Article 1 — Amendments to Directive (EU) 2015/2302

Directive (EU) 2015/2302 is amended as follows: (1) the title is replaced by the following: Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC ; (2) Article 1 is replaced by the following: Article 1 Subject matter The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and an 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, certain aspects of contracts between organisers of packages and travel service providers, and specific information requirements applicable to certain situations not leading to the creation of a package. ; (3) Article 2 is amended as follows: (a) paragraph 1 is replaced by the following: 1. This Directive applies to packages offered for sale or sold by traders to travellers and to specific information requirements applicable to certain situations not leading to the creation of a package. It also applies to the right of organisers to a refund from travel service providers in cases of cancellation or non-provision of a service forming part of a travel package. ; (b) paragraph 2 is replaced by the following: 2. This Directive does not apply to: (a) packages covering a period of less than 24 hours unless overnight accommodation is included; (b) packages offered occasionally and on a not-for-profit basis and only to a limited group of travellers; (c) packages 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. ; (4) Article 3 is amended as follows: (a) point 2 is replaced by the following: (2) package means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: (a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: (i) purchased from a single point of sale and have been selected before the traveller agrees to pay; (ii) offered, sold or charged at an inclusive or total price, regardless of any separate billing; (iii) advertised or sold under the term package or under a similar term; (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 (v) 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 with that other trader or those other traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. A combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: (a) do not account for at least 25 % of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination; or (b) are selected and purchased only after the performance of a travel service as referred to in point (a), (b) or (c) of point 1 has started; ; (b) point 5 is deleted; (c) point 7 is replaced by the following: (7) trader means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in its name or on its behalf, for purposes relating to its trade, business, craft or profession in relation to contracts covered by this Directive, in its capacity as an organiser, retailer or travel service provider; ; (d) point 12 is replaced by the following: (12) unavoidable and extraordinary circumstances means objective circumstances which are beyond the control of the party who invokes such circumstances and the consequences of which could not have been avoided even if all reasonable measures had been taken; ; (5) in Article 5, paragraph 1 is amended as follows: (a) in point (a), point (viii) is replaced by the following: (viii) whether the travel services included in the package are, in general, accessible to persons with reduced mobility, regardless of whether that reduced mobility is caused by a disability or other causes and regardless of whether that reduced mobility is permanent or temporary, and, upon the traveller’s request, further information on the accessibility or suitability of the package in view of the specific needs communicated by the traveller; ; (b) 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, an electronic address, enabling the traveller to contact the organiser and, where applicable, the retailer quickly and communicate with them effectively; ; (c) point (d) is replaced by the following: (d) the arrangements for payment, including any existing loyalty points or other benefits under reward systems, and any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller; ; (d) point (f) is replaced by the following: (f) relevant general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the countries of destination and transit; ; (e) point (g) is replaced by the following: (g) information that the traveller has the right to terminate the package travel contract at any time before the start of the package in return for payment of an appropriate and justifiable termination fee or, where applicable, the standardised termination fee requested by the organiser, in accordance with Article 12(1), and that the traveller has the right to terminate the package travel contract without paying any termination fee in the event of unavoidable and extraordinary circumstances in accordance with Article 12(2); ; (6) the following Article is inserted: Article 5a Pre-contractual information in specific booking situations 1. Without prejudice to Article 23, in booking situations which do not lead to the creation of a package and where a trader invites a traveller to purchase an additional type of travel service for the same trip or holiday, the trader shall, at the time of that invitation, inform the traveller in a clear, comprehensible and prominent manner that, if the traveller subsequently agrees to pay for an additional type of travel service after agreeing to pay for the first type of travel service, the first type of travel service and the additional type of travel service will not constitute a package and the traveller will not benefit from the rights applicable to packages under this Directive. 