WRITTEN QUESTION No. 2339/97 by Mary BANOTTI to the Commission. Travel insurance for EU citizens
Date: 1997-07-10
Institutions: BANOTTI, European Parliament
Subjects: United Kingdom, consumer protection, discrimination on the basis of nationality, holiday, indemnification, insurance, insurance company, insurance contract, package travel, travel agency













EUR-Lex - 91997E2339 - EN






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91997E2339

WRITTEN QUESTION No. 2339/97 by Mary BANOTTI to the Commission. Travel insurance for EU citizens  


Official Journal C 102 , 03/04/1998 P. 0029 





WRITTEN QUESTION E-2339/97 by Mary Banotti (PPE) to the Commission (10 July 1997)Subject: Travel insurance for EU citizensCould the Commission comment on apparent discrimination against EU citizens when booking a holiday in the following instance?Could the Commission give any information on possible plans to harmonize travel insurance?A holiday was booked and paid for in the United Kingdom in advance, with the understanding that holiday insurance was included in the overall cost. When the papers arrived, non-UK nationals' names had been left off the names of those insured. Non-UK nationals were told they would have to take out separate insurance cover. Thus, having paid for insurance in the first instance, they had to pay for insurance again.Answer given by Mr Monti on behalf of the Commission (19 September 1997)The Commission informs the Honourable Member that Council Directive 84/641/EEC ((OJ L 339, 27.12.1984. This Directive was last amended by the Third Council Directive 92/49/EEC (OJ L 228, 11.8.1992) and European Parliament and Council Directive 95/26/EEC (OJ L 168, 18.7.1995). )) of 10 December 1984 amending, particularly as regards tourist assistance, the First Directive (72/239/EEC) on the coordination of laws, regulations and administrative provisions relating to the taking-up and pursuit of the business of direct insurance other than life assurance has already established provisions concerning the insurance of assistance for persons who get into difficulties while travelling, while away from home or while away from their permanent residence. Council Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours ((OJ L 158, 23.6.1990. )) is also relevant in this connection. Article 4(b)(iv) of that Directive specifies that the organiser and/or retailer must provide the consumer, in good time before the start of the journey, in writing or any other appropriate form, with information on the optional conclusion of an insurance policy to cover the cost of cancellation by the consumer or the cost of assistance, including repatriation, in the event of accident or illness.As regards the situation described by the Honourable Member, which concerns the exclusion of non-UK nationals from holiday insurance cover, the Commission takes the view that this conduct probably reflects the commercial policy of the insurance company or travel agency through which the holiday was booked rather than discrimination on the grounds of nationality, for which a Member State would be responsible.The Commission is not competent to rule on proceedings for breach of contract which may be instituted by consumers against the travel agency or insurance company. The domestic courts are competent to settle such matters and to determine whether amounts paid for holiday insurance cover which is included in the overall cost of a package but from which certain consumers are apparently excluded should be reimbursed. In that context, the requirement set out in the package tours Directive to provide consumers with appropriate information could be taken into consideration.