COM(2023) 905 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

EN EN

EUROPEAN COMMISSION

Brussels, 29.11.2023

COM(2023) 905 final

2023/0435 (COD)

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

(Text with EEA relevance)

{SEC(2023) 540 final} - {SWD(2023) 905 final} - {SWD(2023) 906 final} -

{SWD(2023) 907 final} - {SWD(2023) 908 final}

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EXPLANATORY MEMORANDUM

1. CONTEXT OF THE PROPOSAL

• Reasons for and objectives of the proposal

Tourism plays an important role in the global economy, accounting for over 10% of global

gross domestic product directly and indirectly. Driven by rising incomes, falling travel-related

costs and an increasing range of available tourism activities, the global number of tourists rose

from 680 million in 2000 to over 1.5 billion in 2019. The European Union is the world’s

number 1 tourist destination, receiving approximately two-thirds of all international tourist

arrivals in 2022. The tourism industry plays a key role in the EU economy, with some 2.3

million tourism businesses and 10.9 million people working in the industry in 2020.1

European consumers use a range of ways to book travel services for the same trip or holiday.

For instance, they can make separate bookings for transport and/or accommodation, either

directly with different service providers or via intermediaries. They can buy online, offline,

pre-arranged or customised packages combining different types of travel services. Packages

can be offered by tour operators travel agencies, carriers and other actors.

Directive (EU) 2015/2302 on package travel and linked travel arrangements (‘the Directive’

or ‘the PTD’)2 modernised the legal framework for package travel to reflect market and

technological developments. It aimed to cover new ways of booking travel services that had

emerged, including customised combinations of travel services, which were not covered by

Directive 90/314/EEC3 or which were in a legal grey area, and strengthened the rights of

package travellers in multiple ways. It also aimed to ensure fairer competition between

different types of travel businesses active in the package travel market.

The outbreak of the COVID-19 pandemic led to mass cancellations of package holidays,

while no new bookings were made for a certain period of time. Due to the resulting liquidity

problems of package organisers, many travellers did not receive refunds or received them

only considerably later than the 14 days as required in the Directive. In its Recommendation

2020/648 of May 2020 (the '2020 Recommendation’),4 the Commission set out principles on

voluntary use of vouchers and ways to make them more attractive to travellers, including by

protecting them against the insolvency of the organiser. Uptake of the Recommendation has

varied across the Member States. Several Member States adopted legislation deviating from

the Directive, extending the periods for refunds or making vouchers mandatory for travellers,

resulting in the Commission opening infringement proceedings against 11 Member States.

1 https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Tourism_industries_-_economic_analysis 2 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package

travel and linked travel arrangements, 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 (OJ L 326,

11.12.2015, p. 1). Any references to specific articles of the Directive, are references to the 2015 Directive. 3 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ L

158, 23.6.1990, p. 59). 4 Commission Recommendation (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and

travellers as an alternative to reimbursement for cancelled package travel and transport services in the context

of the COVID-19 pandemic (OJ L 151, 14.5.2020, p. 10).

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The Commission’s report published on 26 February 2021 (‘PTD Application Report’)5

provides an overview of how the Directive was transposed by the Member States into national

law and how it has been applied since July 2018. It highlights several challenges, including

those that emerged from the 2019 Thomas Cook bankruptcy and the COVID-19 pandemic.

The difficulties in applying the Directive highlighted in the report include the complexity of

and uncertainty caused by the provisions on linked travel arrangements, difficulties in issuing

refunds and effective insolvency protection in a major crisis, including the lack of rules on

vouchers and uncertainty about the scope of the insolvency protection coverage.

The European Court of Auditors (‘the Court’) issued a special report on air passenger rights

during COVID-19.6 In its recommendations, the Court asked the Commission to examine

how, possibly through legislative changes, the rights of air passengers and travellers could be

strengthened, including in a crisis, to tackle the issue of refunds for cancelled trips and the

insolvency of operators.

In its opinion of 22 March 2022, the Fit for Future Platform (F4F) identified five problems in

the Directive and made suggestions in this respect.7

The evaluation and review of the Directive is mentioned in the New Consumer Agenda of 13

November 2020.8 The Commission announced that by 2022 it would carry out a ‘deeper

analysis into whether the current regulatory framework for package travel, including as

regards insolvency protection, is still fully up to the task of ensuring robust and

comprehensive consumer protection at all times, taking into account also developments in the

field of passenger rights.’

The general goal of revising the Directive is to strengthen the level of consumer protection, at

all times, including in the event of a major crisis, while improving the functioning of the

internal market in the package travel sector. This is in line with the original objectives of the

Directive. Overall, the Directive contains solid rules governing package travel and has

brought significant benefits in terms of consumer protection and the functioning of the

internal market. Nonetheless, the evaluation showed that it is only partially effective in

meeting its objectives and the needs of consumers and traders and that there is scope for

improvement and simplification. It identified weak points in terms of gaps, legal uncertainty

and excessive complexity that require targeted action. Tackling these shortcomings, for

instance, through changes to some of the definitions as well as adding provisions on advance

payments and vouchers, while specifying certain elements regarding the cancellation of

packages due to unavoidable and extraordinary circumstances and on insolvency protection,

will thus be beneficial for preparing for future crises and for the application of the Directive in

normal times.

5 Report on the application of Directive (EU) 2015/2302 of the European Parliament and of the Council on

package travel and linked travel arrangements, COM(2021) 90 final, https://eur-lex.europa.eu/legal-

content/EN/TXT/?uri=COM%3A2021%3A90%3AFIN . 6 Special Report 15/2021: Air passenger rights during the COVID-19 pandemic: Key rights not protected despite

Commission efforts, https://www.eca.europa.eu/Lists/ECADocuments/SR21_15/SR_passenger-

rights_covid_EN.pdf 7 https://commission.europa.eu/law/law-making-process/evaluating-and-improving-existing-laws/refit-making-

eu-law-simpler-less-costly-and-future-proof/fit-future-platform-f4f/adopted-opinions_en#adoptedopinions2022 8 COM/2020/696 final, https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0696

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• Consistency with provisions in the policy area

The Directive is in the scope of application of the Consumer Protection Cooperation

Regulation (‘CPC Regulation’) and the Representative Actions Directive (‘RAD’), which

contribute to its effective enforcement. The CPC Regulation provides for joint enforcement

action against non-compliant traders. The RAD applies from June 2023 and increases the

level of protection of travellers' and consumers' collective interests, both at national and cross-

border level, for example by seeking injunctive and redress measures.

• Consistency with other EU policies

After the adoption of the first Package Travel Directive in 1990, five regulations on passenger

rights in different modes of transport were adopted at EU level. For example, Regulation (EC)

No 261/2004 (the ‘Air Passenger Rights Regulation’ or ‘APRR’) sets out the rights of air

passengers in relation to flight cancellations, denied boarding or delays. That Regulation is

complementary to the Package Travel Directive. The relationship between the two legal acts

is covered in different provisions of the PTD and the APRR, aiming to achieve coherence

between the two instruments.

The Commission is also reviewing the passenger rights regulatory framework under the

initiative ‘Travel – better protection for passengers and their rights’. The review of the APRR

comprises reimbursements for cancelled flights booked via intermediaries.9 In addition, it is

planned to look into the protection of passengers in the event of insolvency of air carriers and

major crisis in the context of Regulation (EC) No 1008/2008 (Air Services Regulation).10

The revision aims at further improving coherence between the PTD and the APRR, for

example by bringing in rules on vouchers and rules regarding business-to-business refunds.

Rules on advance payments11 and insolvency protection, which are part of the proposed

revision, take into account the state of play regarding passenger rights.

2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

• Legal basis

The legal basis for EU action is Article 114 of the Treaty on the Functioning of the EU

(‘TFEU’), which provides that 'the European Parliament and the Council shall […] adopt the

measures for the approximation of the provisions […] which have as their object the

establishment and functioning of the internal market.' Article 114(3) specifies that 'the

Commission, in its proposals envisaged concerning […] consumer protection, will take as a

base a high level of protection, taking account in particular of any new development based on

scientific facts.' In addition, Article 169(1) and Article 169(2)(a) TFEU provide that the EU

9 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13290-Travel-better-protection-for-

passengers-and-their-rights_en 10 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13255-Revision-of-the-Air-Services-

Regulation_en 11 Advance payments made for packages before the start of the trip are also often referred to by stakeholders as

prepayments. Downpayments are advance payments made by traveller at the time of booking the package or

shortly thereafter.

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must contribute to the attainment of a high level of consumer protection by adopting measures

under Article 114 TFEU.

In line with Article 26(2) TFEU, the internal market comprises an area without internal

borders in which goods and services move freely and business have the freedom of

establishment. Harmonising the rights and obligations regarding package travel is necessary

to develop a real internal market in tourism and will help maintain and increase a high level of

consumer protection.

• Subsidiarity

This proposal, like Directive (EU) 2015/2302, is a full harmonisation instrument since the

matters it regulates can only be adequately solved at EU level. Ensuring that all EU citizens

enjoy the rights provided by the Directive, including in a crisis, cannot be achieved by

Member States acting alone.

