COMMISSION OF THE EUROPEAN COMMUNITIES 
COB (S9) 348 finil - S¥N 122 
Brussels, 6 July 1989 
AWENDED PROPOSALFORA COUNCIL DIRECTIVE ON PACKAGE TRAVEL, INCLUDING PACKAGE 
HOLIDAYS AND PACKAGE TOURS 
(presented by the Commission pursuant to Article 149 (3) 
of the EEC Treaty) 
AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON PACKAGE TRAVEL, INCLUDING PACKAGE 
HOLIDAYS AND PACKAGE TOURS 
EXPLANATORY MEMORANDUM" 
1. Following the Resolution adopted by Parliament on 15 February 1989 and 
the Opinion adopted by the Economic and Social Committee on 
23 February 1989, the Commission now makes an amended proposal for 
a Council Directive on package travel, including package holidays and 
package tours, pursuant to Article 149(3) of the EEC Treaty. 
2. This amended proposal takes account of many of the amendments sought 
by the European Parliament and of others recommended by the Economic 
and Social Committee. 
3. Among the amendments sought by the European Parliament, the Commission 
has readily accepted the majority of those which aim to increase the 
protection of package travellers; but in so doing the Commission has 
had regard to the protection of organizers* and retailers' interests, 
always with a view to providing common rules which will help to open up 
the single market and build consumers' confidence in the package travel 
industry. 
4. The Commission believes that this directive is not the appropriate place 
in which to include certain of the amendments sought by the European 
Parliament, namely those which deal with criminal acts of violence 
or which seek to introduce a system of approval for various types of 
accommodation. The Commission is willing to examine these ideas 
but in the context of separate proposals. 
5. Some of the amendments concerning compensation, for example, were 
considered by the Commission to be too limitative and therefore unacceptable; 
the same applies to the restrictions which Parliament proposed in relation 
to the scope of application (Article 1), for these would so severely have 
limited the protection proposed by the Commission that certain of the 
consumer's necessary safeguards would have been undermined and there could 
have been discrimination against Community operators (package organisers and 
retailers). As regards Parliament's proposed amendments relating to certain 
aspects of travellers' insurance, the Commission considers that the 
assessment of insurance risks is a matter which must be left to the 
insurance industry itself; these proposed amendments have accordingly not 
been accepted by the Commission. 
6. A few other amendments have not been accepted by the Commission because 
they were purely arbitrary or because they were of uncertain meaning. 
Amendments accepted by the Commission 
The recitals remain unchanged except for the insertion of the word "indepen­
dent" in the eighteenth recital and the addition of a new one relating 
to the need for the provision of remedies in the case of package takers 
who sustain injury, or even die, in consequence of inadequate or defective 
accommodation. The complainant is in these circumstances well-served if 
he or she can treat with one interlocutor, namely either the organiser or 
(if a retailer was involved, which is not always the case) the retailer 
(s?e Article 5). Each Member State is free to choose one or the other; 
but each Member State will have to make a choice. The person on whom 
the liability thereby falls must cover himself not only by means of 
insurance but also by preserving his contractual rights of recourse against 
third party providers of services. 
Article 1 : A new paragraph has been added to specify which travel 
packages do not fall within the scope of the directive, namely those 
"organised occasionally, and not in the course of a business activity, 
by a bona fide non-profit making group or charitable body". 
Article 2 : As recommended by the Economic and Social Committee 
the definition of organizer has been shortened in order to make clear 
that the proposal applies to all package travel and not only to 
advertised package travel. 
Article 3 : The words "forms part of the contract" have been added in 
the first paragraph. The effect is that the description now becomes 
a contractual term. A new paragraph has been added at the end of 
this Article for the purpose of requiring that the essential information «hier. 
has to be included in the brochure or advertising materials is 
displayed prominently. 
Article 4 : 
Paragraph (1) has been modified so as to require that unless the travel 
organiser or the retailer notifies the consumer that the essential 
terms of the contract, as shown in the Annex, do not apply, those terms 
must be contained in the contract. 
In paragraph (3) the words "together with the original consumer" have 
been added, as well as a new sentence which enables the organizer 
to demand payment from the consumer when additional costs arise as a result 
of the substitution of a third person in place of the consumer. 
Paragraph (4)(a) has been amended to ensure that the price is not 
varied "after the consumer has paid the full purchase price", which 
words now form part of the text. 
