CELEX: 51989PC0348
Language: en
Date: 1989-07-06
Title: AMENDED PROPOSAL FOR A COUNCIL DIRECTIVE ON PACKAGE TRAVEL, INCLUDING PACKAGE HOLIDAYS AND PACKAGE TOURS

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)
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak--- 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.
 ---pagebreak---                                                                                  31-5- M .
                                    C O M M I S S I O N
                        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                 unchanged
European Economic Community, and in particular
Article 100 A thereof.
Having regard to the proposal from the                       unchanged
Commission,
In cooperation with the European Parliament,                 unchanged
Having regard to the opinion of the Economic                 unchanged
and Social Committee,
Whereas one of the main objectives of the
Community is to complete the internal market,                unchanged
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                     unchanged
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;
 (1) OJ No. C 96, 12.4.88, p. 5
 ---pagebreak--- 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;
 ---pagebreak--- 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;
 ---pagebreak--- 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         Whereas the consumer should be informed
in writing of the name of the organizer's       in writing of the name of the
local representative, if any, at the package    organizer's local representative, if
destination(s) and of the means of making       any, at the package destinâtion(s)
contact with such representative, who should    and of the means of making contact with
use his best endeavours to rectify the con-     such representative, who should use his
sumer's complaints; whereas, to the extent      best endeavours to rectify the consu-
possible,local tourist authorities should       mer's complaints; whereas,to the extent
investigate complaints made to them by          possible,local tourist authorities
consumers, should suggest solutions and         should investigate complaints made to
endeavour to obtain amicable settlement         them by consumers, should suggest
of complaints, and provide assistance in        solutions and endeavour to obtain
recording evidence of significant complaints    amicable settlement of complaints, and
which have not been remedied; and whereas       provide assistance in recording
both the consumer and the package travel        evidence of significant complaints
industry would find that consumers'             which have not been remedied; and
complaints in this field would be disposed      whereas both the consumer and the
of more expeditiously than at present           package travel industry would find
if in each Member State there existed           that consumers' complaints in this
a rapid, efficientand Inexpensive procedure     field would be disposed of more
for dealing with those complaints which         expeditiously than at present if in
are not resolved amicably,whether provided      each Member State there existed a
by public or private bodies;                    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
 ---pagebreak---                                        - 5 -
Whereas both the consumer and the package                unchanged
travel industry would benefittfforganizers
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           unchanged
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,    Whereas Member States should ad
 or retain, more stringent provisions relating to        their provisions in this field
 package travel for the purpose of protecting the        protect the consumer in line wi
 consumer,                                               this Directive,
 HAS ADOPTED THIS DIRECTIVE:                         HAS ADOPTED THIS DIRECTIVE:
                    Article 1                                    Article 1
 The purpose of this Directive is to approxi-             unchanged
 mate the laws, regulations and administrative
 provisions of the Member States relating to
 package travel, including package holidays
 and package tours.
                                                 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:                      unchanged
  - Package: means the pre-arranged combination            unchanged
    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;
 ---pagebreak---    and the expressions "package holidays",
   "package tours" and "package travel" shall
   be interpreted accordingly.
- C-r.-nizcr: -eans the person who in the        Organizer: means the person who
    course of his business, organizes the        in the course of his business
    package and offers it by means of            organizes the package (words
   brochures, or other forms of advertising,     deleted).
    to the public generally.
- Retailer: means the person who sells the              unchanged
   package on behalf of the organizer.
- Consumer: means the person who takes                  unchanged
    or agrees to take the package.
- The contract: means the agreement                     unchanged
    whereby the consumer purchases the
   package and the organizer undertakes
    to provide it.
