Annexes to COM(2013)512 - Package travel and assisted travel arrangements - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)512 - Package travel and assisted travel arrangements. |
|---|---|
| document | COM(2013)512  |
| date | November 25, 2015 |
(8) Council Decision 2012/22/EU of 12 December 2011 concerning the accession of the European Union to the Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974, with the exception of Articles 10 and 11 thereof (OJ L 8, 12.1.2012, p. 1).
(9) Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46, 17.2.2004, p. 1).
(10) Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation) (OJ L 364, 9.12.2004, p. 1).
(11) Directive 2011/83/EU of the European Parliament and the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64).
(12) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(13) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).
(14) Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).
(15) OJ C 369, 17.12.2011, p. 14.
(16) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).
(17) Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ L 403, 30.12.2006, p. 18).
(18) Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Directive on consumer ADR) (OJ L 165, 18.6.2013, p. 63).
(19) Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR) (OJ L 165, 18.6.2013, p. 1).
(20) Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24).
ANNEX I
Part A
Standard information form for package travel contracts where the use of hyperlinks is possible
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/companies XY will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company XY/companies XY has/have 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/they become insolvent.
More information on key rights under Directive (EU) 2015/2302 (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
| — | Travellers will receive all essential information about the package before concluding the package travel contract. |
| — | There is always at least one trader who is liable for the proper performance of all the travel services included in the contract. |
| — | Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent. |
| — | Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. |
| — | 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 traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs. |
| — | 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, other than the price, are changed significantly. 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 exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package. |
| — | Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. |
| — | If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination 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. |
| — | If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. 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 the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. 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)
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/companies XY will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company XY/companies XY has/have 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/they become insolvent.
Key rights under Directive (EU) 2015/2302
| — | Travellers will receive all essential information about the package before concluding the package travel contract. |
| — | There is always at least one trader who is liable for the proper performance of all the travel services included in the contract. |
| — | Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent. |
| — | Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. |
| — | 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 traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs. |
| — | 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, other than the price, are changed significantly. 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 exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package. |
| — | Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. |
| — | If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination 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. |
| — | If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. 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 the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. 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.)
Part C
Standard information form where the organiser transmits data to another trader in accordance with point (b)(v) of point 2 of Article 3
If you conclude a contract with company AB not later than 24 hours 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 as a whole.
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 (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
| — | Travellers will receive all essential information about the travel services before concluding the package travel contract. |
| — | There is always at least one trader who is liable for the proper performance of all the travel services included in the contract. |
| — | Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent. |
| — | Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs. |
| — | 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 traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs. |
| — | 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, other than the price, are changed significantly. 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 exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package. |
| — | Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee. |
| — | If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination 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. |
| — | If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. 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 the travellers is secured. XY has taken out insolvency protection with YZ [the entity in charge of the insolvency protection, e.g. 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)
ANNEX II
Part A
Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (a) of point 5 of Article 3 is a carrier selling a return ticket
If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, 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 any additional travel services during the same visit to our company's/XY's booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
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, e.g. 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)
Part B
Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (a) of point 5 of Article 3 is a trader other than a carrier selling a return ticket
If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, 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 the individual travel services. In case of problems please contact the relevant service provider.
However, if you book any additional travel services during the same visit to our company's/XY's booking website, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
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, e.g. 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)
Part C
Standard information form in the case of linked travel arrangements within the meaning of point (a) of point 5 of Article 3 where the contracts are concluded in the simultaneous physical presence of the trader (other than a carrier selling a return ticket) and the traveller
If, after selecting and paying for one travel service, you book additional travel services for your trip or holiday via our company/XY, 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 the individual travel services. In case of problems please contact the relevant service provider.
However, if you book any additional travel services during the same visit to or contact with our company/XY, the travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. 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.
(Website where Directive (EU) 2015/2302 as transposed into national law can be found.)
Part D
Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (b) of point 5 of Article 3 is a carrier selling a return ticket
If you book additional 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 not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency, and, where necessary, for your repatriation. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
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, e.g. 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)
Part E
Standard information form where the trader facilitating an online linked travel arrangement within the meaning of point (b) of point 5 of Article 3 is a trader other than a carrier selling a return ticket
If you book additional 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 not later than 24 hours after receiving the confirmation of the booking from our company/XY, those travel services will become part of a linked travel arrangement. In that case XY has, as required by EU law, protection in place to refund your payments to XY for services not performed because of XY's insolvency. Please note that this does not provide a refund in the event of the insolvency of the relevant service provider.
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, e.g. 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)
ANNEX III
Correlation table
| Directive 90/314/EEC | This Directive |
| Article 1 | Article 1 |
| Article 2(1) | Point 2 of Article 3 and Article 2(2), point (a) |
| Article 2(2) | Point 8 of Article 3 |
| Article 2(3) | Point 9 of Article 3 |
| Article 2(4) | Point 6 of Article 3 |
| Article 2(5) | Point 3 of Article 3 |
| Article 3(1) | Deleted |
| Article 3(2) | Deleted; however main parts incorporated in Articles 5 and 6 |
| Article 4(1), point (a) | Article 5(1), point (f) |
| Article 4(1), point (b) | Article 5(1), point (h), Article 7(2), points (d) and (f), and Article 7(4) |
| Article 4(2), point (a) | Article 7(2) |
| Article 4(2), point (b) | Article 5(3), and Article 7(1) and (4) |
| Article 4(2), point (c) | Deleted |
| Article 4(3) | Article 9 |
| Article 4(4) | Article 10 |
| Article 4(5) | Article 11(2) and (3) |
| Article 4(6) | Article 11(2), (3) and (4), and Article 12(3) and (4) |
| Article 4(7) | Article 13(5), (6) and (7) |
| Article 5(1) | Article 13(1) |
| Article 5(2) | Article 14(2) (3) and (4), and Article 16 |
| Article 5(3) | Article 23(3) |
| Article 5(4) | Article 7(2), point (e), and Article 13(2) |
| Article 6 | Article 13(3) |
| Article 7 | Article 17 and Article 18 |
| Article 8 | Article 4 |
| Article 9(1) | Article 28(1) |
| Article 9(2) | Article 28(4) |
| Article 10 | Article 31 |
| Annex, point (a) | Article 5(1), point (a)(i) |
| Annex, point (b) | Article 5(1), point (a)(ii) |
| Annex, point (c) | Article 5(1), point (a)(iii) |
| Annex, point (d) | Article 5(1), point (e) |
| Annex, point (e) | Article 5(1), point (a)(i) |
| Annex, point (f) | Article 5(1), point (a)(v) |
| Annex, point (g) | Article 5(1), point (b) |
| Annex, point (h) | Article 5(1), point (c), and Article 10(1) |
| Annex, point (i) | Article 5(1), point (d) |
| Annex, point (j) | Article 7(2), point (a) |
| Annex, point (k) | Article 13(2) |