Paragraph (4)(c) has been completely recast. It now provides for a refund 
to be paid to the consumer where there is a reduction in the amount 
«* the cost items specified in subparagraph (a) of paragraph (4) 
of this Article, in such circumstances that a benefit arises for the 
organiser or the retailer in excess of 4 X of the agreed price. 
In paragraph (5) the words "without penalty" have been added to reinforce 
the right of the consumer to withdraw from the contract before 
departure if important alterations are made to the terms of contract. 
A new sentence has been added to paragraph (6)(b)(i) to provide that 
where a specific number of persons is required by the organiser 
in order that a package will be viable, this information must be stated 
in the brochure. Also, the period of notice applicable in these 
circumstances is now extended from 21 to 30 days. 
The new rule in paragraph (7)(c)(i) relates to the compensation which 
the consumer is to be entitled to receive if, after departure, 
a significant part of the services contemplated is not provided. 
That is to say, where the consumer has thereby incurred costs or has 
suffered significant distress or inconvenience, compensation is to be 
paid to him/her, where appropriate. Further, the new sentence added 
at point (ii) is designed to ensure that full compensation will be paid 
if the contract is not performed. 
Article 5 : A new sentence has been added for the purpose of prohibiting 
the use of contractual terms which would limit or exclude the liability 
of the organizer, retailer or any third party. If such terms 
do nevertheless appear in a package travel contract, they will be 
absolutely void. 
Article 6 : Paragraph (3) now includes the word "independent" (as well 
as "rapid", "efficient" and "inexpensive") by way of description of the 
procedure for handling consumers' complaints. 
31-5- M. 
COMMISSION 
AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON 
PACKA6E TRAVEL, INCLUDING PACKAGE HOLIDAYS AND PACKAGE TOURS*" 
(Submitted by the Commission to the Council pursuant 
to Article 149 (3) of the EEC Treaty) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
THE COUNCIL OF THE EUROPEAN COMMUNITIES THE COUNCIL OF THE EUROPEAN 
COMMUNITIES 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 A thereof. 
Having regard to the proposal from the 
Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic 
and Social Committee, 
Whereas one of the main objectives of the 
Community is to complete the internal market, 
of which the tourist sector is an essential 
part, by 1992 at the latest; 
Whereas paragraph 36 (b) of the Annex to the 
Council's resolution of 19 May 1981 on a 
second programme of the European Economic 
Cc-.:nL;r.ity for a consumer protection and 
information policy invites the Commission 
to study, inter alia, tourism, and, if appro* 
priate, to put forward suitable proposals 
with due regard for their significance for 
consumer protection and the effects of 
differences in Member States' legislation 
on the proper functioning of the common market; unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
(1) OJ No. C 96, 12.4.88, p. 5 
Whereas the Council adopted on 10 April 1984 unchanged 
a resolution on a Commmunity policy on tourism, 
wherein, after welcoming the Commission's 
initiative in drawing attention to the Importance 
of tourism, and after taking note of the 
Commission's initial guidelines for a Community 
policy of tourism, the Council invited the 
Commission to present proposals to it 1n the 
field of tourism; 
Whereas the Commission's communication to the unchanged 
Council concerning consumer protection 
policy, which was entitled "A New Impetus 
for Consumer Protection Policy" and was 
approved by resolution of the Council on 
6 May 1986, lists in paragraph 37, among 
the measures proposed by the Commission, 
the harmonization of legislation on package 
tours, and point 12 of the Annex setting out 
the timetable for action envisages the adoption 
by the Council of a directive on package tours 
in 1987; 
Whereas national laws of Member States concerning unchanged 
package travel show many disparities and the 
various national practices in this field are 
markedly different, with the result that the 
national markets operate divergently from each 
other and that distortions of competition arise 
amongst operators established in different 
Member States; 
Whereas certain common rules on package travel unchanged 
will contribute to achieve a common market in 
services, thus helping operators established in 
one Member State to render their services in 
another Member State and consumers to benefit 
from equal conditions when buying a travel 
package in any Member State; 
Whereas, in concluding contracts for package unchanged 
travel, consumers often thereby contract for 