                    Article 3                                  Article 3
With regard to the marketing and sale          With regard to the marketing and
of the package, Member States shall            sale of the package, Member States
ensure that all descriptive matter             shall ensure that all the descrip-
published or issued by the organizer           tive matter published or issued by
or the retailer concerning a package,          the organizer or the retailer con-
the price thereof and any other terms          cerning a package, the price
applicable to the contract therefor, is        thereof and any other terms appli-
legible, understandable and accurate, and      cable to the contract therefor,
that brochures relating to a package contain   is legible, understandable and
adequate information, where relevant,          accurate, and forms part of the
concerning:                                    contract. Brochures relating to a
                                               package shall contain adequate
                                               information, where relevant,
                                               concerning:
(a) the type(s) of transport to be used;                 unchanged
(b) where hotel or other accommodation is                unchanged
      involved, the category (if any), address
      and main features thereof;
(c) the meal plan;                                       unchanged
(d) visits, excursions or other services                 unchanged
      included in the package or available
      optionally on payment of a supplement;
and that brochures specify:                    and brochures shall specify:
 (tj  eitner ine monetary amount, or the                 unchanged
      percentage of the price which 1s to be
      paid by way of pre-payment, on account
      of the price; and
                                                                                  40
 ---pagebreak--- (f) the timetable for payment of the balance              unchanged
     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     Member States shall ensure that in
to the contract the following principles        relation to the contract the fol-
shall apply:                                    lowing principles shall appy:
(1) that the contract contains all the          (1) that the contract contains all
     .-icntiil terms; by way of illustration         the essential terms as detailed
     there is annexed hereto a list of terms         in the Annex, unless the travel
     which, depending on the circumstances, are      organizer or retailer h a ~
     to be considered essential;                     notified the consumer that
                                                     they do not applyj
(2) that all the terms of the contract                     unchanged
      (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)/        serious reasons (such as sick-
     which he duly communicates to the               ness, bereavement), which he
     organizer or retailer not less than one         duly communicates to the
     Nc£k before the departure date, prevented       organizer or retailer not less
     from proceeding with the package, he            than one week before the de-
      is free to transfer his booking to a           parture date, prevented from
     wiling person who satisfies the                 proceeding with the package,
      conditions, if any, applicable to the          he 1s free to transfer his
     package, and the legal or administrative        booking to a willing person
      arrangements, 1f any, for taking part in       who satisfies the conditions,
      it, and who shall be responsible for           1f any, applicable to the
     payment of the balance of the price;            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.
 ---pagebreak--- (4) that consumers are protected against          (4) that consumers are protected
    unjustified price increases, and in                against unjustified price
    particular:                                        increases, and in particular:
     (a) that the price is not varied unless           (a) that the price is not
          the contract expressly so provides;               varied after the consumer
          and the organizer may, subject to                 has paid the full purchTse
          subparagraph (c) below, alter the                 price. The price shall not
          price solely in order to take                     otherwise be varied unless
          account of modifications in:                      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                   unchanged
        cost of fuel,
     - dues, taxes or fees chargeable for                    unchanged
        certain services, such as airport taxes,
        landing fees,
     - currency exchange rates,                               unchanged
     but only if the resulting aggregate          but only if the resulting variation
     variation is in excess of 2 X of the          is in excess of 4 % of the agreed
     agreed price;                                 price;
 (b) that the amount of the variation in price,,              unchanged
     and the reason therefor, is notified in
     writing to the consumer without delay;
 (c) that the consumer has one of the following (c) where a contract provides for
     guarantees after he has paid the whole of          price variations the consumer
     the price agreed in the contract:                  shall also be entitled to a
                                                        refund calculated in the same
      (i) either from the thirtieth day prior to        manner as any increase under
           the agreed date of departure the price       Article 4 (4)(a) where the
           will not be increased;                       varying factors result in a
                                                        benefit to the organizer or
    (ii) or during the period of three months           the retailer in excess of A X
           following the conclusion of the              of the agreed price;
           contract the price will not be
           increased;
 (5) that the consumer is entitled to withdraw      (5) that the consumer is entitled to
      from the contract before departure if             withdraw without penalty from the
      important alterations are made to the             contract before departure if
      terms of the contract as agreed, and in            important alterations are made to
      particular:                                       the terms of the contract as
                                                        agreed, and in particular:
     (a) if the price is raised by 10 per cent
                                                                unchanged
          or more; or
                                                                                           42
 ---pagebreak---                                         - 9-
    (b) if the package is modified signifi-            unchanged
        cantly; or
    (c) if there is an unreasonable delay in           unchanged
        departure, howsoever caused, otherwise
        than by his own fault;
(6) that if the consumer withdraws from the            unchanged
    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               unchanged
        package at no extra charge to the
         consumer; or
    (b) to be paid all sums paid by him under (b) to be repaid all sums paid by
         the contract, and where appropriate,     him under the contract. In such
         be compensated either by the organizer   case, he is also entitled,