Package travel is a cross-border sector, not only in the sense of travellers going abroad, but

also in terms of package holidays sold to travellers by organisers based in other countries. The

revision of the PTD aims to modernise the current rules and to address the problems flagged

in the evaluation. The two overarching objectives of the PTD are still relevant, namely, to

ensure that all travellers in the EU have a high and uniform level of protection and to

contribute to the proper functioning of the internal market.

EU-level action to remove the identified problems, close gaps, clarify and simplify the rules

of the Directive will give greater confidence to travellers and traders in purchasing and selling

packages, including across borders, and improve the functioning of the internal market. For

instance, laying down rules on vouchers, common rules on downpayments and further

specifications on insolvency protection will ensure more uniformity in the application of the

Directive. If Member States tackle these issues in an uncoordinated manner, it would increase

fragmentation in the internal market.

• Proportionality

The proposed revision of the PTD is balanced and complies with the proportionality principle

under Article 5(3) TFEU. As explained in Section 3.3 of the impact assessment report, it does

not exceed what is necessary to achieve the objectives as the revision is limited to aspects of

travel law for which EU action is necessary.

As described in Section 5.3 of the Impact Assessment Report, three policy options have been

assessed also in light of the anticipated proportionality of the measures in addressing the

problems identified.

Finally, the proposed revision of the PTD is based on an option in the impact assessment

which contains measures that are less interventionist than those contained in the other options

and that are proportionate both with a view to crisis preparedness and outside of crisis

situations (Section 6.1 of the impact assessment report). This initiative therefore maintains the

balance between the objective, the means and the consequences of the action, and is,

therefore, proportionate (Section 7.4 of the impact assessment report). The new provisions are

tailored to the needs they address and are of a targeted nature, carefully calibrated in terms of

scope and intensity.

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• Choice of the instrument

The impact assessment report finds that non-legislative measures, such as recommendations

or guidelines, cannot achieve the objectives of the initiative (Section 5.2.1 of the impact

assessment report).

A directive would set out a coherent set of rights and obligations, while allowing Member

States to integrate these rules into their national contract law. It would also enable the

Member States to decide on the best way to enforce the directive and the sanctions for

breaching its rules. Finally, this proposal will only amend an existing legal instrument.

3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER

CONSULTATIONS AND IMPACT ASSESSMENTS

• Ex-post evaluations/fitness checks of existing legislation

In 2019, the Commission issued a first report on the provisions of the PTD applying to online

bookings made at different points of sale.12 The report signalled challenges, in particular

related to linked travel arrangements, such as the lack of clarity of the concept and the

difficulty in distinguishing between packages and linked travel arrangements.

In 2021, the Commission issued a comprehensive report on the application of the PTD as laid

down in Article 26 of the Directive.13 The report revealed certain challenges in the application

of the Directive during normal times and during a crisis, in particular for refunds during a

major crisis, such as the COVID-19 pandemic.

As announced in its New Consumer Agenda of November 2020, the Commission conducted

an evaluation back-to-back with an impact assessment of the PTD.14

The evaluation concluded that the Directive still has EU added value. It concluded that its

objectives were in line with the expected needs of travellers and package travel

organisers/retailers when the Directive was adopted and that they remain relevant. However,

developments in the market (mostly due to increasing digitalisation and changes to business

practices), practical experience in the application of the Directive and problems caused by the

COVID-19 pandemic, revealed that the Directive does not fully meet some consumer needs

(protection and refunds of advance payments, complexity of some rules, presentation of

information). It found that further action was needed. Therefore, the evaluation concluded that

the PTD has been only partially effective in contributing to the proper functioning of the

internal market and achieving a high and as uniform as possible level of consumer protection.

The challenges identified by the evaluation can be grouped into three main problems.

The first problem are the challenges with refunds for cancelled travel packages, in particular

during a major crisis. The main drivers are the practice of advance payments, the lack of

liquidity of organisers when faced with many concurrent refund requests and legal uncertainty

in relation to the use of vouchers. Since organisers use downpayments received from

travellers to pay in advance for certain services included in a package, they depend on refunds

from service providers in order to be able to reimburse travellers if the package is cancelled.

12 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2019:270:FIN 13 https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=COM:2021:90:FIN 14 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52020DC0696

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During the pandemic, many organisers did not receive (swift) refunds from service providers

(e.g. airlines and hotels) and thus were unable to reimburse travellers within the mandatory

14-day period. The PTD does not contain business-to-business rules on refunds in the event of

cancellations. It also lacks rules governing the use of vouchers. In fact, during the pandemic,

organisers often imposed vouchers on travellers instead of a refund for cancelled packages,

and the rights of travellers in relation to vouchers were unclear. Several Member States even

adopted temporary rules allowing organisers to issue vouchers without travellers’ agreement

or suspended their right to a refund under the PTD, triggering infringement proceedings. In

May 2020, the Commission adopted a recommendation on voluntary vouchers issued during

the pandemic.15 Uptake of the recommendation in the Member States was mixed.

The second problem is that advance payments made by travellers are not sufficiently

protected against the organiser’s insolvency. Insolvency protection for vouchers and the

refund rights stemming from a cancellation varies in the Member States.16 There are also

significant differences between national insolvency protection systems.17 In some Member

States, package organisers find it difficult to obtain insolvency protection or insurance

solutions can be expensive, especially during a crisis.18,19

The third problem relates to difficulties in implementing the PTD. Certain provisions are

insufficiently clear, contain gaps or are too complex, thereby contributing to divergent levels

of consumer protection in practice and distortions of competition. For instance, this applies to

the concept of ‘click-through packages’20 and the provisions on linked travel arrangements,

the cover of refund claims and vouchers by insolvency protection and the rules on

cancellations in the event of unavoidable and extraordinary circumstances. In addition,

travellers are not always clear about the role played by different parties (organisers, retailers,

and service providers), including in relation to refunds. Lastly, the standard information forms

are complex to use and could be more user-friendly.

• Stakeholder consultations

The Commission conducted numerous consultation activities, including public and targeted

stakeholder consultations. The consultations were as broad as possible to gather input,

evidence and explanations of the needs of different categories of stakeholders, (e.g.

travellers/consumers, tour operators, physical and online travel agencies, carriers, national

15 https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32020H0648 16 The current practice in the Member States varies. Six Member States replying to questions asked by the

Commission in the consultation process already cover vouchers and/or refund claims by insolvency protection

up to a certain extent, while six do not. 17 The PTD leaves it purposely to the Member States to establish the details of their national insolvency

protection systems, provided that the system meets the criteria under Article 17 and Recitals 39-40. The

insolvency protection systems can hence be based on (public or private) funds, insurance, or bank guarantees,

leading to a landscape of diverse insolvency protection systems across the EU. 18 Report from the meeting of Central Contact Points of 10 November 2022,

https://ec.europa.eu/transparency/expert-groups-

register/screen/meetings/consult?lang=en&meetingId=45937&fromExpertGroups=true 19 Targeted survey for NCA (Insolvency), replies to Q6, indicating that the prices of insurance-based solutions

have increased. 20 The concept is defined in Article 3(2)(b)(v) as follows: ‘a combination of at least two different types of travel

services for the purpose of the same trip or holiday, if [...] purchased from separate traders through linked

online booking processes where the traveller's name, payment details, and e-mail address data are transmitted

from the trader with whom the first contract is concluded to another trader or 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.’

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authorities, insolvency protection funds, consumers and business associations, academia and

non-governmental organisations). The discussions with stakeholders focused on the following

three specific objectives:

- Improve the protection of travellers’ advance payments and their right to a swift refund of

payments already made in the event of cancellations, including in times of a major crisis,

while maintaining the liquidity of package organisers (addressing Problem 1).

- Strengthen the protection of travellers against the organiser's insolvency, including in the

event of a major crisis, while also ensuring a level playing field in the internal market

(addressing Problem 2).

- Increase legal certainty and enforceability of the PTD by clarifying and/or simplifying

certain provisions of the Directive that might be interpreted differently or which stakeholders

find difficult to apply in practice (addressing Problem 3).

During the consultation process, which started with the publication of a call for evidence in

August 2021 and continued up to May 2023, the Commission used a range of methods and

forms of consultation. They included:

•  consultation on the inception impact assessment and a 13-week open public consultation

seeking views from all interested parties.21

• Targeted consultations of different stakeholders (public authorities, consumer organisations,

business associations), mostly as follow-up to multiple workshops and meetings.

• Online targeted thematic workshops, including meetings of the stakeholder expert group to

support the application of the PTD.22 Questionnaires and discussion papers were sent out in

advance to prepare for the meetings hosted by the Commission.

• Online workshops organised by the external consultant with the aim of updating participants

(business associations and individual companies, including travel-sector companies, consumer

organisations and European Consumer Centres) on the progress of the study and gathering

information in an interactive format on the key findings.