the provision of services which are of an Inter* 
national character, such as transportation across 
frontiers and accommodation and associated services, 
in payment whereof large amounts of aoney art 
transferred between Member States; 
Whereas tourism plays an increasingly important role unchanged 
in the economies of the Member States; whereas 
package travel constitutes an important part of 
tourism; whereas the package travel industry in 
Member States would be stimulated to greater growth 
and productivity if at least a minimum of common 
rules were adopted in order to structure it to a 
Community dimension; and whereas this would not 
only produce benefits for Community citizens under­
taking package travel organized on the basis of 
those rules, but would attract tourists from out* 
side the Community who seek the advantages of 
guaranteed standards in package travel; 
Whereas experience has shown that package travel, unchanged 
commonly paid for in full in advance of departure, 
has caused a certain level of dissatisfaction, 
and that the level of dissatisfaction is high 
enough to justify action, in the form of a 
Council directive, by the Community; 
Whereas the organizer of the package and the unchanged 
retailer of it should be under obligation to 
ensure that in descriptive matter, and particularly 
in brochures, relating to package travel which they 
respectively organize and sell, information should 
be given which is accurate and also clearly legible 
and understandable to the consumer; 
Whereas the consumer needs to have a record of the unchanged 
terms of contract applicable to the package; 
whereas this can conveniently be achieved by 
requiring thatall the terms of the contract be 
stated in writing or such other documentary form 
as shall be comprehensible and accessible to him, 
and that he be given a copy thereof; 
Whereas the consumer should be at liberty in unchanged 
certain circumstances to transfer to a willing 
third person a booking made by him for a package; 
Whereas the consumer should be protected against unchanged 
any unjustified increase in the price of the package; 
Whereas the consumer should in certain circumstances unchanged 
be free to withdraw before departure from a package 
travel contract concluded with him; 
Whereas there should be a clear definition of the unchanged 
rights available to the consumer in circumstances 
where the organizer of the package cancels it 
before the agreed date of departure; 
Whereas if, after the consumer has departed on the unchanged 
package, there occurs a significant failure of 
performance of the services for which he has 
contracted (for whatever cause other than the 
fault of the consumer) or the organizer perceives 
that he will be unable to procure a significant part 
of them to be provided, the organizer should have 
certain obligations vis-à-vis the consumer; 
Whereas consumer dissatisfaction could be much unchanged 
reduced if there were imposed on the person who 
arranges or sells the package an obligation to 
ensure that all the services which the traveller 
contracts to receive are rendered at the proper 
time and efficiently; 
Whereas the consumer should be informed 
in writing of the name of the organizer's 
local representative, if any, at the package 
destination(s) and of the means of making 
contact with such representative, who should 
use his best endeavours to rectify the con­
sumer's complaints; whereas, to the extent 
possible,local tourist authorities should 
investigate complaints made to them by 
consumers, should suggest solutions and 
endeavour to obtain amicable settlement 
of complaints, and provide assistance in 
recording evidence of significant complaints 
which have not been remedied; and whereas 
both the consumer and the package travel 
industry would find that consumers' 
complaints in this field would be disposed 
of more expeditiously than at present 
if in each Member State there existed 
a rapid, efficientand Inexpensive procedure 
for dealing with those complaints which 
are not resolved amicably,whether provided 
by public or private bodies; Whereas the consumer should be informed 
in writing of the name of the 
organizer's local representative, if 
any, at the package destinâtion(s) 
and of the means of making contact with 
such representative, who should use his 
best endeavours to rectify the consu­
mer's complaints; whereas,to the extent 
possible,local tourist authorities 
should investigate complaints made to 
them by consumers, should suggest 
solutions and endeavour to obtain 
amicable settlement of complaints, and 
provide assistance in recording 
evidence of significant complaints 
which have not been remedied; and 
whereas both the consumer and the 
package travel industry would find 
that consumers' complaints in this 
field would be disposed of more 