         or by the retailer according as the      where appropriate, to be com-
         relevant Member State's law shall        pensated either by the
         provide or determine, for non-ful-       organizer or by the retailer
         filment of the contract, except where:   according as the relevant
                                                  Member State's law shall pro-
         (i) cancellation is on the grounds that  vide or determine, for non-
             the number of persons who enrolled   fulfilment of the contract,
             for the package is less than the     except where:
             minimum number specified by the
             organizer in the brochure or         (i) cancellation is on the grounds
             elsewhere, and the consumer is           that the number of persons who
             informed of the cancellation, in         enrolled for the package is
             writing, not less than 21 days           less than the minimum number
             before the advertised or subse-          specified by the organizer in
             quently agreed date of departure;        the brochure or elsewhere, and
             or                                       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      (11) unchanged
             force majeure; but these reasons
             shall not include overbooking;
 ---pagebreak---                                           IU
(7) that where, after departure, a significant            unchanged
    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,         unchanged
         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               unchanged
         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       (c) where appropriate, compensates
         consumer according as the relevant          the consumer according as the
         Member State's law shall provide:           relevant Member State's law shall
                                                     provide:
         (i) for significant inconvenience
             caused to him; and                      (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,            services have not been
             for non-performance of them,                provided,for non-performance
             proportionally.                             of them, proportionally. If
                                                         this failure to provide
                                                         services constitutes non-
                                                         fulfilment of the contract,
                                                         TuTl compensation must be
                                                                                       1t
 ---pagebreak---                                          - 11 -
                    Article 5                                     Article 5
The Member States shall, as regards the                    unchanged
performance of the contract, take the
necessary measures to ensure:
(1) that the services which under the contract             unchanged
     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         liability for any deficiency in
     services lies either with the organizer or       in the provision of those
      (in those Member States which so prefer)        services lies either with the
     with the retai1er.                               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                   unchanged
  shall ensure:
  (1) that not later than the time when the                  unchanged
       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              unchanged
        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;
 ---pagebreak---                                               - 1* -
    (3) that in each of their territories there        (3) that in each of their territories
         is available whether provided by public           there is available whether
         »,.- private bodies a rapid, efficient and        provided by public or private
         inexpensive procedure for use by the              bodies a rapid, efficient, inex-
         consumer in dealing with his complaints           pensive and independent procedure
         concerning any package for wich he has            for use by the consumer in dealing
         contracted, where these are not resolved          with his complaints concerning any
         amicably.                                         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           cover by means of insurance such
         under this Directive as is insurable;             part of their liability under
         and                                               this Directive as is insurable;
                                                           and
    (b) that there is available in each of their                 unchanged
         territories a guarantee fund for payment
         of claims sustainable under this Directive
         which remain unpaid from some other source.
                         Article 8                                      Article 8
    The Consumer shall have the benefit of the                   unchanged
    protection contemplated by this Directive
    if he is:
(a) the Derson with whom the organiser or the                    unchanged
     retailer has concluded the contract, or
     in the event of a transfer, the transferee;
 (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            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 U n e with this
                                                    Directive.
                                                                                              4S
 ---pagebreak---                                        - 13 -
                 Article 10                                Article 10
1    Mamher çtates shall bring into force the          unchanged
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              unchanged
Commission the texts of the main provisions
of law which they adopt in the field
governed by this Directive.
                                              3. The provisions adopted pursuant to
                                              the first sub-paragraph shall make
                                              express reference to this Directive.
                 Article 11                                Article 11
 This Directive is addressed to the Member             unchanged
  States
 ---pagebreak---                    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                 unchanged
     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;                 unchanged
(d) where the package includes hotel accommodation        unchanged
     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              unchanged
     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;               unchanged
 (g) other services, if any (e.g. excursions),             unchanged
     which are included in the price;
 (h) any special requirements which the traveller
     has communicated to the organizer or                  unchanged
     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
                                                                                       i$
 ---pagebreak---  ---pagebreak--- 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
 ---pagebreak---                                                                              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                                                                          6.7.1989
Catalogue number: CB-CO-89-297-EN-C
ISBN 92-77-51883-9
€
COMMISSION OF THE EUROPEAN COMMUNITIES