AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON PACKAGE TRAVEL, INCLUDING PACKAGE HOLIDAYS AND PACKAGE TOURS
Date: 1989-07-06
Institutions: European Commission
Subjects: approximation of laws, contract, freedom to provide services, holiday, package travel, travel

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. 

C O M M I S S I ON 

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, 

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In cooperation with the European Parliament, 

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Having regard to the opinion of the Economic 
and Social Committee, 

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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; 

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(1) OJ No. C 96, 12.4.88, p. 5 

Whereas the Council adopted on 10 April 1984 
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 
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 divergently from each 
other and that distortions of competition 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 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; 

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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 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, 
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, 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 
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; 

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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; 

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Whereas the consumer should be protected against 
any unjustified  increase in the price of the package; 

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Whereas the consumer should in certain circumstances 
be free to withdraw before departure from a package 
travel contract concluded with him; 

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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; 

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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-à-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; 

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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; 

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-  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; 

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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; 

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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, 

Whereas Member States should ad 
their provisions in this field 
protect the consumer in line wi 
this Directive, 

HAS ADOPTED 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 

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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 

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; 

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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. 

Organizer: means the person who 
in the course of his business 
organizes the package (words 
deleted). 

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Article 3 

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: 

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: 

(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; 

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and that brochures specify: 

and brochures shall 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 

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40 

(f) the timetable for payment of the balance 

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of the price. 

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 

Article 4 

Member States shall ensure that  in relation 
to the contract the following principles 
shall apply: 

Member States shall ensure that in 
relation to the contract the fol 
lowing principles shall appy: 

(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; 

(1) that the contract  contains all 
the essential terms as detailed 
in the Annex, unless the travel 
organizer or retailer  h a~ 
notified the consumer that 
they do not applyj 

(2) that all the terms of the contract 

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(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 

(3) that  if the consumer is for 

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; 

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: 

(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: 

(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 

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cost  of  fuel, 

-  dues, taxes  or  fees  chargeable  for 

certain  services, such  as airport  taxes, 
landing  fees, 

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-  currency  exchange  rates, 

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but  only  if the  resulting  aggregate 
variation  is  in excess  of  2 X of  the 
agreed  price; 

but  only  if  the  resulting  variation 
is  in excess  of  4 % 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; 

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(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; 

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 

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42 

- 9 -

(b) if the package is modified signifi 

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cantly; or 

(c) if there is an unreasonable delay in 

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departure, howsoever caused, otherwise 
than by his own fault; 

(6) that if the consumer withdraws from the 

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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 

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(b) to be paid all sums paid by him under 

(b) to be repaid all sums paid by 

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: 

(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 

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 

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force majeure; but these reasons 
shall not include overbooking; 

IU 

(7) that where, after departure, a significant 

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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, 

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(b) provides suitable transport for the 

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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 

(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 

(ii) to the extent that the agreed 

services have not been provided, 
for non-performance of them, 
proportionally. 

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 

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-  11  -

Article  5 

The Member  States  shall, as  regards  the 
performance  of the  contract, take  the 
necessary  measures  to ensure: 

Article  5 

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(1) that  the  services  which  under  the  contract 

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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-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 

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; 

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 

Article 7 

Member States shall ensure: 

Member States shall ensure: 

(a) th?t organizers cover by means of 

(a) that organizers and retailers 

insurance such part of their liability 
under this Directive as is insurable; 
and 

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 

unchanged 

retailer has concluded the contract with 
another person, such as a parent, guardian 
or group convener. 

Article 9 

Article 9 

Member States may adopt, or retain, more 
«4r*n«»nt nrmHsinns in this field to protect  provisions 1n this field to protect 
the consumer 

Member States shall adapt their 

the consumer in U ne  with this 
Directive. 

4S 

-  13 -

Article  10 

Mamher  çtates  shall bring  into  force the 

1 
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 

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periods of stay are involved, the relevant 
periods, with dates; 

(b) the type(s) of transport to be used, the 

unchanged 

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; 

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(d) where the package includes hotel accommodation 

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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. 

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unchanged 

unchanged 

unchanged 

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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 

COM(89)  348  final 

ISSN 0254-1475 

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 

€ 

COMMISSION OF THE EUROPEAN COMMUNITIES 

6.7.1989