### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or a linked travel arrangement . however , such packages should only fall within the scope of this directive if the relevant service accounts for a significant proportion of the package . generally , the service should be considered as a significant proportion of the package if it is specifically stated that it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday for the trader and the traveller . ancillary services , such as , in particular , travel insurance , transport between the station and the place of accommodation , transport to the place of departure for the travel and as part of excursions , transport of luggage , sale of ski passes , bicycle rental , rental of other vehicles or means of transportation , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### whether access for persons with reduced mobility is guaranteed throughout the trip or holiday ; ### upon request , whether access for persons with a certain degree of reduced mobility is guaranteed throughout the trip or holiday ;


### the minimum number of persons required for the package to take place and a time - limit of at least 20 days before the start of the package for the possible cancellation if that number is not reached ; ### where appropriate , the minimum number of persons required for the package to take place and the time - limit referred to in article 10 before the start of the package for the possible cancellation if that number is not reached ;


### member states should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the assisted travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 ### member states should ensure that travellers purchasing a package or a linked travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the linked travel arrangement or of a business involved in the linked travel arrangement . member states should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their insolvency protection schemes are effective and able to guarantee repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or of a business involved in the linked travel arrangement , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 .


### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for a significant proportion of the package ; or ### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if the latter service does not account for a significant proportion of the package or clearly does not represent the real reason for the trip ; or


### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser accordingly . in other cases , the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package . ### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser and / or the retailer . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser and / or the retailer accordingly .


### in cases where an organiser or , in accordance with articles 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on it under this directive , no provision of this directive or of national law may be interpreted as restricting its right to seek redress from any third parties which contributed to the event triggering compensation , price reduction or other obligations . ### in cases where an organiser or , in accordance with articles 15 or 18 , a retailer pays compensation , grants price reduction or meets the other obligations incumbent on him or her 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 obligation . 2 . the right to seek redress referred to in paragraph 1 shall also include the right of organisers and retailers to seek redress from travel services providers where an organiser or retailer is obliged to pay a compensation to a traveller under this directive and the traveller at the same time has a right to compensation under other applicable union law , including but not restricted to regulation 261 / 2004 and regulation 1371 / 2007 . that right to seek redress may not be restricted in a contract . 3 . member states shall ensure that any restrictions on the right to seek redress referred to in paragraph 1 are reasonable and proportionate , in accordance with the applicable national law .


### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . ### member states shall ensure that the traveller may terminate the contract before the start of the package against payment of an appropriate compensation to the organiser . the contract may specify reasonable standardised termination fees based on the time of the termination and the customary cost savings and income from alternative deployment of the travel services . in the absence of standardised termination fees , the amount of the compensation shall correspond to the price of the package minus the expenses saved by the organiser . the burden of proof that the compensation is appropriate shall rest with the organiser .


### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . the organiser ' s liability is without prejudice to the right to seek redress from third parties , including service providers . ### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . however , the need to ensure that travellers receive an appropriate and timely compensation in cases where the contract is not performed properly by one of the parties should not impose an unreasonable and disproportionate burden on organisers and retailers . in addition to their obligation to remedy any lack of conformity or to compensate travellers , organisers and retailers should then have the right to seek redress from any third party which contributed to the event triggering compensation or other obligations . the organiser and retailer ' s liability is therefore without prejudice to this right to seek redress from third parties , including service providers .


### the means , characteristics and categories of transport , the points , dates and time of departure and return or , where the exact time is not yet determined , the approximate time of departure and return , the duration and places of intermediate stops and transport connections ; ### an indication of the characteristics and categories of the means of passenger transport to be used in the course of implementing the travel package , in particular the means of transport to be used for departure and return , expected places and dates / times of departure and return , and place and duration of individual parts of stay ;


### if it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where appropriate , compensate the traveller in accordance with article 12 . ### if it is impossible for the organiser and / or the retailer to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser and / or the retailer shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where appropriate , compensate the traveller in accordance with article 12 .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 . ### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at the time of conclusion of the package travel contract or , if that is not possible , at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 .


