Directive (EU) 2015/2302

The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and an as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in respect of contracts between travellers and traders relating to package travel, certain aspects of contracts between organisers of packages and travel service providers, and specific information requirements applicable to certain situations not leading to the creation of a package.

1. This Directive applies to packages offered for sale or sold by traders to travellers and to specific information requirements applicable to certain situations not leading to the creation of a package. It also applies to the right of organisers to a refund from travel service providers in cases of cancellation or non-provision of a service forming part of a travel package.

2. This Directive does not apply to:(a) packages covering a period of less than 24 hours unless overnight accommodation is included;(b) packages offered occasionally and on a not-for-profit basis and only to a limited group of travellers;(c) packages purchased on the basis of a general agreement for the arrangement of business travel between a trader and another natural or legal person who is acting for purposes relating to his trade, business, craft or profession.

3. This Directive does not affect national general contract law such as the rules on the validity, formation or effect of a contract, insofar as general contract law aspects are not regulated in this Directive.

For the purposes of this Directive, the following definitions apply:

(1) ‘travel service’ means: (a) carriage of passengers; (b) accommodation which is not intrinsically part of carriage of passengers and is not for residential purposes; (c) rental of cars, other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council (1), or motorcycles requiring a Category A driving licence in accordance with point (c) of Article 4(3) of Directive 2006/126/EC of the European Parliament and of the Council (2); (d) any other tourist service not intrinsically part of a travel service within the meaning of points (a), (b) or (c);

(2) ‘package’ means a combination of at least two different types of travel services for the purpose of the same trip or holiday, if: (a) those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract on all services is concluded; or (b) irrespective of whether separate contracts are concluded with individual travel service providers, those services are: (i) purchased from a single point of sale and have been selected before the traveller agrees to pay; (ii) offered, sold or charged at an inclusive or total price, regardless of any separate billing; (iii) advertised or sold under the term ‘package’ or under a similar term; (iv) combined after the conclusion of a contract by which a trader entitles the traveller to choose among a selection of different types of travel services; or (v) purchased from separate traders through linked online booking processes where the traveller’s personal data through which the traveller can be identified as a contracting party are transmitted from the trader with whom the first contract is concluded to another trader or other traders and a contract with that other trader or those other traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. A combination of travel services where not more than one type of travel service as referred to in point (a), (b) or (c) of point 1 is combined with one or more tourist services as referred to in point (d) of point 1 is not a package if the latter services: (a) do not account for at least 25 % of the value of the combination and are not advertised as and do not otherwise represent an essential feature of the combination; or (b) are selected and purchased only after the performance of a travel service as referred to in point (a), (b) or (c) of point 1 has started;

(3) ‘package travel contract’ means a contract on the package as a whole or, if the package is provided under separate contracts, all contracts covering travel services included in the package;

(4) ‘start of the package’ means the beginning of the performance of travel services included in the package;

(6) ‘traveller’ means any person who is seeking to conclude a contract, or is entitled to travel on the basis of a contract concluded, within the scope of this Directive;

(7) ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, that is acting, including through any other person acting in its name or on its behalf, for purposes relating to its trade, business, craft or profession in relation to contracts covered by this Directive, in its capacity as an organiser, retailer or travel service provider;

(8) ‘organiser’ means a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the traveller's data to another trader in accordance with point (b)(v) of point 2;

(9) ‘retailer’ means a trader other than the organiser who sells or offers for sale packages combined by an organiser;

(10) ‘establishment’ means establishment as defined in point 5 of Article 4 of Directive 2006/123/EC;

(11) ‘durable medium’ means any instrument which enables the traveller or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

(12) ‘unavoidable and extraordinary circumstances’ means objective circumstances which are beyond the control of the party who invokes such circumstances and the consequences of which could not have been avoided even if all reasonable measures had been taken;

(13) ‘lack of conformity’ means a failure to perform or improper performance of the travel services included in a package;

(14) ‘minor’ means a person below the age of 18 years;

(15) ‘point of sale’ means any retail premises, whether movable or immovable, or a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to travellers as a single facility, including a telephone service;

(16) ‘repatriation’ means the traveller's return to the place of departure or to another place the contracting parties agree upon.

Unless otherwise provided for in this Directive, Member States shall not maintain or introduce, in their national law, provisions diverging from those laid down in this Directive, including more or less stringent provisions which would ensure a different level of traveller protection.