2. Where a trader makes the invitation referred to in paragraph 1 before the traveller agrees to pay for a first type of travel service but does not provide the information referred to in that paragraph, and the traveller subsequently agrees to pay for such an additional type of travel service at the same point of sale within 24 hours after agreeing to pay for the first type of travel service, the relevant travel services shall constitute a package, and the trader shall be deemed to be the organiser of that package. ; (7) Article 7 is amended as follows: (a) in paragraph 2, point (b) is replaced by the following: (b) information: (i) that the organiser is responsible for the proper performance of all travel services included in the package travel contract in accordance with Article 13, for any refunds due as a result of the termination of, or changes to, that contract, and for providing assistance in accordance with Article 16 if the traveller is in difficulty; (ii) where applicable, that the traveller can also contact the organiser via the retailer; ; (b) in paragraph 2, point (g) is replaced by the following: (g) information on complaint-handling arrangements, including the language or languages in which a complaint can be submitted and will be handled and the physical or electronic address to which complaints can be submitted, as well as information on alternative dispute resolution (ADR) mechanisms pursuant to Directive 2013/11/EU of the European Parliament and of the Council and, where applicable, on the ADR entity by which the trader is covered; (c) the following paragraph is inserted: 2a. The relevant information form set out in Annex I shall be attached to the package travel contract and made available to the traveller on a durable medium at the time of the conclusion of that contract. The package travel contract shall contain a clear reference to that information form. ; (8) Article 12 is amended as follows: (a) paragraph 1 is replaced by the following: 1. Member States shall ensure that the traveller has the right to 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, provided that the contract stipulates that such a fee can be charged. The package travel contract referred to in the first subparagraph may: (a) 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 form of fixed amounts or percentages of the package price, or by a similar method of calculation; or (b) specify that the termination fee corresponds to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount, as agreed by the parties. If the package travel contract provides that a termination fee can be charged but contains no further specifications, the termination fee shall correspond to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount as agreed by the parties. At the traveller’s request, the organiser shall provide a justification for the applicable termination fees. ; (b) paragraph 2 is replaced by the following: 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 reasonably 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 or occurring at the place of destination or its immediate vicinity, or affecting the traveller’s journey to or from that place of 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. ; (c) paragraph 4 is replaced by the following: 4. 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, without the need for any prior request by the traveller. Where the traveller’s payment details are no longer valid, that 14-day refund period shall start to run from the moment that the traveller has provided the organiser with the correct payment details. Where, within 14 days after the termination of a package travel contract under paragraph 1, 2 or 3, the organiser and the traveller agree on a substitute package of an equivalent or higher quality, the traveller shall not be entitled to a refund or reimbursement. If the traveller accepts a substitute package of a lower quality or cost, the organiser shall refund to the traveller the amount corresponding to the difference between the higher price paid and the lower price of the substitute package not later than 14 days after the agreement on the substitute package. Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made following the termination of package travel contracts in accordance with paragraphs 2 and 3 of this Article within the time period laid down in the first subparagraph of this paragraph, they shall inform the Commission and the central contact points of the other Member States referred to in Article 18(2) about those mechanisms. ; (9) the following Article is inserted: Article 12a Vouchers 1. Member States shall ensure that, where a package travel contract is terminated pursuant to Article 10, 11 or 12, the organiser has the right to offer the traveller the choice of accepting a voucher corresponding to at least the amount of the refund to which the traveller is entitled (the traveller’s refund right) instead of a refund. The organiser may offer a voucher of a higher value than the traveller’s refund right. 2. The traveller may use the voucher for any travel service offered by the organiser and may redeem the voucher in parts. 3. Organisers shall not treat voucher holders less favourably when booking travel services than other travellers. 