Forslag til EUROPA-PARLAMENTETS OG RÅDETS DIREKTIV om ændring af direktiv (EU) 2015/2302 med henblik på at sikre en mere effektiv beskyttelse af rejsende og forenkle og præcisere visse aspekter af direktivet

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}
Offentligt
KOM (2023) 0905 - Forslag til direktiv
Europaudvalget 2023
EN 1 EN
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).
EN 2 EN
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
EN 3 EN
• 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.
EN 4 EN
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.
EN 5 EN
• 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
EN 6 EN
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.’
EN 7 EN
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
EN 8 EN
• 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.
EN 9 EN
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.
EN 10 EN
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}
Offentligt
KOM (2023) 0905 - Forslag til direktiv
Europaudvalget 2023
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)