• Workshops organised by stakeholders (e.g. the European Guarantee Funds' Association for

Travel and Tourism, the European Association of Travel Agents and Tour Operators) offered

the opportunity to gather data from stakeholders on insolvency protection in the travel sector

and on advance payments.

• Targeted surveys conducted by the external consultant to collect information on

stakeholders’ views and experiences regarding current market trends in package travel

including cancellation rights, voucher use and refunds. The aim was also to identify the main

challenges of the current legislation, the primary costs and benefits.

• Interviews conducted by the external consultant in two stages comprising a set of scoping

interviews and full-scale stakeholder interviews.

• Meetings at technical or political level. The review of the PTD was raised also at political

level, in particular, at informal ministerial meetings during different Council presidencies.

• Bilateral online meetings with a wide range of stakeholders.

• Position papers from consumer associations, business associations and national authorities.

21 https://ec.europa.eu/info/law/better-regulation/have-your-say/initiatives/13117-Package-travel-review-of-EU-

rules_en 22 https://ec.europa.eu/transparency/expert-groups-register/screen/expert-

groups/consult?lang=en&groupId=3617&fromMeetings=true&meetingId=45600

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• The Fit for Future Platform’s (F4F) opinion of 22 March 2022.23 In its opinion on the PTD,

the F4F Platform identified five problems and made five related suggestions.

The feedback to the consultation activities showed that:

• The large majority of stakeholders confirmed that travellers from all Member States faced

major difficulties in recovering advance payments for cancelled packages within 14 days

during the COVID-19 pandemic. Consumer organisations and many national authorities

considered that the protection of advance payments made by travellers should be increased.

• At the same time, organisers outlined the difficulties in retrieving payments made to service

providers. Some providers, in particular airlines, ask for full payment in advance. Most

businesses pointed out that they would welcome a new EU rule that requires service providers

to repay organisers, within a specific timeframe, shorter than 14 days.

• Most consumer organisations and public authorities considered that the different insolvency

protection systems across the EU triggered a higher level of protection against the insolvency

of organisers in some Member States and insufficient protection of travellers in other Member

States. However, no concrete examples were provided to support this view.

• n some Member States, organisers reportedly found it difficult to obtain insolvency

protection to cover advance payments and repatriation. This is due to insufficient insurance

solutions on the market or insurance solutions offered only at prohibitive prices, in particular

during a crisis. There are also diverging practices with respect to the coverage of refund

claims and vouchers where a package is cancelled before an organiser becomes insolvent.

• Most stakeholders faced difficulties in implementing the PTD in relation to the

interpretation and enforcement of concepts of ‘click-through package’ and linked travel

arrangements, in the implementation of certain information obligations and in ascertaining

whether the cancellation of a package travel contract was justified by unavoidable and

extraordinary circumstances. These difficulties became apparent during COVID-19.

• Consumer organisations called for greater clarity on the right time to cancel the contract due

to ‘unavoidable and extraordinary circumstances’ as well as on the relevance, evidence, and

legal value of official travel warnings. Most national competent authorities called for

clarifications on the rules governing trip cancellations. Travellers and businesses considered

that the absence of rules on ‘travel warnings’ undermines the effectiveness of the definition of

‘unavoidable and extraordinary circumstances’.

The Commission took all feedback into consideration when deciding which options to favour.

More information on the consultations can be found in Annex 3 to the impact assessment.

• Collection and use of expertise

The Commission contracted external experts to produce a study gathering evidence that was

used to underpin the impact assessment and prepare this proposal. The result was the “Study

to support the preparation of an evaluation of the Package Travel Directive back-to-back with

an impact assessment on its potential revision”.24

23 https://commission.europa.eu/law/law-making-process/evaluating-and-improving-existing-laws/refit-making-

eu-law-simpler-less-costly-and-future-proof/fit-future-platform-f4f/adopted-opinions_en#adoptedopinions2022 24 Publication forthcoming.

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The Commission’s assessment has also drawn on relevant academic literature and Court of

Justice case law.

• Impact assessment

The impact assessment25 was discussed with the Regulatory Scrutiny Board on 5 July 2023.

The Board issued a negative opinion on 7 July 2023, stating that the report was not

sufficiently clear on the scale of the problems, the underlying market failures and the specific

objectives of the initiative, and that the impact analysis was not proportionate to the size of

the problem. In addition, the report was found not to identify all relevant combinations of

options upfront and not to provide a consistent comparison of options. As a result, the impact

assessment report was substantially redrafted. The scale of the problems, the underlying

market or regulatory failures and the specific objectives of this initiative were better described

and quantified as far as possible. The revised report also gave a clearer description of all

policy options and compared them in terms of effectiveness, efficiency, coherence and

proportionality. The impact analysis was strengthened in several ways, including by extending

the quantification of potential impacts and providing further-going sensitivity analyses. The

report also elaborated further on the impacts on SMEs and the scope for cost reduction.

The revised impact assessment report was sent to the Regulatory Scrutiny Board on 6

September 2023. On 28 September 2023, the Board issued a positive opinion with

reservations26, noting that the report was not sufficiently clear on the overall impact on

consumers and that the qualitative analysis should be strengthened to better demonstrate the

rationale for the intervention. The Board’s reservations have been addressed. This involved

more prominently and clearly describing the baseline estimates and the overall impact on

consumers. Moreover, the qualitative analysis was further improved to better demonstrate the

rationale for action. Finally, the potential impact on international competitiveness was

described in more detail.

The impact assessment examined various legislative measures that could, by amending the

PTD, tackle the problems identified with the aim of achieving the objectives of the review.

The measures were grouped into three policy options taking different approaches: more

flexible solutions and minimal costs (option A), more rigid measures (option B), or maximal

effectiveness in a crisis situation at higher costs (option C).

Option A is to make targeted amendments to the PTD to clarify and simplify it and make it

more effective, including in a crisis. It includes rules on voluntary vouchers, a business-to-

business refund right where services are cancelled and a flexible limitation of downpayments

to 25%, which can be increased where this is necessary to ensure the organisation and the

performance of the package. It also aims to strengthen insolvency protection, while clarifying

that vouchers and refund claims are covered by insolvency protection. It does not, however,

oblige Member States to create an insolvency protection back-up fund or a crisis fund

guaranteeing rapid refunds to travellers in the event of a major crisis.

Option B comprises more rigid measures that increase the costs for different categories of

stakeholders (both businesses and travellers). For instance, it sets a strict limit to

downpayments to 20% for package organisers and mandatory vouchers in the event of a

major crisis.

25 SWD(2023) 906, publication forthcoming. 26 SEC(2023) 540, publication forthcoming.

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Option C includes measures aiming to achieve the highest level of consumer protection in

relation to refunds for cancelled packages and insolvency protection, in particular in a crisis,

but at high costs. This includes a strict limit of downpayments to 20% for both organisers and

service providers and the mandatory creation of a crisis fund.

Overall, Option A performs best. While it does not contain the most effective measures to

address the problems identified in all respects and is not maximalist in terms of consumer

protection, it does bring about significant benefits for travellers and businesses, including in

terms of preparedness for a future crisis, and at the lowest costs. Option A is the most efficient

and coherent of the three options assessed.

As a result, the preferred option would limit downpayments to 25% of the total price of the

package, allowing the organiser to demand the remaining payment 4 weeks before the start of

the package holiday. However, organisers would maintain the flexibility to request higher

downpayments if justified by the need to make higher advance payments to service providers

or to cover other costs related specifically to the organisation and performance of the package

insofar as it is necessary to cover those costs at the time of booking.27 Overall, the burden on

companies would remain limited and only slight price increases for travellers could be

expected.

In addition, it would bring in the right to a business-to-business refund where the relevant

service is not provided. In such case, the organiser would be entitled to a refund of payments

made to the service provider(s), e.g. airlines and hotels, within 7 days of the service being

cancelled or not performed. This would enable organisers to make refunds to travellers within

the 14-day refund deadline set in the Directive, while maintaining their liquidity. Where a

travel service provider cancels or does otherwise 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 for the travellers. Furthermore,

organisers would be able to offer vouchers as an alternative to a refund, subject to complying

with specific guarantees introduced that are largely in line with the 2020 Commission

Recommendation.

Finally, it is conceivable for Member States to provide for mechanisms ensuring refunds to

travellers in accordance with the legal requirements, for example, in cases where packages are

cancelled due to unavoidable and extraordinary circumstances and where organisers are

unable comply with their refund obligations. Where Member States introduce or maintain

such mechanisms, they will be obliged to inform the Commission and the central contact

points of the other Member States about such mechanisms. Such mechanisms are normally

funded exclusively through contributions from organisers. Only in exceptional circumstances

can such mechanisms be co-financed by Member States, and their introduction is without

prejudice to the Union provisions on State aid. This provision would be cost-neutral in the

long-term. Overall, these measures will improve consumer protection at only very limited

costs to businesses (package travel organisers and service providers).