### particular rules should be laid down for both high street and on - line retailers which assist travellers , on the occasion of a single visit or contact with their own point of sale , in concluding separate contracts with individual service providers and for online retailers which , through linked online booking processes , facilitate the procurement of additional travel services from another trader in a targeted manner , at the latest when the booking of the first service is confirmed . these rules would apply for example , where , along with the confirmation of the booking of a first travel service such as a flight or a train journey , a consumer receives an invitation to book an additional travel service available at the chosen travel destination , for instance hotel accommodation , with a link to the booking site of another service provider or intermediary . while those arrangements do not constitute packages within the meaning of this directive as there can be no confusion that a single organiser has assumed the responsibility for the travel services , such assisted arrangements constitute an alternative business model that often competes closely with packages . ### particular rules should be laid down for both high street and on - line retailers which assist travellers , on the occasion of a single visit or contact with their own point of sale , in concluding separate contracts with individual service providers and for online retailers which , through linked online booking processes , facilitate the procurement of additional travel services from another trader in a targeted manner , at the latest when the booking of the first service is confirmed . these rules would apply for example , where , along with the confirmation of the booking of a first travel service such as a flight or a train journey , a consumer receives an invitation to book an additional travel service available at the chosen travel destination , for instance hotel accommodation , with a link to the booking site of another service provider or intermediary . while those arrangements do not constitute packages within the meaning of this directive as there can be no confusion that a single trader has assumed the responsibility for the travel services , such linked travel arrangements constitute an alternative business model that often competes closely with packages .


### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed . particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment . on the other hand , the mere transfer of particulars such as the travel destination or travel times should not be sufficient . ### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s personal data needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed by email . traveller ' s personal data needed to conclude a booking transaction relate to the traveller ' s name , address , telephone number , credit card details or other information necessary to obtain a payment . on the other hand , the mere transfer of data related only to the travel service , such as the travel destination or travel times , without a transfer of the traveller ' s personal data , should not be sufficient .


### ' assisted travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination : ### ' linked travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if one of the providers involved or a retailer facilitates the combination :


### the fact that the traveller may terminate the contract without penalty within a specified reasonable time - limit and that otherwise the proposed alteration will be considered as accepted . ### if the change will substantially affect the provision of the package , the fact that the traveller may terminate the contract without penalty within a specified reasonable time - limit or alternatively accept another equivalent package offered by the organiser .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such , clearly represents the real reason for the trip , accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as , in particular , travel insurance , transport between the station and the accommodation , transport at the beginning of the trip and as part of excursions , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or a linked travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such , accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as , in particular , travel insurance , transport between the station and the accommodation , transport at the beginning of the trip and as part of excursions , transport of luggage , the sale of ski passes , bicycle hire , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller ' s employer and a trader specialising in the arrangement of business travel ; ### packages and linked travel arrangements purchased on the basis of a framework contract between a business on whose behalf the traveller is travelling and a trader ;


### since packages are often purchased a long time before their performance , unforeseen events may occur . therefore the traveller should , under certain conditions , be entitled to transfer a package to another traveller . in such situations , the organiser should be able to recover his expenses , for instance if a sub - contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one . travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation , as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster will significantly affect the package . unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports , such as recommendations issued by member state authorities , advise against travelling to the place of destination . ### since packages are often purchased a long time before their performance , unforeseen events may occur . therefore the traveller should , under certain conditions , be entitled to transfer a package to another traveller . in such situations , the organiser should be able to recover his expenses , for instance if a sub - contractor requires a fee for changing the name of the traveller or for cancelling a transport ticket and issuing a new one . travellers should also have the possibility of cancelling the contract at any time before the start of the package against paying appropriate compensation , as well as the right to terminate the contract without paying compensation where unavoidable and extraordinary circumstances like warfare or a natural disaster will significantly affect the package , when these events have occurred after the conclusion of the travel contract . unavoidable and extraordinary circumstances should in particular be deemed to exist where reliable and publicly available reports , such as recommendations issued by member state authorities , advise against travelling to the place of destination .


### only the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or an assisted travel arrangement . accommodation for residential purposes , including for long - term language courses , should not be considered as accommodation within the meaning of this directive . ### the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or a linked travel arrangement . hotel nights with added packages , such as tickets for musicals or spa treatments , should be excluded when this package does not form a significant part of the trip or the ancillary service clearly does not constitute the main element of the trip . accommodation for residential purposes for over one month or which is clearly not for the purpose of tourism , such as for long - term language courses , should not be considered as accommodation within the meaning of this directive .


### if a member state has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of assisted travel arrangements which is established in a different member state and is operating on its territory , it shall seek clarification from the member state of establishment . member states shall respond to requests from other member states at the latest within 15 working days of receiving them . ### if a member state has doubts about the insolvency protection of an organiser or of a retailer facilitating the procurement of linked travel arrangements which is established in a different member state , it shall seek clarification from the member state of establishment . member states shall respond to requests from other member states at the latest within 15 working days of receiving them .


### the price increase referred to in paragraph 1 shall not exceed 10% of the price of the package . ### the price increase referred to in paragraph 1 shall not exceed 5% of the price of the package .


### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation 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 flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision 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 . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 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 regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 ### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser and / or the retailer is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser and / or the retailer should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation 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 flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision 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 . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 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 regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1


### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of certain aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses . ### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of the rights and obligations arising from package contracts and linked travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses .


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that any operator who has agreed to arrange the booking of a package or linked travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances .


### in certain cases organisers should be allowed to make unilateral changes to the package travel contract . however , travellers should have the right to terminate the contract if the proposed alterations change significantly any of the main characteristics of the travel services . price increases should be possible only if there has been a change in the cost of fuel for the carriage of passengers , in taxes or fees imposed by a third party not directly involved in the performance of the included travel services or in the exchange rates relevant to the package and if both an upward and downward revision of the price is expressly reserved in the contract . price increases should be limited to 10% of the price of the package . ### in certain cases organisers should be allowed to make unilateral changes to the package travel contract . however , travellers should have the right to terminate the contract if the proposed alterations change significantly any of the main characteristics of the travel services . price increases should be possible only if there has been a change in the cost of fuel for the carriage of passengers , in taxes or fees imposed by a third party not directly involved in the performance of the included travel services or in the exchange rates relevant to the package and if both an upward and downward revision of the price is expressly reserved in the contract . travellers should have the right to terminate the contract without any obligation to pay compensation or to accept an alternative equivalent travel package offered by the organiser if the price increases exceed 10 % of the original price of the package .


### the proposed changes and ### the proposed changes and their impact on the price of the package and


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that an organiser who arranges the booking of a package , or a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services , shall be liable for any errors occurring in the booking process in case they are actually involved in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . in the context of an assisted travel arrangement based on the procurement of additional travel services from another trader in a targeted manner through linked online booking processes as referred to in article 3 , the retailer shall not be liable for booking errors resulting from errors committed by that trader . in this case , member states shall ensure that the trader providing the additional travel services shall be liable for the errors occurring in the booking process of such services .


### member states should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the assisted travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 ### member states should ensure that travellers purchasing a package or a linked travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the linked travel arrangement or of a business involved in the linked travel arrangement . member states should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their insolvency protection schemes are effective and able to guarantee repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or of a business involved in the linked travel arrangement , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 .


### key information , for example on the main characteristics of the travel services or the prices , provided in advertisements , on the organiser ' s website or in brochures as part of the pre - contractual information , should be binding , unless the organiser reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded . however , in light of new communication technologies , there is no longer any need to lay down specific rules on brochures , while it is appropriate to ensure that , in certain circumstances , changes impacting the contract performance are communicated between the parties on a durable medium accessible for future reference . it should always be possible to make changes to that information where both parties to the contract expressly agree on that . ### key information , for example on the main characteristics of the travel services or the prices , provided in advertisements , on the organiser ' s website or in brochures as part of the pre - contractual information , should be binding , unless the organiser reserves the right to make changes to those elements and unless such changes are clearly and prominently communicated to the traveller before the contract is concluded .


### purchased from separate traders through linked online booking processes where the traveller ' s name or particulars needed to conclude a booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed ; ### purchased from separate traders through linked online booking processes where both the traveller ' s personal data needed to conclude a booking transaction , and data related specifically to the first travel service are transferred between the traders at the latest when the booking of the first service is confirmed by e - mail ;


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 07 . 06 , p . 1 ### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser and / or the retailer has / have been notified of their particular needs at least 48 hours before the start of the package . the organiser and / or the retailer may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 .


### through the procurement of additional travel services from another trader in a targeted manner through linked online booking processes at the latest when the booking of the first service is confirmed ; ### through the procurement of additional travel services from another trader through linked online booking processes in a targeted manner implying a transfer between the traders of data related specifically to the first travel service only , without a transfer of the traveller ' s personal data , at the latest when the booking of the first service is confirmed by email ;


### the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract and not later than 20 days before the start of the package ; or ### the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination within the period fixed in the contract but not later than 20 days before the start of the package in the case of trips lasting more than six days , ii ) seven days before the start of the package in the case of trips lasting between two and six days , iii ) 48 hours before the start of the package in the case of one - day trips , or


### where a significant proportion of the services cannot be provided as agreed in the contract , the organiser shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , including where the traveller ' s return to the place of departure is not provided as agreed . ### where a significant proportion of the services cannot be provided as agreed in the contract , the organiser and / or the retailer shall make suitable alternative arrangements , at no extra cost to the traveller , for the continuation of the package , with service quality at least equivalent to that specified under the contract , including where the traveller ' s return to the place of departure is not provided as agreed .


### member states shall ensure that a traveller may , after giving the organiser reasonable notice on a durable medium before the start of the package , transfer the contract to a person who satisfies all the conditions applicable to that contract . ### member states shall ensure that a traveller may , after giving the organiser notice on a durable medium within a maximum of seven days before the start of the package , transfer the contract to a person who satisfies all the conditions applicable to that contract .