expeditiously than at present if in 
each Member State there existed a 
rapid, efficient, Inexpensive and 
Independent procedure for dealing 
with those complaints which are not 
resolved amicably, whether provided by 
public or private bodies; 
Whereas Injury and death to 
travellers can result from 
inadequate or defective 
accommodation but the cross-border 
nature of travel often renders it 
difficult for the Injured or their 
dependants to pursue such claims 
through courts outside their own 
Member State and it is thus 
necessary to provide redress for 
such risks without fault; 
s 
- 5 -
Whereas both the consumer and the package 
travel industry would benefit tff organizers 
were placed under an obligation to cover by 
mea"? of insurance those parts of their lia­
bility under this Directive as are insurable; 
whereas, similarly, each Member State should 
ensure that within its territory a guarantee 
fund is available for payment of claims sus­
tainable under this Directive which remain 
unpaid from some other source; 
Whereas the consumer should have the benefit of 
the protection contemplated by this Directive 
irrespective of whether he is a direct contracting 
party, a transferee, or a member of a group on 
whose behalf another person has concluded a package 
travel contract; 
Whereas Member States should be at liberty to adopt, 
or retain, more stringent provisions relating to 
package travel for the purpose of protecting the 
consumer, unchanged 
unchanged 
Whereas Member States should ad 
their provisions in this field 
protect the consumer in line wi 
HAS ADOPTED THIS DIRECTIVE: this Directive, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The purpose of this Directive is to approxi­
mate the laws, regulations and administrative 
provisions of the Member States relating to 
package travel, including package holidays 
and package tours. Article 1 
unchanged 
Article 2 
For the purposes of this Directive: 
- Package: means the pre-arranged combination 
of not less than two of the following «hen 
organized at a global price and marketed as 
such: 
1. transport, 
2. accommodation, 
3. other services not ancillary to transport 
or accommodation; It does not apply to package travel 
organised occasionally, and not in 
the course of a business activity 
by a bona fide non-profit making 
group or charitable body existing 
in a Member State and recognised by 
ft* authorities. 
Article 2 
unchanged 
unchanged 
and the expressions "package holidays", 
"package tours" and "package travel" shall 
be interpreted accordingly. 
- C-r.-nizcr: -eans the person who in the 
course of his business, organizes the 
package and offers it by means of 
brochures, or other forms of advertising, 
to the public generally. 
- Retailer: means the person who sells the 
package on behalf of the organizer. 
- Consumer: means the person who takes 
or agrees to take the package. 
- The contract: means the agreement 
whereby the consumer purchases the 
package and the organizer undertakes 
to provide it. 
Article 3 
With regard to the marketing and sale 
of the package, Member States shall 
ensure that all descriptive matter 
published or issued by the organizer 
or the retailer concerning a package, 
the price thereof and any other terms 
applicable to the contract therefor, is 
legible, understandable and accurate, and 
that brochures relating to a package contain 
adequate information, where relevant, 
concerning: 
(a) the type(s) of transport to be used; 
(b) where hotel or other accommodation is 
involved, the category (if any), address 
and main features thereof; 
(c) the meal plan; 
(d) visits, excursions or other services 
included in the package or available 
optionally on payment of a supplement; 
and that brochures specify: 
(tj eitner ine monetary amount, or the 
percentage of the price which 1s to be 
paid by way of pre-payment, on account 
of the price; and Organizer: means the person who 
in the course of his business 
organizes the package (words 
deleted). 
unchanged 
unchanged 
unchanged 
Article 3 
With regard to the marketing and 
sale of the package, Member States 
shall ensure that all the descrip­
tive matter published or issued by 
the organizer or the retailer con­
cerning a package, the price 
thereof and any other terms appli­
cable to the contract therefor, 
is legible, understandable and 
accurate, and forms part of the 
contract. Brochures relating to a 
package shall contain adequate 
information, where relevant, 
concerning: 
unchanged 
unchanged 
unchanged 
unchanged 
and brochures shall specify: 
unchanged 
40 
(f) the timetable for payment of the balance 
of the price. unchanged 
Essential information to be 
contained in the brochureHôr 
advertising material must be 
prominently displayed. A specimen 
of the main terms of the contract 
shall be included in the brochure. 