4. When offering a voucher to the traveller, and before the traveller expressly accepts it, the organiser shall inform that traveller clearly and prominently, on a durable medium, of the following: (a) the fact that the traveller is entitled to a refund within 14 days and is not obliged to accept a voucher; (b) the value of the voucher; (c) the amount of the traveller’s refund right and the fact that that amount is covered by the organiser’s insolvency protection; (d) the fact that the voucher can be used in full or in part and that it can 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 will not be covered by the protection provided for in this Directive; (e) the validity period of the voucher; (f) the fact that the voucher can be transferred once only, and that the transfer is free of charge; (g) the fact that, if the voucher has not been redeemed up to the full amount of the traveller’s refund right by the end of its validity period, the traveller is to be paid the remainder of that refund right within 14 days after the end of that validity period, without the need for any prior request. 5. The voucher shall be issued on a durable medium and shall contain the information listed in paragraph 4, points (b) to (g), in a clear and comprehensible manner. It shall also indicate the organiser’s trading name, the information which travellers are required to provide to the organiser for a transfer to another person to be valid, and the start and end date of the validity period. 6. The voucher shall be valid for a maximum of 12 months from the date on which the traveller expressly accepts it in accordance with paragraph 4. That validity period may be extended once only, for up to 12 months, provided that both parties expressly agree on a durable medium to that extension. 7. The traveller’s refund right shall be suspended during the validity period of the voucher, provided that the traveller has received the information referred to in paragraph 4 and has expressly accepted on a durable medium the voucher instead of a refund. The parties may, at any time, agree on a full or partial refund before the voucher is redeemed or expires. The traveller’s refund right shall expire when the voucher has been redeemed up to the full amount of that refund right. 8. The suspension of the traveller’s refund right shall end: (a) when the validity period of the voucher expires, if the voucher has not been redeemed up to the amount of the traveller’s refund right; or (b) when, before the validity period of a voucher expires, the parties agree on a refund of any remaining amount of the traveller’s refund right; or (c) in the event of the organiser’s insolvency. 9. The organiser shall refund the traveller without undue delay and, in any event, not later than 14 days after the end of the suspension of the traveller’s refund right, in accordance with paragraph 8, points (a) and (b), without the need for any prior request by the traveller. 10. Travellers may transfer the voucher once only. The transfer shall be valid only if the traveller who transfers the voucher informs the organiser, on a durable medium, of the transfer and provides the transferee’s personal data necessary for the transferee to redeem the voucher or to receive a refund at the end of the voucher’s validity period. The organiser shall confirm the transfer of the voucher without undue delay on a durable medium. Organisers may not charge any fee for the transfer. ; (10) the following Article is inserted: Article 16a Complaint-handling 1. The organiser shall ensure that it is easily contactable through the contact points indicated in accordance with Article 7(2), point (d), and able to respond efficiently to queries from, or on behalf of, travellers, and in particular those in relation to the provision of assistance under Article 16, where a traveller is in difficulty, or in relation to any lack of conformity occurring during the performance of the package and the related remedies provided for in Article 13. 2. The organiser shall also have in place arrangements for the effective handling of types of complaints other than those referred to in paragraph 1. The organiser shall acknowledge receipt of such complaints, on a durable medium, within seven days from their receipt and shall provide a reasoned reply to the traveller, on a durable medium, within 60 days after the date of the complaint. Member States may provide for shorter periods than those referred to in the second subparagraph of this paragraph. 3. Unless the organiser fully accepts the traveller’s complaint, the organiser shall inform the traveller, in the reasoned reply, of any ADR mechanisms pursuant to Directive 2013/11/EU available to the traveller in the matter at issue. ; (11) Article 17 is replaced with the following: Article 17 Effectiveness and scope of insolvency protection 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 the organiser’s insolvency. That security 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 the traveller is entitled to a refund. Where a traveller receives a voucher, the security shall be limited to the amount of the traveller’s refund right. 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. Organisers not established in a Member State which sell or offer for sale packages in a Member State, or which by any means direct such activities to a Member State, shall be obliged to provide the security in accordance with the law of that Member State. 2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the receipt of any payments and the completion of the packages, as well as the estimated cost of repatriations in the event of the organiser’s insolvency. The security shall at all times be sufficient to cover the cost of refunds and, where applicable, repatriations. The security shall take into account the fact that insolvencies might occur when organisers hold the highest amount of payments. The security shall also take into account any changes in the volume of sales of packages. 3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory and monitor the availability of insolvency protection solutions. 