### member states shall ensure that a retailer who has agreed to arrange the booking of a package or assisted travel arrangements or who facilitates the booking of such services shall be liable for any errors occurring in the booking process , unless such errors are attributable to the traveller or to unavoidable and extraordinary circumstances . ### member states shall ensure that a retailer who has agreed to arrange the booking of a package or linked travel arrangements or who facilitates the booking of such services shall be liable for any errors he makes in the booking process . a retailer shall not be held liable if such errors are attributable to the traveller or to unavoidable and extraordinary circumstances .


### packages and assisted travel arrangements purchased on the basis of a framework contract between the traveller ' s employer and a trader specialising in the arrangement of business travel ; ### packages and linked travel arrangements purchased on the basis of a framework contract for business travel ;


### if it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where appropriate , compensate the traveller in accordance with article 12 . ### if it is impossible for the organiser and / or the retailer to offer suitable alternative arrangements or the traveller does not accept the alternative arrangements proposed because they are not comparable to what was agreed in the contract , the organiser and / or the retailer shall , insofar as the package includes the carriage of passengers , provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall , where appropriate , compensate the traveller in accordance with article 12 .


### this directive is to contribute to the proper functioning of the internal market and to the achievement of a high level of consumer protection by approximating certain aspects of the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and assisted travel arrangements concluded between travellers and traders . ### 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 as regards the laws , regulations and administrative provisions of the member states in respect of contracts on package travel and linked travel arrangements concluded between travellers and traders .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or a linked travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such , accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as , in particular , travel insurance , transport between the station and the accommodation , transport at the beginning of the trip and as part of excursions , transport of luggage , the sale of ski passes , bicycle hire , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s name or particulars needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed . particulars needed to conclude a booking transaction relate to credit card details or other information necessary to obtain a payment . on the other hand , the mere transfer of particulars such as the travel destination or travel times should not be sufficient . ### it should also be clarified that contracts by which a trader entitles the traveller after the conclusion of the contract to choose among a selection of different types of travel services , such as in the case of a package travel gift box , should constitute a package . moreover , a combination of travel services should be considered as a package where the traveller ' s personal data needed to conclude the booking transaction are transferred between the traders at the latest when the booking of the first service is confirmed by email . traveller ' s personal data needed to conclude a booking transaction relate to the traveller ' s name , address , telephone number , credit card details or other information necessary to obtain a payment . on the other hand , the mere transfer of data related only to the travel service , such as the travel destination or travel times , without a transfer of the traveller ' s personal data , should not be sufficient .


### facilitates the procurement of travel services which are part of an assisted travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers ; ### facilitates the procurement of travel services which are part of a linked travel arrangement by assisting travellers in concluding separate contracts for travel services with individual service providers , one of whom may be the retailer himself ;


### where minors travel on a package that includes accommodation , information enabling direct contact with the minor or the person responsible at the minor ' s place of stay ; ### where minors travel unaccompanied by their parents or legal guardians on a package that includes accommodation , information enabling direct contact with the minor or the person responsible at the minor ' s place of stay by a parent or legal guardian ;


### member states shall ensure that organisers and retailers facilitating the procurement of assisted travel arrangements established in their territory obtain a security for the effective and prompt refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' effective and prompt repatriation in the event of insolvency . ### member states shall ensure that organisers and retailers facilitating the procurement of package travel and linked travel arrangements obtain a security for the effective and immediate refund of all payments made by travellers and , insofar as carriage of passengers is included , for the travellers ' repatriation in the event of insolvency or insolvency of one of the undertakings involved in providing linked travel arrangements . where this is possible , continuation of the trip shall be offered .


### member states should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the assisted travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 ### member states should ensure that travellers purchasing a package or a linked travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the linked travel arrangement or of a business involved in the linked travel arrangement . member states should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their insolvency protection schemes are effective and able to guarantee repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or of a business involved in the linked travel arrangement , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 .


### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . ### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at or on the way to the place of destination or in its immediate vicinity and significantly affecting the package which mean that the organiser has to make significant alterations to essential elements of the package travel contract .


### the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . ### once the travel contract has been concluded , the traveller shall have the right to terminate the contract before the start of the package without compensation in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the package . such circumstances shall be deemed to exist , for example , if the package is significantly affected by warfare or a natural disaster . unavoidable and extraordinary circumstances shall in particular be deemed to exist where reliable and publicly available reports , such as recommendations issued by member state authorities , advise against travelling to the place of destination .


### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation 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 flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision 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 . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 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 regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 . ### in order to ensure consistency , it is appropriate to align the provisions of this directive with international conventions covering travel services and with the union legislation on passenger rights . where the organiser and / or the retailer is liable for failure to perform or improper performance of the services included in the package travel contract , the organiser and / or the retailer should be able to invoke the limitations of the liability of service providers set out in such international conventions as the montreal convention of 1999 for the unification of certain rules for international carriage by air18 , the convention of 1980 concerning international carriage by rail 19 and the athens convention of 1974 on the carriage of passengers and their luggage by sea20 . where it is impossible , because of unavoidable and extraordinary circumstances , to ensure the traveller ' s return to the place of departure , the organiser and / or the retailer ' s obligation to bear the cost of the travellers ' continued stay at the place of destination should be aligned with the commission ' s proposal21 aimed to amend regulation 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 flights22 . __________________ 18 2001 / 539 / ec : council decision of 5 april 2001 on the conclusion by the european community of the convention for the unification of certain rules for international carriage by air . 19 2013 / 103 / eu : council decision of 16 june 2011 on the signing and conclusion of the agreement between the european union and the intergovernmental organisation for international carriage by rail on the accession of the european union to the convention concerning international carriage by rail . 20 2012 / 22 / eu : council decision 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 . 21 proposal for a regulation of the european parliament and of the council amending regulation no 261 / 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 regulation no 2027 / 97 on air carrier liability in respect of the carriage of passengers and their baggage by air - com / 2013 / 130 final . 22 oj l 46 , 17 . 2 . 2004 , p . 1 .


### member states shall adopt and publish , by [ 18 months after the entry into force of this 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 . ### does not apply to english text .


### information on available alternative and online dispute resolution mechanisms ### information on available alternative dispute resolution mechanisms pursuant to directive 2013 / 11 / eu and online dispute resolution mechanisms pursuant to regulation no 524 / 2013 .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 07 . 06 , p . 1 ### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser and / or the retailer has / have been notified of their particular needs at least 48 hours before the start of the package . the organiser and / or the retailer may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 .


### sells or offers for sale packages or ### sells or offers for sale packages put together by the organiser or


### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract . ### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and intelligible manner before the conclusion of the contract .


### ancillary contracts covering financial services ; ### ancillary contracts covering travel services provided in addition to the package and booked without the involvement of the travel organiser or ancillary contracts covering financial services ;


### in the cost of fuel for the carriage of passengers , ### in the price of passenger transport services resulting from the cost of fuel for the carriage of passengers ,


### only the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or an assisted travel arrangement . accommodation for residential purposes , including for long - term language courses , should not be considered as accommodation within the meaning of this directive . ### the combination of different travel services , such as accommodation , carriage of passengers by bus , rail , water or air , as well as car rental , should be considered for the purposes of identifying a package or a linked travel arrangement . hotel nights with added packages , such as tickets for musicals or spa treatments , should be excluded when this package does not form a significant part of the trip or the ancillary service clearly does not constitute the main element of the trip . accommodation for residential purposes for over one month or which is clearly not for the purpose of tourism , such as for long - term language courses , should not be considered as accommodation within the meaning of this directive .


### at or immediately after the conclusion of the contract , the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium . ### at or without delay after the conclusion of the contract , the organiser shall provide the traveller with a copy of the contract or a confirmation of the contract on a durable medium .


### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or an assisted travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as travel insurance , transport of luggage , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right . ### other tourist services , such as admission to concerts , sport events , excursions or event parks are services that , in combination with either carriage of passengers , accommodation and / or car rental , should be considered as capable of constituting a package or a linked travel arrangement . however , such packages should only fall within the scope of this directive if the relevant tourist service accounts for a significant proportion of the package . generally , the tourist service should be considered as a significant proportion of the package if it is specifically referred to as such , accounts for more than 20% of the total price or otherwise represents an essential feature of the trip or holiday . ancillary services , such as , in particular , travel insurance , transport between the station and the accommodation , transport at the beginning of the trip and as part of excursions , transport of luggage , the sale of ski passes , bicycle hire , meals and cleaning provided as part of accommodation , should not be considered as tourist services in their own right .


### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . the organiser ' s liability is without prejudice to the right to seek redress from third parties , including service providers . ### this directive should not affect the rights of travellers to present claims both under this directive and under any other relevant union legislation , so that travellers will continue to have the possibility to address claims to the organiser and / or the retailer , the carrier or any other liable party , or , as the case may be , to several parties . it should be clarified that they may not cumulate rights under different legal bases if the rights safeguard the same interest or have the same objective . the organiser’s and / or the retailer’s liability is without prejudice to the right to seek redress from third parties , including service providers .