Article 4 
Member States shall ensure that in relation 
to the contract the following principles 
shall apply: 
(1) that the contract contains all the 
.-icntiil terms; by way of illustration 
there is annexed hereto a list of terms 
which, depending on the circumstances, are 
to be considered essential; 
(2) that all the terms of the contract 
(including such of those set out in the 
Annex hereto as are appropriate to the 
particular package) are stated in writing 
or such other documentary form as shall be 
comprehensible and accessible to the 
consumer; and that he shall be given a 
copy thereof; 
(3) that if the consumer is for serious 
reasons (such as sickness, bereavement)/ 
which he duly communicates to the 
organizer or retailer not less than one 
Nc£k before the departure date, prevented 
from proceeding with the package, he 
is free to transfer his booking to a 
wiling person who satisfies the 
conditions, if any, applicable to the 
package, and the legal or administrative 
arrangements, 1f any, for taking part in 
it, and who shall be responsible for 
payment of the balance of the price; Article 4 
Member States shall ensure that in 
relation to the contract the fol­
lowing principles shall appy: 
(1) that the contract contains all 
the essential terms as detailed 
in the Annex, unless the travel 
organizer or retailer ha~ 
notified the consumer that 
they do not applyj 
unchanged 
(3) that if the consumer is for 
serious reasons (such as sick­
ness, bereavement), which he 
duly communicates to the 
organizer or retailer not less 
than one week before the de­
parture date, prevented from 
proceeding with the package, 
he 1s free to transfer his 
booking to a willing person 
who satisfies the conditions, 
1f any, applicable to the 
package, and the legal or 
administrative arrangements, if 
any, for taking part in it, and 
who shall be responsible 
together with the original 
consumer for payment of the 
balance of the price. The 
organizer may demand payment 
from the consumer of the 
additional costs Incurred as a 
result of the participation of 
this third person. 
(4) that consumers are protected against 
unjustified price increases, and in 
particular: 
(a) that the price is not varied unless 
the contract expressly so provides; 
and the organizer may, subject to 
subparagraph (c) below, alter the 
price solely in order to take 
account of modifications in: (4) that consumers are protected 
against unjustified price 
increases, and in particular: 
(a) that the price is not 
varied after the consumer 
has paid the full purchTse 
price. The price shall not 
otherwise be varied unless 
the contract expressly so 
provides; and that,if the 
contract does so provide, 
the organizer may (words 
deleted) alter the price 
solely in order to take 
account of modifications 
in: 
- transportation costs, including the 
cost of fuel, 
- dues, taxes or fees chargeable for 
certain services, such as airport taxes, 
landing fees, 
- currency exchange rates, 
but only if the resulting aggregate 
variation is in excess of 2 X of the 
agreed price; 
(b) that the amount of the variation in price,, 
and the reason therefor, is notified in 
writing to the consumer without delay; 
(c) that the consumer has one of the following (c) 
guarantees after he has paid the whole of 
the price agreed in the contract: 
(i) either from the thirtieth day prior to 
the agreed date of departure the price 
will not be increased; 
(ii) or during the period of three months 
following the conclusion of the 
contract the price will not be 
increased; unchanged 
unchanged 
unchanged 
but only if the resulting variation 
is in excess of 4 % of the agreed 
price; 
unchanged 
where a contract provides for 
price variations the consumer 
shall also be entitled to a 
refund calculated in the same 
manner as any increase under 
Article 4 (4)(a) where the 
varying factors result in a 
benefit to the organizer or 
the retailer in excess of A X 
of the agreed price; 
(5) that the consumer is entitled to withdraw 
from the contract before departure if 
important alterations are made to the 
terms of the contract as agreed, and in 
particular: (5) that the consumer is entitled to 
withdraw without penalty from the 
contract before departure if 
important alterations are made to 
the terms of the contract as 
agreed, and in particular: 
(a) if the price is raised by 10 per cent 
or more; or unchanged 
42 
- 9 -
(b) if the package is modified signifi­
cantly; or 
(c) if there is an unreasonable delay in 
departure, howsoever caused, otherwise 
than by his own fault; 
(6) that if the consumer withdraws from the 
contract pursuant to point 5 above, or if, 
for whatever cause, other than the fault 
of the consumer, the organizer cancels 
the package before the agreed date of 
departure, the consumer is entitled: 
(a) to take an equivalent substitute 
package at no extra charge to the 
consumer; or 
(b) to be paid all sums paid by him under 
the contract, and where appropriate, 
be compensated either by the organizer 
or by the retailer according as the 
relevant Member State's law shall 
provide or determine, for non-ful­
filment of the contract, except where: unchanged 
unchanged 
unchanged 
(i) cancellation is on the grounds that 