To better protect travellers against the insolvency of organisers, the proposal aims to

strengthen the insolvency rules of the PTD. Member States will continue to decide themselves

27 This measure would be in line with the current practice in Germany, where, based on national case-law on

unfair contract terms, downpayments are limited to a 20% down payment at the time of booking, the rest being

due not more than 30 days before the beginning of the trip. As an exception to this general rule, downpayment

can be higher than 20% in circumstances where the organiser duly justifies it, due to expenditures present at

the time of the conclusion of the contract.

EN 11 EN

how best to implement an effective insolvency protection system, but the proposal contains

additional specifications. Member States will be obliged to supervise insolvency protection

arrangements of organisers and monitor the market for the provision of insolvency protection,

and, if necessary, they may require a second level of protection, such as a back-up fund. Since

the PTD already requires a certain level of insolvency protection and since the preferred

option would only specify how to achieve this objective, this specification is not likely to

increase costs. The proposal further clarifies that vouchers proposed instead of a refund, and

outstanding refund claims, are covered by insolvency protection. Therefore, it may in practice

lead to somewhat increased insolvency protection costs for companies in those Member States

where vouchers and refund claims are not currently covered by insolvency protection. These

cost increases may be passed on to travellers. At the same time, this measure will benefit

organisers in that it will make vouchers more attractive for travellers. Overall, any resulting

cost increases are thus likely to be limited.

Lastly, the proposal deletes one type of linked travel arrangements (LTAs type (a)) and three

information forms from the PTD. It would amend the definition of click-through package and

of single-point-of-sale package. This would bring about simplification clearer, more

enforceable rules, and clearer information for travellers, as requested by many stakeholders,

while maintaining or increasing the current level of consumer protection. It would be

indicated that official travel warnings are an important element when determining whether a

package cannot be performed due to unavoidable and extraordinary circumstances, while the

principle of a case-by-case assessment should be maintained. It is also proposed to specify

that circumstances in the country of departure, residence and of the destination may be taken

into account when assessing the right for travellers to cancel a package due to unavoidable

and extraordinary circumstances. Finally, the proposal will clarify the roles of different actors

but the legal obligation to refund advance payments will remain with the organiser. These

changes will provide greater clarity for both travellers and package organisers and should

thereby reduce administrative costs for businesses and reduce consumer detriment.

Under the preferred option, consumers will gain from the fact that simplified and clarified

rules will reduce the scope for circumvention and clarify the information available to

travellers, hereby leading to fewer legal disputes, thus saving time, costs and efforts for all

stakeholders. In exchange for these benefits to travellers, there is expected to be a small

increase in package prices (i.e. 0.3%), as organisers (and service providers) are expected to

pass any potential cost increases onto consumers. However, this minor price increase is

negligible compared to other factors, including the very high inflation that has affected most

economies, including EU Member States, over the last two years. In addition, there is recent

evidence from the UK ATOL reform survey28 and feedback from EU consumer

organisations29,30 indicating that sometimes travellers prefer to pay substantially more to enjoy

higher protection. Therefore, the measures included in the preferred option are not expected to

lead to any decrease in consumption of packages by travellers. 31 Overall, as a result of the

preferred option, consumers will be better off than under the status quo.

28 https://consultations.caa.co.uk/corporate-communications/atol-reform-request-for-further-

information/user_uploads/atol-reform-request-for-further-information--cap2496-.pdf 29 Replies of BEUC, VZV and DECO to Q1 of the OPC. 30 BEUC’s position paper, p. 11, https://www.beuc.eu/sites/default/files/publications/beuc-x-2021-

115_package_travel_directive_beuc_s_views_on_how_to_regain_consumer_trust_in_the_tourism_sector.pdf 31 To be noted, however, that in view of the high price elasticity of travel services, some impact on sales to low-

budget travellers cannot be fully excluded. See also Annex 8.

EN 12 EN

In terms of the environmental impacts, some of the policy measures may lead to small price

increases for packages. Price increases could potentially result in fewer packages being sold.

However, any price increase that could be linked directly to changes in the Directive is

unlikely to lead to a reduction in overall travel and thus, to a lower carbon footprint of the

travel sector, as consumers may simply turn towards standalone services. The proposed policy

measures are not expected to increase the carbon footprint of travel either and therefore they

are not expected to have a significant environmental impact. Therefore, the proposal is

consistent with the environmental objectives of the European Green Deal and the European

Climate Law32 and with the ‘do no significant harm’ principle.33

The proposed policy changes are expected to have a neutral impact on the ‘digital by default’

principle. In terms of social impacts, any impacts on consumer protection, consumer trust and

income distribution are included in the economic impacts on travellers and businesses.

• Regulatory fitness and simplification

The revision of the Directive would bring benefits for travellers as well as travel businesses. It

would also give rise to some costs for businesses, which could be passed onto travellers.

However, it is also expected to reduce the burden on businesses, particularly as a result of

greater legal clarity and simplification. In addition, some Member States have already adopted

several of the measures that could lead to moderate cost increases. Consequently, in those

Member States, businesses would not face additional costs.

As regards reducing the burden on public administrations, the higher degree of legal clarity

and the simplified regulatory framework are expected to increase the level of compliance and

would make enforcement more efficient. In addition, Member States can identify best

practices by looking at other Member States that have already implemented the measures

presented as voluntary under the preferred option.

According to the evaluation, in 2019, around 99% of organisers in the EU were SMEs. 96%

of companies that responded to the public consultation are SMEs, the majority of which are

micro companies. Given the strong representation of SMEs and micro-enterprises in the

sector, the limited impacts on costs for all businesses also reflect the situation of SMEs and

micro-enterprises. SMEs and micro-enterprises will benefit from certain measures, for

example, the new business-to-business refund right and the possibility to offer vouchers to

travellers instead of refunds, in the same way as larger companies. Therefore, it would not be

justified to exempt micro-enterprises or to propose transition periods. The Commission took

account of the views and specificities of micro-enterprises when designing the measures

included in the revision of the Directive.

The use of online channels to conclude package travel contracts has been on the rise in recent

years. The revision of the previous PTD in 2015 already took account of this trend. While

certain provisions, e.g. on linked travel arrangements and possible changes to them, may be

relevant to online sales, the assessed policy measures are not expected to have any significant

32 Regulation (EU) 2021/1119 33 ‘Do no significant harm’ means not supporting or carrying out economic activities that do significant harm to

any environmental objective, where relevant, within the meaning of Article 17 of Regulation (EU) 2020/852.

EN 13 EN

impact on digitalisation. Consequently, the proposed revision of the Directive is expected to

have a neutral impact on the application of the ‘digital by default’ principle.

• Fundamental rights

The Charter of Fundamental Rights of the European Union protects a broad range of rights in

the area of consumer law and internal market.

The proposed Directive does not have a negative effect or limit any fundamental rights. The

positive impacts of improving the functioning internal market in the package travel sector are

likely to enable more EU citizens to exercise their rights under clearer conditions. In addition,

the revised PTD is expected to facilitate the free movement of citizens both within, across and

outside the EU, through simpler and clearer legislation related to package travel services and

stronger travellers’ rights related to refunds in the event of organiser’s insolvency or in some

exceptional crisis periods. The simplifications and improved information to travellers

proposed are also expected to have a positive impact on people with disabilities.

While the proposed revision may increase transaction costs for some businesses, it will also

decrease some costs, thanks to the simplification and improved legal certainty brought in by

the revision. Further harmonisation is expected to even the playing field and thus facilitate the

development of cross-border trade and/or services within the EU for package travel.

Overall, the combination of policy measures contained in the proposed Directive seeks to

strike a balance between consumer rights and the right to conduct business in the package

travel sector.

4. BUDGETARY IMPLICATIONS

The proposal does not require additional resources from the European Union's budget.

5. OTHER ELEMENTS

• Implementation plans and monitoring, evaluation and reporting arrangements

Member States must transpose the Directive 18 months after it enters into force and

communicate to the Commission the national transposition measures via Themis. The

Commission stands ready to provide technical support to Member States to implement the

Directive.

The Commission will review the implementation of the Directive five years after it enters into

force and, if necessary, propose legislative amendments. It will monitor progress towards

achieving the objectives of the initiative by tracking a series of core indicators (listed in the

impact assessment report). The monitoring framework will be adjusted in line with the final

legal and implementation requirements.

• Detailed explanation of the specific provisions of the proposal

Article 1 of this proposal amends Directive (EU) 2015/2302 as follows.

EN 14 EN

Article 3(2) (Package): The definition of a package is adapted to reflect that, when services

are purchased from separate traders through linked online booking processes, they are

considered as a package when the traveller’s personal details are transferred from one trader

to another trader. Bookings of different types of travel services for the same trip or holiday at

one point of sale within a short period of time are considered as packages in the same way as

bookings of different types of travel services for the same trip or holiday at one point of sale

where the services are selected before the traveller concludes the first contract. This avoids

the current overlap in the definitions of package and linked travel arrangement as defined in

Article 3(5)(a). Accordingly, Article 3(5)(a) is deleted. The revised Directive also clarifies

that a combination of one or more types of services related to transport, accommodation or car

rental with one or more other tourist services that do not account for more than 25% of the

value of the combination and are not advertised as and do not represent an essential feature of

the combination, do not constitute a package. The reference to 25% is taken from recital 18 of

the current Directive and replaces the formulation ‘significant proportion’.