### ‘ lack of conformity’ means lack of and improper performance of the travel services included in a package . ### ‘ lack of conformity’ means lack of or improper performance of the travel services included in a package .


### the majority of travellers buying packages are consumers in the sense of union consumer law . at the same time , it is not always easy to distinguish between consumers and representatives of small businesses or professionals who book trips related to their business or profession through the same booking channels as consumers . such travellers often require a similar level of protection . in contrast , larger companies or organisations often make travel arrangements for their employees on the basis of a framework contract with companies which specialise in the arrangement of business travel . the latter type of travel arrangements do not require the level of protection designed for consumers . therefore , this directive should apply to business travellers only insofar as they do not make travel arrangements on the basis of a framework contract . to avoid confusion with the definition of the term ' consumer ' in other consumer protection directives , persons protected under this directive should be referred to as ' travellers ' . ### the majority of travellers buying packages are consumers in the sense of union consumer law . at the same time , it is not always easy to distinguish between consumers and representatives of businesses or professionals who book trips related to their business or profession through the same booking channels as consumers . such travellers often require a similar level of protection . in contrast , companies or organisations often make travel arrangements for their employees , members and representatives on the basis of a framework contract with companies . the latter type of travel arrangements do not require the level of protection designed for consumers . therefore , this directive should apply to business travellers only insofar as they do not make travel arrangements on the basis of a framework contract . to avoid confusion with the definition of the term ' consumer ' in other consumer protection directives , persons protected under this directive should be referred to as ' travellers ' .


### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of certain aspects of package contracts and assisted travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses . ### in accordance with article 26 of the treaty , the internal market is to comprise an area without internal frontiers in which the free movement of goods and services and the freedom of establishment are ensured . the harmonisation of the rights and obligations arising from package contracts and linked travel arrangements is necessary for the creation of a real consumer internal market in this area , striking the right balance between a high level of consumer protection and the competitiveness of businesses .


### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , and of article 4 , unless the organiser reserves the right to make changes to that information and communicates any changes to the traveller in a clear and prominent manner before the conclusion of the contract . ### member states shall ensure that the organiser may not change the information made known to the traveller pursuant to points , , , , and of article 4 , unless the organiser reserves that right . all changes to the pre - contractual information shall be communicated to the traveller in writing in a clear and prominent manner before the conclusion of the contract .


### in relation to packages , retailers should be responsible together with the organiser for the provision of pre - contractual information . at the same time it should be clarified that they are liable for booking errors . to facilitate communication , in particular in cross - border cases , travellers should have the possibility of contacting the organiser also via the retailer through which they bought the package . ### in relation to packages , retailers should be responsible together with the organiser for the provision of pre - contractual information . at the same time it should be clarified that they are liable for booking errors , where they make mistakes in the booking process . to facilitate communication , in particular in cross - border cases , travellers should have the possibility of contacting the organiser also via the retailer through which they bought the package .


### since there is less need to protect travellers in cases of short - term trips , and in order to avoid unnecessary burden for traders , trips lasting less than 24 hours which do not include accommodation as well as occasionally organised packages , should be excluded from the scope of this directive . ### since there is less need to protect travellers in cases of short - term trips , and in order to avoid unnecessary burden for traders , trips lasting less than 24 hours which do not include accommodation should be excluded from the scope of this directive . the same exclusion should apply to packages and combined travel arrangements that are offered or put together by natural or legal persons who make no direct or indirect financial gain from this activity .


### insofar as international conventions binding the union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package , the same limitations shall apply to the organiser . insofar as international conventions not binding the union limit compensation to be paid by a service provider , member states may limit compensation to be paid by the organiser accordingly . in other cases , the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package . ### does not affect en version . linguistic amendment to german text .


### in good time before the start of the package , the organiser shall provide the traveller with the necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival . ### in good time before the start of the package , the organiser shall provide the traveller with the following information : necessary receipts , vouchers or tickets , including information on the precise times of departure , intermediate stops , transport connections and arrival ; the details of a contact point where the traveller can complain about any lack of conformity which he perceives on the spot ; the name , geographical address , telephone number and e - mail address of the organiser ' s local representative or contact point whose assistance a traveller in difficulty could request or , where no such representative or contact point exists , an emergency telephone number or the indication of other ways of contacting the organiser .


### if the information on additional charges , fees or other costs referred to in point of article 4 is not provided prior to the conclusion of the contract , the traveller shall not bear those fees , charges or other costs . ### if the information on additional charges , fees or other costs referred to in point of article 4 is not provided in writing prior to the conclusion of the contract , the traveller shall not bear those fees , charges or other costs .