4. An organiser’s insolvency protection shall benefit travellers regardless of their place of residence, the place of departure or where the package is sold and irrespective of the Member State where the entity in charge of the insolvency protection is located. 5. When the performance of the package is affected by the organiser’s insolvency, the security shall be available free of charge to ensure repatriations and, if necessary, the financing of accommodation prior to the repatriation. 6. Travellers shall receive a refund of their payments without undue delay and, in any event, no later than six months after the submission of the documents necessary for the examination of their application. In exceptional and duly justified cases, including where the entity or authority responsible for processing the application receives an exceptionally high number of applications within a short period of time, or where the insolvency of the organiser affects travellers from several Member States, refunds of payments shall be provided within nine months after submission of the necessary documents. Member States may provide for shorter periods than those referred to in the first and second subparagraphs. 7. Member States shall ensure that, in the event of an organiser’s insolvency, travellers are informed without undue delay, through appropriate communication channels, of at least the following: (a) the fact of the organiser’s insolvency; (b) the name and contact details of the entity in charge of insolvency protection, or, where applicable, the name and contact details of the competent authority; (c) their rights in relation to packages that have already started or that can still be performed; and (d) the documents that travellers need to submit in order to request a refund. 8. Each Member State shall ensure that online inventories listing all organisers and, where applicable, retailers established in its territory and covered by insolvency protection under the national provisions transposing this Directive are publicly accessible and kept up to date. Member States shall share with the Commission the links to the websites of their inventories when they notify the national provisions transposing this Directive and shall communicate any changes to those links to the Commission without delay. The Commission shall make publicly available on its website a list of the links received from the Member States. The Commission shall update that list without undue delay whenever a Member State communicates a new link to it. 9. Where justified in light of payments received by retailers, Member States may require retailers, in addition to organisers, to take out insolvency protection, without prejudice to Article 13(1), second subparagraph. ; (12) Article 18 is amended as follows: (a) paragraph 2 is replaced by the following: 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 on insolvency protection and on any mechanisms put in place to ensure the effectiveness of refunds following the termination of package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. ; (b) paragraph 3 is replaced by the following: 3. The central contact points shall make available to each other all necessary information on their national insolvency protection requirements and the identity of the entity or entities in charge of the insolvency protection for specific organisers established in their territory. ; (c) paragraph 4 is replaced by the following: 4. If a Member State has doubts about an organiser’s insolvency protection, it shall seek clarification from the organiser’s Member State of establishment. Member States shall respond to requests from other Member States as quickly as possible, taking into account the urgency and complexity of the matter. In any event, a first response shall include the identity of the organiser or, where applicable, of the retailer, and of the entity or entities in charge of the insolvency protection. It shall be issued at the latest within 15 working days from receiving the request. ; (13) Chapter VI, containing Article 19, is deleted; (14) in Article 21, the first paragraph is replaced by the following: Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to it and, where the trader has agreed to arrange the booking of a package, for the errors made during the booking process. ; (15) Article 22 is replaced by the following: Article 22 Right of redress and right of organisers to a refund 1. In cases where an organiser or, in accordance with the second subparagraph of Article 13(1) or Article 20, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on him under this Directive, Member States shall ensure that the organiser or retailer has the right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations. 2. Member States shall ensure that, where a travel service provider cancels a service forming part of a package or fails to provide the service, that service provider refunds to the organiser any payments made by the organiser for that service within seven days. That seven-day period shall start on the day following the cancellation of the service, or on the day on which the service was due to be performed, whichever is earlier. ; (16) in Article 23, paragraph 1 is replaced by the following: 1. A declaration by an organiser of a package that it is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package does not constitute a package, shall not absolve that organiser from the obligations imposed on it under this Directive. ; (17) Annex I is replaced by the text set out in the Annex to this Directive; (18) Annex II is deleted.