12. 4. 88 Official Journal of the European Communities No C 96/5 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on package travel, including package holidays and package 
tours 
COM(88) 41 final 
(Submitted by the Commission to the Council on 23 March 1988) 
(88/C 96/06) 
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 Community 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; 
Whereas the Council adopted on 10 April 1984 a 
resolution on a Community 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 in the field of 
tourism; 
Whereas the Commission's communication to the 
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 
package travel show many disparities and the various 
national practices in this field are markedly different, 
with the result that the national markets operate diver­
gently from each other and that distortions of compe­
tition arise amongst operators established in different 
Member States; 
Whereas certain common rules on package travel 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 travel, 
consumers often thereby contract for the provision of 
services which are of an international character, such as 
transportation across frontiers and accommodation and 
associated services, in payment whereof large amounts of 
money are transferred between Member States; 
Whereas tourism plays an increasingly important role 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 
undertaking package travel organized on the basis of 
those rules, but would attract tourists from outside the 
Community who seek the advantages of guaranteed 
standards in package travel; 
No C 96/6 Official Journal of the European Communities 12. 4. 88 
Whereas experience has shown that package travel, 
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 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, infor­
mation 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 
terms of contract applicable to the package; whereas this 
can conveniently be achieved by requiring that all 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 certain 
circumstances to transfer to a willing third person a 
booking made by him for a package; 
Whereas the consumer should be protected against any 
unjustified increase in the price of the package; 
Whereas the consumer should in certain circumstances 
be free to withdraw before departure from a package 
travel contract concluded with him; 
Whereas there should be a clear definition of the 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 
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-a-vis the consumer; 
Whereas consumer dissatisfaction could be much 
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 destiriation(s) and of the means of 
making contact with such representative, who should use 
his best endeavours to rectify the consumer'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 and inex­
pensive procedure for dealing with those complaints 
which are not resolved amicably whether provided by 
public or private bodies; 
Whereas both the consumer and the package travel 
industry would benefit if organizers were placed under 
an obligation to cover by means of insurance those parts 
of their liability 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 sustainable 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, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
The purpose of this Directive is to approximate the laws, 
regulations and administrative provisions of the Member 
States relating to package travel, including package 
holidays and package tours. 
Article 2 
For the purposes of this Directive: 
— Package: means the pre-arranged combination of not 
less than two of the following when organized at a 
global price and marketed as such: 
1. transport, 
2. accommodation, 
3. other services not ancillary to transport or accom­
modation; 
and the expressions 'package holidays', 'package 
tours' and 'package travel' shall be interpreted 
accordingly. 
— Organizer: means 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. 
12. 4. 88 Official Journal of the European Communities No C 96/7 
— 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: 
(e) either the monetary amount, or the percentage of the 
price which is to be paid by way of pre-payment, on 
account of the price; and 
(f) the timetable for payment of the balance of the price. 
Article 4 
Member States shall ensure that in relation to the 
contract the following principles shall apply: 
(1) that the contract contains all the essential 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 week 
before the departure date, prevented from 
proceeding with the package, he is free to transfer 
his booking to a willing person who satisfies the conditions, if any, applicable to the package, and the 
legal or administrative arrangements, if any, for 
taking part in it, and who shall be responsible for 
payment of the balance of the price; 
(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 that if the contract 
does so provide, the organizer may, subject to 
subparagraph (c) below, 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 % 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 
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; 
(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: 
(a) if the price is raised by 10 per cent or more; or 
(b) if the package is modified significantly; 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 
No C 96/8 Official Journal of the European Communities 12. 4. 88 
(b) to be repaid 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-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 21 
days before the advertised or subsequently 
agreed date of departure; or 
(ii) cancellation is for reasons of force majeure; 
but these reasons shall not include over­
booking; 
(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 is a 
package holiday to a destination at which he has 
already arrived, to continue it at the place where 
he is) 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 
(c) where appropriate, compensates the consumer 
according as the relevant Member State's law 
shall provide: 
(i) for significant inconvenience caused to him; 
and 
(ii) to the extent that the agreed services have 
not been provided, for non-performance of 
them, proportionally. 
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; (2) that vis-d-vis the consumer, liability for any de­
ficiency in the provision of those services lies either 
with the organizer or (in those Member States which 
so prefer) with the retailer. 
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; 
(3) that in each of their territories there is available 
whether provided by public or private bodies a rapid, 
efficient and inexpensive procedure for use by the 
consumer in dealing with his complaints concerning 
any package for which he has contracted, where 
these are not resolved amicably. 
Article 7 
Member States shall ensure: 
(a) that organizers 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. 
Article 8 
The consumer shall have the benefit of the protection 
contemplated by this Directive if he is: 
(a) the person with whom the organizer or the retailer 
has concluded the contract, or in the event of a 
transfer, the transferee; 
(b) a person in respect of whom the organiser or the 
retailer has concluded the contract with another 
person, such as a parent, guardian or group 
convener. 
12. 4. 88 Official Journal of the European Communities No C 96/9 
Article 9 December 1990. They shall forthwith inform the 
., . _ . Commission thereof. 
Member States may adopt, or retain, more stringent 
provisions in this field to protect the consumer. 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 
1. Member States shall bring into force the measures 
necessary to comply with this Directive not later than 31 This Directive is addressed to the Member States. 
ANNEX 
Terms for inclusion in the contract if appropriate 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 chargeable 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. 
(i) the name and address of the organizer and, where appropriate, of the retailer.