### purchased from a single point of sale within the same booking process , ### purchased from a single point of sale within the same booking process , unless the combination of services is demonstrably provided solely at the wish of the traveller and the information has been clearly and unambiguously communicated that the traveller cannot invoke any rights which this directive reserves for package travellers ,


### packages where not more than one travel service as referred to in points , , and of article 3 is combined with a travel service as referred to in point of article 3 if this service does not account for a significant proportion of the package ; or ### packages where not more than one travel service as referred to in points , , and of article 3 is combined with travel services as referred to in point of article 3 if these services do not account for a significant proportion of the package ; or


### member states should ensure that travellers purchasing a package or an assisted travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the assisted travel arrangement or of any of the service providers . member states in which package organisers and retailers facilitating assisted travel arrangements are established should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their national insolvency protection schemes are effective and able to guarantee prompt repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or service provider , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 ### member states should ensure that travellers purchasing a package or a linked travel arrangement are fully protected against the insolvency of the organiser , of the retailer having facilitated the linked travel arrangement or of a business involved in the linked travel arrangement . member states should ensure that traders offering such combinations of travel services provide security for the refund of all payments made by travellers and for their repatriation in the event of insolvency . while retaining discretion as to the way in which insolvency protection is granted , member states should ensure that their insolvency protection schemes are effective and able to guarantee repatriation and the refund of all travellers affected by the insolvency . the required insolvency protection should take into account the actual financial risk of the activities of the organiser , relevant retailer or of a business involved in the linked travel arrangement , including the type of combination of travel services they sell , foreseeable seasonal fluctuations as well as the extent of pre - payments and the way in which these are secured . in accordance with directive 2006 / 123 / ec of the european parliament and of the council of 12 december 2006 on services in the internal market25 , in cases where insolvency protection may be provided in the form of a guarantee or an insurance policy , such security may not be limited to attestations issued by financial operators established in a particular member state . __________________ 25 oj l 376 , 27 . 12 . 06 , p . 36 .


### ' assisted travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if a retailer facilitates the combination : ### ' linked travel arrangement ' means a combination of at least two different types of travel services for the purpose of the same trip or holiday , not constituting a package , resulting in the conclusion of separate contracts with the individual travel service providers , if one of the providers involved or a retailer facilitates the combination :


### the information referred to in paragraph 1 shall be provided in a clear and prominent manner . ### the information referred to in paragraph 1 shall be provided in a clear , comprehensible and prominent manner .


### the limitation of costs referred to in paragraph 5 shall not apply to persons with reduced mobility , as defined in regulation no 1107 / 2006 of the european parliament and of the council of 5 july 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air28 , and any person accompanying them , pregnant women and unaccompanied children , as well as persons in need of specific medical assistance , provided the organiser has been notified of their particular needs at least 48 hours before the start of the package . the organiser may not invoke unavoidable and extraordinary circumstances to limit the costs referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable union legislation . __________________ 28 oj l 204 , 26 . 7 . 2006 , p . 1 . ### if unavoidable and extraordinary circumstances arise , particular attention shall be paid to persons with reduced mobility . as far as he or she is able , the organiser shall take account of the individual needs of persons with reduced mobility .


### the location , main features and tourist category of the accommodation ; ### the location , main features and official category of the accommodation ;


### as long as it is impossible to ensure the traveller ' s timely return because of unavoidable and extraordinary circumstances , the organiser shall not bear the cost for the continued stay exceeding eur 100 per night and three nights per traveller . ### as long as it is impossible to ensure the traveller ' s timely return because of unavoidable and extraordinary circumstances , the organiser shall not bear the cost for the continued stay exceeding five nights per traveller . the organiser shall arrange the accommodation . only where the organiser expressly states that he is unable or unwilling to do this himself shall overnight stays booked by the traveller himself be reimbursed , up to eur 125 per night and five nights per traveller .


### it is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental , trade , economic and social effects . ### it is necessary that the adoption of such measures be preceded by an evaluation of their expected environmental , trade , economic and social effects and that this be communicated to the european parliament and to the council as soon as it is available in the commission .


### prior to adopting measures pursuant to article 4 , the commission shall provide the third country concerned with a reasonable opportunity to respond to the notification in writing and to remedy the situation . ### prior to adopting measures pursuant to article 4 , the commission shall provide the third country concerned with a reasonable opportunity to respond to the notification in writing and to remedy the situation within four months of receiving the notification .


### the financial envelope available for implementing this regulation over the period 2014 to 2020 shall be eur&#160 ; 18&#160 ; 182&#160 ; 300&#160 ; 000 . up to 5% of the financial envelope shall be allocated to the cross - border cooperation programmes referred to in article 6 . ### the financial envelope available for implementing this regulation over the period 2014 to 2020 shall be eur&#160 ; 18&#160 ; 182&#160 ; 300&#160 ; 000 . up to 7&#160 ; % of the financial envelope shall be allocated to the cross - border cooperation programmes referred to in point of article 6 .