the number of persons who enrolled 
for the package is less than the 
minimum number specified by the 
organizer in the brochure or 
elsewhere, and the consumer is 
informed of the cancellation, in 
writing, not less than 21 days 
before the advertised or subse­
quently agreed date of departure; 
or unchanged 
(b) to be repaid all sums paid by 
him under the contract. In such 
case, he is also entitled, 
where appropriate, to be com­
pensated either by the 
organizer or by the retailer 
according as the relevant 
Member State's law shall pro­
vide or determine, for non-
fulfilment of the contract, 
except where: 
(i) cancellation is on the grounds 
that the number of persons who 
enrolled for the package is 
less than the minimum number 
specified by the organizer in 
the brochure or elsewhere, and 
the consumer is informed of 
the cancellation, in writing, 
not less than thirty days 
before the advertised or 
subsequently agreed date of 
departure. Packages which, to 
be viable, require a specific 
number of persons shalI "Ee 
specifically indicated in the 
brochure; or 
(11) cancellation is for reasons of 
force majeure; but these reasons 
shall not include overbooking; (11) unchanged 
IU 
(7) that where, after departure, a significant 
part of the services contemplated by the 
contract is not provided or the organizer 
sees that he will be unable to procure a 
significant part of them to be provided, 
(in either case, for whatever cause other 
than the fault of the consumer) the 
organizer: 
(a) makes suitable alternative arrangements, 
which are free of cost to the consumer, 
for the continuation of the package 
(and if it 1s a package holiday to a 
destination at which he has already 
arrived, to continue it at the place 
where he 1s) if such arrangements are 
capable of being made; or, if such 
arrangements are impossible to achieve 
or are not agreed by the consumer, 
(b) provides suitable transport for the 
consumer, free of cost to him, to 
return him to the place of departure, 
or to such other return-point as was 
agreed between them; and unchanged 
unchanged 
unchanged 
(c) where appropriate, compensates the 
consumer according as the relevant 
Member State's law shall provide: 
(i) for significant inconvenience 
caused to him; and (c) where appropriate, compensates 
the consumer according as the 
relevant Member State's law shall 
provide: 
(1) for costs Incurred or for 
significant distress or 
inconvenience caused to him; 
and 
(11) to the extent that the agreed 
services have not been provided, 
for non-performance of them, 
proportionally. (ii) to the extent that the agreed 
services have not been 
provided,for non-performance 
of them, proportionally. If 
this failure to provide 
services constitutes non-
fulfilment of the contract, 
TuTl compensation must be 
1t 
- 11 -
Article 5 
The Member States shall, as regards the 
performance of the contract, take the 
necessary measures to ensure: 
(1) that the services which under the contract 
are to be provided for the consumer, 
whether by the organizer or by a third 
person, shall be rendered punctually and 
efficiently; Article 5 
(2) unchanged 
unchanged 
that vis-à-vis the consumer, liability for (2) that vis-à-vis the consumer, 
any deficiency in the provision of those 
services lies either with the organizer or 
(in those Member States which so prefer) 
with the retai1er. liability for any deficiency in 
in the provision of those 
services lies either with the 
organizer or (in those Member 
States which so prefer) with the 
retailer. Any contractual clause 
purporting to limit or exclude the 
liability of the organiser, of the 
retailer, or of any third party who 
provides goods or services to or for 
the consumer in connection with the 
package shall be void and of no effect 
Article 6 
With regard to complaints, Member States 
shall ensure: 
(1) that not later than the time when the 
tickets or other travel documents are 
delivered to the consumer he is informed 
in writing of the name of, and the means 
of making contact with, the organizer's 
local representative, if any, at the 
relevant destination(s); and that this 
representative uses his best endeavours to 
rectify the consumer's complaints, 
particularly if they are substantial; 
<2) that to the extent possible,local tourist 
authorities, whether public or private 
bodies, investigate complaints made to 
them by consumers, suggest solutions and 
endeavour to obtain amicable settlement of 
complaints, and provide assistance in 
recording evidence of significant complaints 
which have not been remedied; Article 6 
unchanged 
unchanged 
unchanged 
- 1* -
(3) that in each of their territories there 
is available whether provided by public 
»,.- private bodies a rapid, efficient and 
inexpensive procedure for use by the 
consumer in dealing with his complaints 
concerning any package for wich he has 
contracted, where these are not resolved 
amicably. (3) that in each of their territories 
there is available whether 
provided by public or private 
bodies a rapid, efficient, inex­
pensive and independent procedure 
for use by the consumer in dealing 
with his complaints concerning any 
any package for which he has 
contracted, where these are not 
resolved amicably. 
