LegalizeDirective (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
- — 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 if travel services are not performed in accordance with the contract, that situation substantially affects the performance of the package and the organiser fails to remedy the problem.
- — Travellers are also entitled to a price reduction or compensation for damages, or to both, where the travel services are not performed or are improperly performed, subject to the conditions set out in Directive (EU) 2015/2302.
- — The organiser must provide assistance if the traveller is in difficulty, for instance by providing information on health services, local authorities and consular assistance, and by 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 guaranteed. XY has taken out insolvency protection with WX (the entity in charge of the insolvency protection, for example a guarantee fund or an insurance company). Travellers may contact that entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if travel 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 Article 3, point 2(b)(v)
| MY KEY RIGHTS AS A TRAVELLER If you conclude a contract with company AB at the latest 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. 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 if 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 on the 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, including information on the price and on the payments due at the time of booking.
- — After concluding a package travel contract, travellers will receive the contract on a durable medium (for example, on paper or by email).
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. That 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.
- — Travellers will be given an emergency telephone number or details of a contact point that they can use to get in touch with the organiser or the travel agent.
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 the 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, where appropriate, compensation.
- — Travellers may, before the start of the package, terminate the contract without paying any termination fee if unavoidable and extraordinary circumstances significantly affect the trip or holiday. Examples of unavoidable and 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 of 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 (where appropriate, taking termination fees into account) within 14 days, unless the parties agree on a substitute package within that 14-day period. The organiser of the package is responsible for providing refunds. Where a retailer is involved and where required by the applicable national law, the retailer is also responsible for providing refunds.
- — Where the organiser offers a voucher to be used for any travel service offered by the organiser instead of a refund within 14 days, travellers will receive information on their rights in relation to the voucher and may choose whether or not to accept it.
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 if travel services are not performed in accordance with the contract, that situation substantially affects the performance of the package and the organiser fails to remedy the problem.
- — Travellers are also entitled to a price reduction or compensation for damages, or to both, where the travel services are not performed or are improperly performed, subject to the conditions set out in Directive (EU) 2015/2302.
- — The organiser must provide assistance if the traveller is in difficulty, for instance by providing information on health services, local authorities and consular assistance, and by 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 guaranteed. XY has taken out insolvency protection with WX (the entity in charge of the insolvency protection, for example a guarantee fund or an insurance company). Travellers may contact that entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if travel services are denied because of XY’s insolvency.
Directive (EU) 2015/2302 as transposed into 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) |
[^E0001]: 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).
[^E0002]: 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).
[^E0003]: 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, ELI: http://data.europa.eu/eli/dir/2013/11/oj).
[^E0004]: 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).
[^E0005]: 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).’.
[^E0006]: 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).’.
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