Article 3(5) (Linked Travel Arrangement): This definition is simplified and clarified.

Article 5(1) is amended to specify that information on the traveller’s right to terminate the

package travel contract due to unavoidable and extraordinary circumstances is made

mandatory in addition to a cancellation right against a termination fee.

New Article 5a (Payments): A new article on payments is inserted. This article provides that,

in principle, downpayments may not exceed 25% of the package price and that the remaining

payments may not be due earlier than 28 days before the start of the package. However,

higher downpayments may be requested where this is necessary to ensure the organisation and

performance of the package. Article 5a does not apply to packages booked less than 28 days

before the start of the package and for package travel gift boxes.

Article 7(2) (Content of the package travel contract and documents to be supplied before the

start of the package): The contract must now specify that the organiser is the party responsible

for refunds and that travellers may contact the organisers via the retailer, in line with legal

provisions. It adds that the relevant information form set out in Annex I to the Directive

should be attached to the package travel contract so that it remains easily accessible to

travellers after the pre-contractual stage.

Article 12(2) (Termination of the package travel contract and the right of withdrawal before

the start of the package): The new wording of this paragraph on terminating a contract due to

unavoidable and extraordinary circumstances contains further specifications to clarify this

cancellation right. The new wording clarifies that this right applies in the event of unavoidable

and extraordinary circumstances at the travel destination or its immediate vicinity or affecting

the journey to the destination but also at the places of residence or departure, in all cases

significantly affecting the performance of the package travel. The new wording also clarifies

that contracts may be terminated where it can be reasonably expected that the performance of

the package travel contract will be significantly affected by unavoidable and extraordinary

circumstances.

New Article 12(3a): A new paragraph is added to clarify that official travel warnings issued

by authorities or serious restrictions covering the travel destination or after returning from

there are important elements in assessing whether unavoidable and extraordinary

circumstances have arisen and significantly affect the performance of a package.

EN 15 EN

Article 12(4): This paragraph is amended to clarify that the organiser is obliged to refund the

traveller in the event of a termination of the contract under Articles 12(2) or 12(3), regardless

of whether the traveller specifically asks for a refund. In addition, a new subparagraph

provides that, where Member States introduce or maintain mechanisms aiming to ensure that

refunds to travellers are made pursuant to Article 12(4), they have to inform the Commission

and the central contact points of the other Member States on the relevant provisions. Any co-

financing of such mechanisms by Member States is possible only in exceptional and duly

justified circumstances and is conditional on approval under the Union State aid provisions.

New Article 12a (Vouchers): A new article on vouchers is inserted. It specifies that when a

contract is terminated, organisers may issue travellers with vouchers instead of a cash refund,

but before accepting them, the traveller must be informed that they are not obliged to accept

the voucher. Such vouchers should be valid for 12 months and their duration may be extended

once with the approval of both parties. Their value must be at least equal to the amount of the

refund. They must be transferable and covered by insolvency protection.

The proposed new text of Article 17 aims to make insolvency protection more effective and

uniform in the EU by adding some clarifications and specifications, some of which stem from

the recitals of Directive (EU) 2015/2302. Some paragraphs of Article 17 remain unchanged.

Article 17(1) (Effectiveness and scope of insolvency protection): In the first sub-paragraph of

paragraph 17(1) it is clarified that refund claims and vouchers are also covered by insolvency

protection.

Article 17(2) is amended to reflect that the security should be sufficient to cover costs for

refunds and repatriations in cases where an insolvency occurs at a time when an organiser

holds the highest sums in a business year and that the security should take into account

changes in the volume of packages sold and of necessary repatriations to be covered

compared to the anticipated volume.

Article 17(3): It specifies that Member States supervise the insolvency protection

arrangements of organisers, monitor the market for the provision of insolvency protection,

and may require a second level of protection, such as a back-up fund. Any co-financing of

such requirements by Member States is possible only in exceptional and duly justified

circumstances and is conditional on approval under the Union State aid provisions.

Article 17(6): The new wording of this paragraph includes a more specific deadline for

refunds in the event of cancellation of the package as a result of insolvency, in addition to the

general criterion ‘without undue delay’. This period is 3 months after the traveller has

submitted the documents needed to examine the request.

New Article 17(7): A new paragraph 6 is inserted allowing Member States to oblige retailers

to take out insolvency protection, where this is justified in light of the risk exposure of

travellers, reflecting the wording of recital 41 of Directive (EU) 2015/2302.

Article 18(2) (Mutual recognition of insolvency protection and administrative cooperation):

This paragraph is amended to clarify that central contact points in the Member States should

also exchange information on insolvency protection and related questions, including refunds

for terminated package travel contracts.

EN 16 EN

Article 19 (Insolvency protection and information requirements for linked travel

arrangements): This article is amended to reflect the simplified concept of linked travel

arrangements.

Article 22 (Right of redress and refunds from service providers to organisers): A new

paragraph is added specifying that where service providers cancel or do not provide a service

which is part of the package, they have an obligation to refund to the organiser the payments

received for the relevant service within 7 days.

Annex I to Directive (EU) 2015/2302 is replaced in order to provide travellers with clearer

information on their rights.

Annex II to Directive (EU) 2015/2302 is replaced in order to take into account the

simplification regarding the concept of linked travel arrangement and in order to improve the

implementation of this concept.

Article 2 of this proposal provides that, 5 years after its entry into force, the Commission must

submit a report to the European Parliament and to the Council on the application of this

Directive, taking into account the impact on SMEs. Article 3 of this proposal sets out that the

Member States must transpose the amending Directive within 18 months of its entry into

force. The amending Directive would enter into force on the twentieth day after its publication

in the Official Journal. Member States would be obliged to start applying the Directive 6

months from the date of its transposition.

EN 17 EN

2023/0435 (COD)

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

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular

Article 114 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee1,

Having regard to the opinion of the Committee of the Regions2,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1) Directive (EU) 2015/2302 of the European Parliament and of the Council3 modernised

the legal framework for package travel in light of developments in the market and

technology. That Directive aimed to cover new ways of booking travel services that

had emerged, including customised combinations of travel services, which were not

covered by Council Directive 90/314/EEC4 or which were in a legal grey area, and

strengthened the rights of travellers in different respects. At the same time, it aimed to

ensure fairer competition between the different types of travel businesses active in the

package travel market.

(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

1 OJ C , , p. . 2 OJ C , , p. . 3 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on

package travel and linked travel arrangements, 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 (OJ L 326, 11.12.2015, p. 1). 4 Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours (OJ

L 158, 23.6.1990, p. 59).

EN 18 EN

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.

(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.

(4) Therefore, it is necessary to close the gaps identified in the current rules, as well as to

clarify and simplify certain concepts and provisions, thus enhancing the effectiveness

of Directive (EU) 2015/2302 for the benefit of travellers and travel businesses,

amongst which there is a large number of micro, small and medium-sized enterprises.

(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.

(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.

(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.

EN 19 EN

(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.

(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.

(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.

(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.

(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

EN 20 EN

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.

(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.

(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.

(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.

(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.

(17) It is conceivable for Member States to provide for mechanisms ensuring refunds to

travellers in accordance with the legal requirements, for cases where packages are

cancelled due to unavoidable and extraordinary circumstances and where organisers

are unable comply with their refund obligations. In order to increase transparency,

Member States introducing or maintaining such mechanisms should be obliged to

inform the Commission and the central contact points of the other Member States

about such mechanisms. Such mechanisms are normally funded exclusively through

contributions from organisers. Only in exceptional circumstances can such

EN 21 EN

mechanisms be co-financed by Member States, and their introduction is without

prejudice to the Union provisions on State aid.

(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.

(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.

(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.

(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.

(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.

(23) Regarding refunds of payments in case of an organiser’s insolvency, the period for

refunds should be further specified, referring to 3 months after the traveller has

submitted the documents necessary to examine the request. It is also appropriate to lay

down in a provision that Member States may require retailers to take out insolvency

protection in addition to organisers.

EN 22 EN

(24) It should be clarified that the central contact points are responsible for the exchange of

information in relation to insolvency protection and related questions, including any

mechanisms to ensure timely refunds for terminated package travel contracts.

(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.

(26) Directive (EU) 2015/2302 should, therefore, be amended accordingly.

(27) Since the objective of this Directive, namely to contribute to the proper functioning of

the internal market in relation to package travel and to the achievement of a high and

as uniform as possible level of consumer protection in this sector, cannot be

sufficiently achieved by the Member States, but can rather, by reason of its scale and

effects, be better achieved at Union level, the Union may adopt measures, in

accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on

European Union. In accordance with the principle of proportionality, as set out in that

Article, this Directive does not go beyond what is necessary in order to achieve that

objective.