Article 7 
Member States shall ensure: 
(a) th?t organizers cover by means of 
insurance such part of their liability 
under this Directive as is insurable; 
and Article 7 
Member States shall ensure: 
(a) that organizers and retailers 
cover by means of insurance such 
part of their liability under 
this Directive as is insurable; 
and 
(b) that there is available in each of their 
territories a guarantee fund for payment 
of claims sustainable under this Directive 
which remain unpaid from some other source. unchanged 
Article 8 
The Consumer shall have the benefit of the 
protection contemplated by this Directive 
if he is: Article 8 
unchanged 
(a) the Derson with whom the organiser or the 
retailer has concluded the contract, or 
in the event of a transfer, the transferee; unchanged 
(b) the person with whom the organizer or the 
retailer has concluded the contract with 
another person, such as a parent, guardian 
or group convener. unchanged 
Article 9 Article 9 
Member States may adopt, or retain, more Member States shall adapt their 
«4r*n«»nt nrmHsinns in this field to protect provisions 1n this field to protect 
the consumer the consumer in Une with this 
Directive. 
4S 
- 13 -
Article 10 
1 Mamher çtates shall bring into force the 
measures necessary to comply with this 
Directive not later than 31 December 1990. 
They shall forthwith inform the Commission 
thereof. 
2. Member States shall communicate to the 
Commission the texts of the main provisions 
of law which they adopt in the field 
governed by this Directive. Article 10 
unchanged 
unchanged 
3. The provisions adopted pursuant to 
the first sub-paragraph shall make 
express reference to this Directive. 
Article 11 
This Directive is addressed to the Member 
States Article 11 
unchanged 
ANNEX ANNEX 
Terms for inclusion in the contract 1f appro- Elements for inclusion in the contract 
priate to the particular package if relevant to the particular package 
(a) the travel destination(s); and, where 
periods of stay are involved, the relevant 
periods, with dates; 
(b) the type(s) of transport to be used, the 
date and time of departure and return and 
the times of transport connections, If 
appropriate; and particulars of the place 
to be occupied by the traveller e.g. cabin/ 
berth on ship, sleeper compartment on train; 
(c) the departure point and return point; 
(d) where the package includes hotel accommodation 
the name, address and category (if any) 
thereof, the meal plan (if included), and 
a statement whether a private bathroom or 
shower is included; and where the package 
includes another type of accommodation such 
as a villa, chalet, apartment, flat, room 
or caravan, a description of its main 
features; 
(e) the price of the package, and a statement 
that it will not be varied except in the 
event that the organizer is himself 
compelled to accept modifications, which 
he cannot avoid or reduce, in respect of 
transportation costs (including cost of 
fuel), certain dues, taxes or fees charge­
able for services (such as airport or 
seaport taxes, landing or departure fees) 
and currency exchange rates; 
(f) the timetable for payment of the price; 
(g) other services, if any (e.g. excursions), 
which are included in the price; 
(h) any special requirements which the traveller 
has communicated to the organizer or 
retailer when booking his travel, and which 
either of them has accepted. 
(1) the name and address of the organizer and, 
where appropriate, of the retailer. unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
unchanged 
i$ 

Commission of the European Communities 
COM(89) 348 final 
Amended proposal for a 
COUNCIL DIRECTIVE 
on package travel, including package holidays and package tours 
(presented by the Commission pursuant to Article 149(3) of the EEC 
Treaty) 
6.7.1989 
Office for Official Publications of the European Communities 
L - 2985 Luxembourg 
Series: DOCUMENTS 
1989 - 18 pp. — Format: 21.0 x 29.7 cm 
EN 
ISSN 0254-1475 
ISBN 92-77-51883-9 
Catalogue number: CB-CO-89-297-EN-C 
ISSN 0254-1475 
COM(89) 348 final 
DOCUMENTS 
*:-;gaafe; -S "m<M^ *i_."Tfss;'-r^"'â?vS=^- * .-"' 
Amended proposal for a 
COUNCIL DIRECTIVE 
on package travel, including package holidays 
and package tours 
(presented by the Commission pursuant to 
Article 149(3) of the EEC Treaty) 
15 
Catalogue number: CB-CO-89-297-EN-C 
ISBN 92-77-51883-9 6.7.1989 
€ 
COMMISSION OF THE EUROPEAN COMMUNITIES