### appropriate measures shall be taken to seek gender balance and geographical diversity when appointing independent experts . ### appropriate measures shall be taken to seek expertise as well as gender and geographical balance when appointing independent experts .


### the european globalisation adjustment fund was established by regulation no 1927 / 2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund for the duration of the financial framework from 1 january 2007 to 31 december 2013 to enable the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to provide support for their rapid reintegration into employment . this initial objective of the egf remains valid . ### the european globalisation adjustment fund was established by regulation no 1927 / 2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund for the duration of the financial framework from 1 january 2007 to 31 december 2013 to enable the union to show solidarity towards workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to provide support for their rapid reintegration into employment . given the current state of uncertainty in which many member states still find themselves , this initial objective of the egf remains valid , as it enables , albeit on a modest scale , individually tailored services to be provided to workers who have lost their jobs as a result of collective redundancies caused by economic globalisation , which have a major impact at business , sectoral and regional levels .


### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 50% of the total of the estimated costs referred to in article 8 or 65% of these costs in the case of applications submitted by a member state on the territory of which at least one region at nuts ii level is eligible under the ' convergence ' objective of the structural funds . the commission , in its assessment of such cases , will decide whether the 65% co - funding rate is justified . ### the commission shall , on the basis of the assessment carried out in accordance with article 8 , particularly taking into account the number of targeted workers , the proposed actions and the estimated costs , evaluate and propose as quickly as possible the amount of a financial contribution , if any , that may be made within the limits of the resources available . the amount may not exceed 60% of the total of the estimated costs referred to in article 8 or 75% of these costs in the case of applications submitted by a member state that is receiving assistance under the european financial stabilisation mechanism or through council regulation no 332 / 2002 of 18 february 2002 establishing a facility providing medium - term financial assistance for member states ' balances of payments1 . _______________ 1 oj l 53 , 23 . 2 . 2002 , p . 1 .


### member states should have the possibility to impose a short term of imprisonment or to refrain from imprisonment in cases where the total nominal value of the counterfeited notes and coins is not significant or does not involve particularly serious circumstances . that value should be below eur 5 000 , that is to say ten times the highest denomination of the euro , for cases calling for a penalty other than imprisonment , and below eur 10 000 for cases calling for imprisonment for a shorter term than six months . ### member states should have the possibility to impose a short term of imprisonment or to refrain from imprisonment in cases where the total potential or nominal value of the counterfeited notes and coins is not significant or does not involve particularly serious circumstances .


### the minimum penalty of six months helps to ensure that equal priority is given by law - enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and , in turn , facilitates cross - border cooperation . it contributes to mitigating the risk of forum - shopping . moreover , it allows that sentenced perpetrators can be surrendered with the help of a european arrest warrant so that the custodial sentence or detention order can be executed . ### equal priority should be given by law - enforcement and judicial authorities to the offences of counterfeiting of the euro and other currencies and , in turn , facilitates cross - border cooperation . it contributes to mitigating the risk of forum - shopping . moreover , it allows that sentenced perpetrators can be surrendered with the help of a european arrest warrant so that the custodial sentence or detention order can be executed .


### the levels of the sanctions should be effective and dissuasive but should not go beyond what is proportionate to the offences . the penalty for natural persons in serious cases , that is to say , for the main offences of production and distribution of counterfeit currency involving a large amount of counterfeit notes and coins or involving particularly serious circumstances , should therefore be a minimum penalty of at least six months and a maximum penalty of at least eight years of imprisonment . ### the levels of the sanctions should be effective and dissuasive but should not go beyond what is proportionate to the offences .


### for offences referred to in points , and of article 3 involving notes and coins of a total nominal value of less than eur 5 000 and not involving particularly serious circumstances , member states may provide for a penalty other than imprisonment . ### for offences referred to in points , and of article 3 not involving particularly serious circumstances , member states may provide for a penalty other than imprisonment .


### therefore , member states should provide for certain minimum types and levels of sanctions . the concept of minimum penalties is currently provided for in a majority of member states . it is consistent and appropriate to adopt this approach at union level . ### the concept of minimum penalties is currently provided for in a majority of member states . it is consistent and appropriate to adopt this approach at union level . however , national practices should first be comprehensively scrutinised so as to adapt future legislative proposals to this existing framework . given the currently substantial disparities between sentencing and enforcement procedures , the danger exists that the introduction of minimum penalties for counterfeiting the euro and other currencies might lead to lack of uniformity regarding minimum penalties within one and the same national legal system .