sized enterprises (SMEs) in the travel sector: benefit from deletion of pre-payment limits and extended refund periods.¶¶