(28) This Directive respects the fundamental rights and observes the principles recognised

by the Charter of Fundamental Rights of the European Union. This Directive, in

particular, respects the freedom to conduct a business laid down in Article 16 of the

Charter, while ensuring a high level of consumer protection within the Union, in

accordance with Article 38 of the Charter.

(29) The Commission should submit to the European Parliament and to the Council a

report on the application of this Directive within 5 years of its entry into force. While the

impacts of this Directive on travel businesses, including on micro, small and medium-sized

organisers have been carefully assessed, it is appropriate to take into account in this report the

impact of its application on micro, small and medium-sized organisers. Where necessary, the

report should be accompanied by legislative proposals,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Amendments to Directive (EU) 2015/2302

Directive (EU) 2015/2302 is amended as follows:

(1) Article 1 is replaced by the following:

‘Article 1

Subject matter

EN 23 EN

‘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’.

(2) in Article 2, paragraph 1 is replaced by the following:

‘1. This Directive applies to packages offered for sale or sold by traders to travellers

and to linked travel arrangements facilitated by traders for travellers.

It also applies to refund rights of organisers as defined in Article 3(8) against travel

service providers in case of cancellation or non-provision of a service that is part of a

travel package.

(3) 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,

as defined in point 1, 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, and:

(i) those services are purchased from a single point of sale and

- have been selected before the traveller agrees to pay, or

- 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 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

(ii) are offered, sold or paid at an inclusive or total price, regardless of

any separate billing, or

(iii) are advertised or sold under the term ‘package’ or under a similar

term, 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 travel services, or

(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.

EN 24 EN

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 replaced by the following:

‘(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.

(4) Article 5, paragraph 1, is amended as follows:

(a) point (d) is replaced by the following:

‘(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;’;

(b) point (g) is replaced by the following:

‘information that the traveller may terminate the 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 fees

requested by the organiser, in accordance with Article 12(1), and that the

traveller may terminate the package travel contract without paying any

termination fee due to unavoidable and extraordinary circumstances as

specified under Article 12(2);’.

(5) the following Article 5a is inserted:

‘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

EN 25 EN

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.’.

(6) 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 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;

(ii) where applicable, that the traveller may also contact the organiser via the

retailer.’

(b) the following paragraph 2a is inserted:

‘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.’.

(7) Article 12 is amended as follows:

(a) 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 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.’

(b) the following paragraph 3a is inserted:

‘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.’.

(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

EN 26 EN

the package travel contract is terminated, regardless of whether the traveller

specifically asks for a refund.’

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.’

(8) the following Article 12a is inserted:

‘Article 12a

Vouchers

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.

2. Before the traveller accepts the voucher, the organiser shall inform the traveller

clearly and prominently in writing about:

(a) the fact that the traveller is entitled to a refund within 14 days and is not obliged

to accept a voucher,

(b) the validity period of the voucher and the rights of travellers in relation to

vouchers as laid down in this Article,

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.

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.

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.

7. 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.

8. Vouchers shall be transferable to another traveller without any additional cost.

9. Vouchers shall be covered by insolvency protection to be arranged by the

organiser under Article 17 for the amount of the payments received from the

traveller.

(9) Article 17 is replaced with the following:

‘Article 17

Effectiveness and scope of insolvency protection

EN 27 EN

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 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.

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 for repatriations in the event of the

organiser’s insolvency. The security shall be sufficient to cover costs for

refunds and, where applicable, repatriations and vouchers, at all times. The

coverage shall take into account periods where organisers hold the highest

amounts of payments and 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, 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.

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. 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.

7. Where this is justified in light of payments received by retailers, Member

States may require retailers to take out insolvency protection in addition to

organisers irrespective of the second subparagraph of Article 13(1).’.

(10) in Article 18, 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

EN 28 EN

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.’

(11) Article 19 is replaced by the following:

‘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.

(12) Article 22 is replaced by the following:

‘Article 22

Right of redress and refund rights of organisers

(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, 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.’

(13) Annex I is replaced by the text in Annex I to this Directive.

(14) Annex II is replaced by the text in Annex II to this Directive.

EN 29 EN

Article 2

Reporting by the Commission and review

By [5 years after the entry into force of this Directive], the Commission shall submit to the

European Parliament and to the Council a report on the application of this Directive. This

report will also take into account the impact on micro, small and medium-sized organisers.

The report shall be accompanied, where necessary, by legislative proposals.

Article 3

Transposition

1. 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.

They shall apply those provisions from [6 months after the transposition deadline].

When Member States adopt those provisions, they shall contain a reference to this

Directive or be accompanied by such a reference on the occasion of their official

publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions

of national law which they adopt in the field covered by this Directive.

Article 4

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in

the Official Journal of the European Union.

Article 5

Addressees

This Directive is addressed to the Member States.

Done at Brussels,

For the European Parliament For the Council

The President The President

EN EN

EUROPEAN COMMISSION

Brussels, 29.11.2023

COM(2023) 905 final

ANNEXES 1 to 2

ANNEXES

to 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

{SEC(2023) 540 final} - {SWD(2023) 905 final} - {SWD(2023) 906 final} -

{SWD(2023) 907 final} - {SWD(2023) 908 final}

EN 1 EN

ANNEX I

Part A

Standard information form for package travel contracts where the use of hyperlinks is possible

MY KEY RIGHTS AS TRAVELLER

The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 on package travel.

Therefore, you will benefit from all EU rights applying to packages.

Company XY, as the organiser of this package, [where appropriate under the applicable national law] [and company XZ, as a retailer,]1 is [are] fully responsible for the proper performance of the package.

Additionally, as required by law, your payments to company XY [(where appropriate) and company YZ)2] are protected and, where the return journey is included in the package, your repatriation is guaranteed if this company/these companies were to become insolvent.

More information on key rights under Directive (EU) 2015/2302, including on payments, contract changes, cancellations, refunds, liability for improper performance and insolvency protection as well as parties to be contacted can be obtained here (to be provided in the form of a hyperlink).

Following the hyperlink, the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302

Information

— Travellers will receive all essential information about the package before concluding

the package travel contract.

— This includes information on the price and on the payments due at the time of

booking. Travellers may, in principle, not be asked to pay more than 25% of the total price at

the time of booking (downpayments) and the remaining payments may not be requested

earlier than 28 days before departure. However, organisers may ask for downpayments higher

than 25% where this is necessary to ensure the organisation and performance of the package.

— After concluding a package travel contract travellers will receive the contract on a

durable medium (for example, on paper or per e-mail).

1 The correct alternative is to be chosen by the Member States in light of their transposition of the

Directive. 2 See footnote 1.

EN 2 EN

Liable trader and contact points

— There is always at least one trader who is liable for the proper performance of all

travel services included in a package. This trader is the organiser of the package as

identified by the text in the box above and in the contract. The contract must contain the

organiser’s contact details.

— Where a package is sold via a retailer, travellers can always also contact the retailer if

there are any problems or to pass messages to the organiser. The retailer’s contact details are

also provided in the contract. Depending on the applicable national law, retailers may also be

liable for the performance of the package.

— Travellers will be given an emergency telephone number or details of a contact

point where they can get in touch with the organiser or the retailer (travel agent) while they

are on their trip or holiday.

Transfer of the contract

— Travellers may transfer the package to another person, possibly subject to a fee. The

traveller must give reasonable notice to the organiser or, where applicable, to the retailer.

Price increases

— 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.

Termination of the contract before the start of a package

— Travellers may terminate the contract without paying any termination fee and get a

full refund of any payments if any of the essential elements of the package are changed

significantly or if there is a price increase exceeding 8% of the price of the package.

— If, before the start of the package, the trader responsible for the package cancels the

package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the

start of the package if unavoidable and extraordinary circumstances significantly affect the

trip or holiday. Examples of extraordinary circumstances include natural disasters, serious

security problems or public health risks which can reasonably be expected to affect the

package.

— Additionally, travellers may, at any time before the start of the package, terminate the

contract, including on personal grounds, in return for an appropriate and justifiable

termination fee. Travellers must be informed on applicable termination fees before concluding

the contract and in the contract.

Refunds

EN 3 EN

— In all cases where the organiser or the traveller cancels the package, travellers must

receive a refund of their payments within 14 days (where appropriate, taking termination fees

into account). The organiser of the package is responsible for the refund. Where a retailer is

involved and where this is required by the applicable national law, also the retailer is

responsible for refunds.

— Where the organiser offers a voucher to be used for a future trip instead of a refund

within 14 days, travellers will receive information on their rights in relation to the voucher

and may choose to accept it or not.

Problems during the trip or holiday

— The organiser is obliged to remedy problems occurring during the performance of the

package. Travellers must inform the organiser of problems they encounter.

— If significant elements of the package cannot be provided as agreed, the organiser

must offer suitable alternative arrangements at no extra cost. Travellers may terminate the

contract without paying any fee, where services are not performed in accordance with the

contract, where this substantially affects the performance of the package, and the organiser

fails to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages

where the travel services are not performed or are improperly performed under the conditions

set out in Directive (EU) 2015/2302.

— The organiser has to provide assistance if the traveller is in difficulty, for instance

through providing information on health services, local authorities and consular assistance

and offering the possibility to make distance communications.

Insolvency protection

— If the organiser becomes insolvent, travellers’ payments will be refunded. In some

Member States there is also insolvency protection for payments to retailers. If the organiser

or, where applicable, the retailer becomes insolvent after the start of the package and if the

return journey is included in the package, repatriation of travellers is secured. XY has taken

out insolvency protection with YZ (the entity in charge of the insolvency protection, for

example a guarantee fund or an insurance company). Travellers may contact this entity or,

where applicable, the competent authority (contact details, including name, geographical

address, email and telephone number) if services are denied because of XY's insolvency.

EN 4 EN

Part B

Standard information form for package travel contracts in situations other than those

covered by Part A

The combination of travel services offered to you is a package within the meaning of

Directive (EU) 2015/2302.

Therefore, you will benefit from all EU rights applying to packages.

Company XY, as the organiser of this package, [where appropriate under the applicable

national law] [and company XZ, as a retailer,]3 is [are] fully responsible for the proper

performance of the package. Additionally, as required by law, your payments to company XY

[(where appropriate) and company YZ)4] are protected and, where the return journey is

included in the package, your repatriation is guaranteed if this company/these companies were

to become insolvent.

More information on key rights under Directive (EU) 2015/2302, including on contract

changes, cancellations, refunds, liability for improper performance and insolvency protection

as well as parties to be contacted is presented below.

Key rights under Directive (EU) 2015/2302

Information

— Travellers will receive all essential information about the package before concluding

the package travel contract.

— This includes information on the price and on the payments due at the time of

booking. Travellers may, in principle, not be asked to pay more than 25% of the total price at

the time of booking (downpayments) and the remaining payments may not be requested

earlier than 28 days before departure. However, organisers may ask for downpayments higher

than 25% where this is necessary to ensure the organisation and performance of the package.

— After concluding a package travel contract travellers will receive the contract on a

durable medium (for example, on paper or per e-mail).

Liable trader and contact points

— There is always at least one trader who is liable for the proper performance of all

travel services included in the contract. This trader is the organiser of the package as

identified by the text in the box above and in the contract. The contract must contain the

organiser’ contact details.

3 The correct alternative is to be chosen by the Member States in light of their transposition of the

Directive. 4 See footnote 1.

EN 5 EN

— Where a package is sold via a retailer, travellers can always also contact the retailer if

there are any problems or to pass messages to the organiser. The retailer’s contact details are

also provided in the contract. Depending on the applicable national law, retailers may also be

liable for the performance of the package.

— Travellers will be given an emergency telephone number or details of a contact

point where they can get in touch with the organiser or the retailer (travel agent) while they

are on their trip or holiday.

Transfer of the contract

— Travellers may transfer the package to another person, possibly subject to a fee. The

traveller must give reasonable notice to the organiser or, where applicable, to the retailer.

Price increases

— 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. If 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.

Termination of the contract before the start of a package

— Travellers may terminate the contract without paying any termination fee and get a

full refund of any payments if any of the essential elements of the package are changed

significantly or if there is a price increase exceeding 8% of the price of the package.

— If, before the start of the package the trader responsible for the package cancels the

package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the

start of the package if unavoidable and extraordinary circumstances significantly affect the

trip or holiday. Examples of extraordinary circumstances include natural disasters, serious

security problems or public health risks which can reasonably be expected to affect the

package.

— Additionally, travellers may, at any time before the start of the package, terminate the

contract, including on personal grounds, in return for an appropriate and justifiable

termination fee. Travellers must be informed on applicable termination fees before concluding

the contract and in the contract.

Refunds

— In all cases where the organiser or the traveller cancels the package, travellers must

receive a refund of their payments within 14 days (where appropriate, taking termination fees

into account). The organiser of the package is responsible for the refund. Where a retailer is

EN 6 EN

involved and where this is required by the applicable national law, the retailer is also

responsible for refunds.

— Where the organiser offers a voucher to be used for a future trip instead of a refund

within 14 days, travellers will receive information on their rights in relation to the voucher

and may choose to accept it or not.

Problems during the trip or holiday

— The organiser is obliged to remedy problems occurring during the performance of the

package. Travellers must inform the organiser of problems they encounter.

— If significant elements of the package cannot be provided as agreed, the organiser

must offer suitable alternative arrangements at no extra cost. Travellers may terminate the

contract without paying any fee, where services are not performed in accordance with the

contract, and this substantially affects the performance of the package, and the organiser fails

to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages

where the travel services are not performed or are improperly performed.

— The organiser has to provide assistance if the traveller is in difficulty, for instance

through providing information on health services, local authorities and consular assistance

and offering the possibility to make distance communications.

Insolvency protection

— If the organiser becomes insolvent, travellers’ payments will be refunded. In some

Member States there is also insolvency protection for payments to retailers. If the organiser

or, where applicable, the retailer becomes insolvent after the start of the package and if

transport is included in the package, repatriation of travellers is secured. XY has taken out

insolvency protection with YZ (the entity in charge of the insolvency protection, for example

a guarantee fund or an insurance company). Travellers may contact this entity or, where

applicable, the competent authority (contact details, including name, geographical address,

email and telephone number) if services are denied because of XY's insolvency.

(Website where Directive (EU) 2015/2302 as transposed into national law can be found.)

EN 7 EN

Part C

Standard information form where the organiser transmits data to another trader in

accordance with Article 3, point 2(b)(v)

If you conclude a contract with company AB after receiving the confirmation of the booking

from company XY the travel service provided by XY and AB will constitute a package within

the meaning of Directive (EU) 2015/2302.

Therefore, you will benefit from all EU rights applying to packages. Company XY will be

fully responsible for the proper performance of the package.

Additionally, as required by law, company XY has protection in place to refund your

payments and, where transport is included in the package, to ensure your repatriation in the

event that it becomes insolvent.

More information on key rights under Directive (EU) 2015/2302, including on contract

changes, cancellations, refunds, liability for improper performance and insolvency protection

as well as parties to be contacted (to be provided in the form of a hyperlink).

Following the hyperlink the traveller will receive the following information:

Key rights under Directive (EU) 2015/2302

Information

— Travellers will receive all essential information about the package before concluding

the package travel contract.

— This includes information on the price and on the payments due at the time of

booking. Travellers may, in principle, not be asked to pay more than 25% of the total price at

the time of booking (downpayments) and the remaining payments may not be requested

earlier than 28 days before departure. However, organisers may ask for downpayments higher

than 25% where this is necessary to ensure the organisation and performance of the package.

— After concluding a package travel contract travellers will receive the contract on a

durable medium (for example, on paper or per e-mail).

Liable trader and contact points

— There is always at least one trader who is liable for the proper performance of all

travel services included in a package. This trader is the organiser of the package as

identified by the text in the box above and in the contract. The contract must contain the

organiser’ contact details.

— Travellers will be given an emergency telephone number or details of a contact

point where they can get in touch with the organiser or the travel agent.

Transfer of the contract

EN 8 EN

— Travellers may transfer the package to another person, possibly subject to a fee. The

traveller must give reasonable notice to the organiser or, where applicable, to the retailer.

Price increases

— 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 in any event not later than 20 days

before the start of the package. If the price increase exceeds 8 % of the price of the package,

the travellers may terminate the contract. If 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.

Termination of the contract before the start of a package

— Travellers may terminate the contract without paying any termination fee and get a

full refund of any payments if any of the essential elements of the package are changed

significantly or if there is a price increase exceeding 8% of the price of the package.

— If, before the start of the package the trader responsible for the package cancels the

package, travellers are entitled to a refund and compensation where appropriate.

— Travellers may terminate the contract without paying any termination fee before the

start of the package in the event of unavoidable and extraordinary circumstances

significantly affect the trip or holiday. Examples of extraordinary circumstances include

natural disasters, serious security problems or public health risks which can reasonably be

expected to affect the package.

— Additionally, travellers may, at any time before the start of the package, terminate the

contract, including on personal grounds, in return for an appropriate and justifiable

termination fee. Travellers must be informed on such fees before concluding the contract and

in the contract.

Refunds

— In all cases where the organiser or the traveller cancels the package, travellers must

receive a refund of their payments within 14 days (where appropriate, taking termination fees

into account). The organiser of the package is responsible for the refund. Where a retailer is

involved and where this is required by the applicable national law, also the retailer is

responsible for refunds.

— Where the organiser offers a voucher to be used for a future trip instead of a refund

within 14 days, travellers will receive information on their rights in relation to the voucher

and may choose to accept it or not.

Problems during the trip or holiday

— The organiser is obliged to remedy problems occurring during the performance of the

package. Travellers must inform the organiser of problems they encounter.

EN 9 EN

— If significant elements of the package cannot be provided as agreed, the organiser

must offer suitable alternative arrangements at no extra cost. Travellers may terminate the

contract without paying any fee, where services are not performed in accordance with the

contract, and this substantially affects the performance of the package, and the organiser fails

to remedy the problem.

— Travellers are also entitled to a price reduction and/or compensation for damages

where the travel services are not performed or are improperly performed under the conditions

set out in Directive (EU) 2015/2302.

— The organiser has to provide assistance if the traveller is in difficulty, for instance

through providing information on health services, local authorities and consular assistance

and offering the possibility to make distance communications.

Insolvency protection

— If the organiser becomes insolvent, travellers’ payments will be refunded. In some

Member States there is also insolvency protection for payments to retailers. If the organiser

or, where applicable, the retailer becomes insolvent after the start of the package and if

transport is included in the package, repatriation of travellers is secured. XY has taken out

insolvency protection with YZ [the entity in charge of the insolvency protection, for example

a guarantee fund or an insurance company). Travellers may contact this entity or, where

applicable, the competent authority (contact details, including name, geographical address,

email and telephone number) if services are denied because of XY's insolvency.

Directive (EU) 2015/2302 as transposed into national law (hyperlink)

EN 10 EN

ANNEX II

Part A

Standard information form where the trader facilitating a linked travel arrangement within the meaning of point 5 of Article 3 is a carrier responsible for

the traveller’s return journey

If you book additional types of travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider.

However, if you book additional travel services via this link/these links within 24 hours of receiving the confirmation of the booking of the first travel service, as required by EU law, your payments to XY will be protected in the event of XY's insolvency. Where necessary, your repatriation will be ensured. Please note that you will not receive a refund if the relevant service provider becomes insolvent.

In order to benefit from this protection, you are advised to record the invitation to book

additional travel service and the additional booking, for instance through screenshots, and to inform XY about the additional travel services you booked within 24 hours for your trip or holiday at this email address or on this website: … [to be filled in by the trader].

More information on insolvency protection (to be provided in the form of a hyperlink)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, for example a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

Directive (EU) 2015/2302 as transposed into the national law (hyperlink)

EN 11 EN

Part B

Standard information form where the trader facilitating a linked travel arrangement within the meaning of point 5 of Article 3 is a trader other than a

carrier responsible for the traveller’s return journey

If you book additional types of travel services for your trip or holiday via this link/these links, you will NOT benefit from rights applying to packages under Directive (EU) 2015/2302.

Therefore, our company/XY will not be responsible for the proper performance of those additional travel services. In case of problems, please contact the relevant service provider.

However, if you book additional travel services via this link/these links within 24 hours of receiving the confirmation of the booking of the first travel service, as required by EU law, your payments to XY will be protected in the event of XY's insolvency. Please note that you will not receive a refund if the relevant service provider becomes insolvent.

In order to benefit from this protection, you are advised to record the invitation to book

additional travel service and the additional booking, for instance through screenshots, and to inform XY about the additional travel services you booked within 24 hours for your trip or holiday at this email address or on this website: … [to be filled in by the trader].

More information on insolvency protection (to be provided in the form of a hyperlink)

Following the hyperlink the traveller will receive the following information:

XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, for example a guarantee fund or an insurance company).

Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if the services are denied because of XY's insolvency.

Note: This insolvency protection does not cover contracts with parties other than XY, which can be performed despite XY's insolvency.

Directive (EU) 2015/2302 as transposed into the national law (hyperlink)

    Resolutsiooni liik: Riigikantselei resolutsioon Viide: Majandus- ja Kommunikatsiooniministeerium /  / ; Riigikantselei /  / 2-5/23-02418

Resolutsiooni teema: Pakettreisi direktiiv

Adressaat: Majandus- ja Kommunikatsiooniministeerium Ülesanne: Tulenevalt Riigikogu kodu- ja töökorra seaduse § 152` lg 1 p 2 ning Vabariigi Valitsuse reglemendi § 3 lg 4 palun valmistada ette Vabariigi Valitsuse seisukoha ja otsuse eelnõu järgneva algatuse kohta, kaasates seejuures olulisi huvigruppe ja osapooli: - 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, COM(2023) 905.

EISi toimiku nr: 23-0496

Tähtaeg: 04.03.2024

Adressaat: Justiitsministeerium Ülesanne: Palun esitada oma sisend Majandus- ja Kommunikatsiooniministeeriumile seisukohtade kujundamiseks antud eelnõu kohta (eelnõude infosüsteemi (EIS) kaudu).

Tähtaeg: 01.02.2024

Lisainfo: Eelnõu on kavas arutada valitsuse 14.03.2024 istungil ja Vabariigi Valitsuse reglemendi § 6 lg 6 kohaselt sellele eelneval nädalal (06.03.2024) EL koordinatsioonikogus. Esialgsed materjalid EL koordinatsioonikoguks palume esitada hiljemalt 04.03.2024.

Kinnitaja: Merli Vahar, Euroopa Liidu asjade direktori asetäitja Kinnitamise kuupäev: 19.12.2023 Resolutsiooni koostaja: Elen Nurme [email protected], 693 5201      

15.12.2023

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending

Directive (EU) 2015/2302 to make the protection of travellers more efective and to simplify and clarify

certain aspects of the Directive

Otsuse ettepanek koordinatsioonikogule

Peavastutaja: MKM; kaasvastutaja: JM

Kujundada seisukoht

Kaasvastutaja sisendi tähtpäev 01.02.2024

KOKi esitamise tähtpäev 06.03.2024

VV esitamise tähtpäev 14.03.2024

Subsidiaarsustähtaeg ei ole veel jooksma hakanud, sest kõiki tõlkeid ei ole veel (eestikeelset teksti on oodata jaanuari esimeses pooles)

Seisukoha valitsusse toomise alus ja põhjendus

Algatuse reguleerimisala nõuab vastavalt Eesti Vabariigi põhiseadusele seaduse või Riigikogu otsuse vastuvõtmist, muutmist või kehtetuks tunnistamist (RKKTS § 152¹ lg 1 p 1);

Algatuse vastuvõtmisega kaasneks oluline majanduslik või sotsiaalne mõju (RKKTS § 152¹ lg 1 p 2);

Sisukokkuvõte

Euroopa Komisjon on välja tulnud nn pakettreisidirektiivi muudatusettepanekutega. Eesmärgiks on muuta reisijate kaitse tõhusamaks, sealhulgas kriisiolukordades, parandades samal ajal siseturu toimimist reisipakettsektoris.

Reisipakettide direktiiv hõlmab eelnevalt kokkulepitud puhkusepakette, aga ka kohandatud pakette, mille puhul reisija valib veebis või veebiväliselt eri tüüpi reisiteenuseid (transport, majutus, autorent jne). Paketid pakuvad reisijale laialdast kaitset ning paketi korraldaja vastutab täielikult kõigi kaasatud reisiteenuste osutamise eest ning on kohustatud hankima maksejõuetuse kaitse, et katta reisija maksed ja nende tagasisaatmine.

COVID-19 pandeemia puhang tõi kaasa pakettide tühistamise, samas kui uusi broneeringuid ei tulnud. Korraldajate likviidsusprobleemide tõttu ei saanud paljud reisijad tühistatud pakettreiside eest ettemaksu tagasi või said need alles märkimisväärselt hiljem kui pakettreiside direktiivis nõutud 14 päeva. 2020. aasta mais võttis komisjon vastu soovituse vabatahtlike vautšerite ja nende reisijate jaoks atraktiivsemaks muutmise viiside kohta, sealhulgas kaitstes neid korraldaja maksejõuetuse eest.

Reegleid selgitatakse ja lihtsustatakse: reisijad saavad selget teavet selle kohta, kas neile pakutavate reisiteenuste kombinatsioon on pakettreis, kes on vastutav kaupleja ja nende õiguste kohta pakettreisijana. Reisijate õigusi tugevdatakse, ka tulevaste kriiside korral: ettemaksed pakettreiside eest broneerimisel ei tohi olla suuremad kui 25% paketi hinnast ning korraldajad ei tohi küsida kogusummat varem kui 28 päeva (neli nädalat) enne algust. Korraldajad võivad aga nõuda suuremaid sissemakseid juhtudel, kui see on vajalik paketi korraldamise ja toimimise tagamiseks.

Reisipaketi korraldajatel on õigus reisiteenuse osutajatelt 7 päeva jooksul raha tagasi saada, kui reisiteenus tühistatakse või seda ei osutata, et korraldajatel oleks võimalik reisijatele raha tagasi maksta 14 päeva jooksul.

Kui reisijad või korraldajad paketi tühistavad, saavad reisijad selget teavet oma õiguste kohta seoses vautšeriga, sealhulgas õiguse kohta vautšer vastu võtta või nõuda raha tagasi 14 päeva jooksul.

Täpsustatud on, et maksejõuetuskaitse alla kuuluvad vautšerid ja tagasimakseõigused. Liikmesriigid võivad vajaduse korral luua maksejõuetuse tagavarafonde, et tugevdada oma riiklikke maksejõuetuskaitsesüsteeme.

Kaasamine: kaasata kõik asjasse puutuvad partnerid ja huvigrupid

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