1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the standard information by means of the relevant form as set out in Part A or Part B of Annex I, and, where applicable to the package, with the following information:(a) the main characteristics of the travel services:(i) the travel destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included;(ii) the means, characteristics and categories of transport, the points, dates and time of departure and return, the duration and places of intermediate stops and transport connections.Where the exact time is not yet determined, the organiser and, where applicable, the retailer shall inform the traveller of the approximate time of departure and return;(iii) the location, main features and, where applicable, tourist category of the accommodation under the rules of the country of destination;(iv) the meal plan;(v) visits, excursion(s) or other services included in the total price agreed for the package;(vi) where it is not apparent from the context, whether any of the travel services will be provided to the traveller as part of a group and, if so, where possible, the approximate size of the group;(vii) where the traveller's benefit from other tourist services depends on effective oral communication, the language in which those services will be carried out; and▼M2(viii) whether the travel services included in the package are, in general, accessible to persons with reduced mobility, regardless of whether that reduced mobility is caused by a disability or other causes and regardless of whether that reduced mobility is permanent or temporary, and, upon the traveller’s request, further information on the accessibility or suitability of the package in view of the specific needs communicated by the traveller;(b) the trading name and geographical address of the organiser and, where applicable, of the retailer, as well as their telephone number and, where applicable, an electronic address, enabling the traveller to contact the organiser and, where applicable, the retailer quickly and communicate with them effectively;▼B(c) the total price of the package inclusive of taxes and, where applicable, of all additional fees, charges and other costs or, where those costs cannot reasonably be calculated in advance of the conclusion of the contract, an indication of the type of additional costs which the traveller may still have to bear;▼M2(d) the arrangements for payment, including any existing loyalty points or other benefits under reward systems, and any amount or percentage of the price which is to be paid as a down payment and the timetable for payment of the balance, or financial guarantees to be paid or provided by the traveller;▼B(e) the minimum number of persons required for the package to take place and the time-limit, referred to in point (a) of Article 12(3), before the start of the package for the possible termination of the contract if that number is not reached;▼M2(f) relevant general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the countries of destination and transit;(g) information that the traveller has the right to terminate the package travel contract at any time before the start of the package in return for payment of an appropriate and justifiable termination fee or, where applicable, the standardised termination fee requested by the organiser, in accordance with Article 12(1), and that the traveller has the right to terminate the package travel contract without paying any termination fee in the event of unavoidable and extraordinary circumstances in accordance with Article 12(2);▼B(h) information on optional or compulsory insurance to cover the cost of termination of the contract by the traveller or the cost of assistance, including repatriation, in the event of accident, illness or death.

For package travel contracts concluded by telephone, the organiser and, where applicable, the retailer shall provide the traveller with the standard information set out in Part B of Annex I, and the information set out in points (a) to (h) of the first subparagraph.

2. With reference to packages as defined in point (b)(v) of point 2 of Article 3 the organiser and the trader to whom the data are transmitted shall ensure that each of them provides, before the traveller is bound by a contract or any corresponding offer, the information set out in points (a) to (h) of the first subparagraph of paragraph 1 of this Article in so far as it is relevant for the respective travel services they offer. The organiser shall also provide, at the same time, the standard information by means of the form set out in Part C of Annex I.

3. The information referred to in paragraphs 1 and 2 shall be provided in a clear, comprehensible and prominent manner. Where such information is provided in writing, it shall be legible.

1. Without prejudice to Article 23, in booking situations which do not lead to the creation of a package and where a trader invites a traveller to purchase an additional type of travel service for the same trip or holiday, the trader shall, at the time of that invitation, inform the traveller in a clear, comprehensible and prominent manner that, if the traveller subsequently agrees to pay for an additional type of travel service after agreeing to pay for the first type of travel service, the first type of travel service and the additional type of travel service will not constitute a package and the traveller will not benefit from the rights applicable to packages under this Directive.

2. Where a trader makes the invitation referred to in paragraph 1 before the traveller agrees to pay for a first type of travel service but does not provide the information referred to in that paragraph, and the traveller subsequently agrees to pay for such an additional type of travel service at the same point of sale within 24 hours after agreeing to pay for the first type of travel service, the relevant travel services shall constitute a package, and the trader shall be deemed to be the organiser of that package.

1. Member States shall ensure that the information provided to the traveller pursuant to points (a), (c), (d), (e) and (g) of the first subparagraph of Article 5(1) shall form an integral part of the package travel contract and shall not be altered unless the contracting parties expressly agree otherwise. The organiser and, where applicable, the retailer shall communicate all changes to the pre-contractual information to the traveller in a clear, comprehensible and prominent manner before the conclusion of the package travel contract.

2. If the organiser and, where applicable, the retailer has not complied with the information requirements on additional fees, charges or other costs as referred to in point (c) of the first subparagraph of Article 5(1) before the conclusion of the package travel contract, the traveller shall not bear those fees, charges or other costs.

1. Member States shall ensure that package travel contracts are in plain and intelligible language and, in so far as they are in writing, legible. At the conclusion of the package travel contract or without undue delay thereafter, the organiser or retailer shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller shall be entitled to request a paper copy if the package travel contract has been concluded in the simultaneous physical presence of the parties.

With respect to off-premises contracts as defined in point 8 of Article 2 of Directive 2011/83/EU, a copy or confirmation of the package travel contract shall be provided to the traveller on paper or, if the traveller agrees, on another durable medium.

2. The package travel contract or confirmation of the contract shall set out the full content of the agreement which shall include all the information referred to in points (a) to (h) of the first subparagraph of Article 5(1) and the following information:(a) special requirements of the traveller which the organiser has accepted;▼M2(b) information:(i) that the organiser is responsible for the proper performance of all travel services included in the package travel contract in accordance with Article 13, for any refunds due as a result of the termination of, or changes to, that contract, and for providing assistance in accordance with Article 16 if the traveller is in difficulty;(ii) where applicable, that the traveller can also contact the organiser via the retailer;▼B(c) the name of the entity in charge of the insolvency protection and its contact details, including its geographical address, and, where applicable, the name of the competent authority designated by the Member State concerned for that purpose and its contact details;(d) the name, address, telephone number, e-mail address and, where applicable, the fax number of the organiser's local representative, of a contact point or of another service which enables the traveller to contact the organiser quickly and communicate with him efficiently, to request assistance when the traveller is in difficulty or to complain about any lack of conformity perceived during the performance of the package;(e) information that the traveller is required to communicate any lack of conformity which he perceives during the performance of the package in accordance with Article 13(2);(f) where minors, unaccompanied by a parent or another authorised person, travel on the basis of a package travel contract which includes accommodation, information enabling direct contact with the minor or the person responsible for the minor at the minor's place of stay;▼M2(g) information on complaint-handling arrangements, including the language or languages in which a complaint can be submitted and will be handled and the physical or electronic address to which complaints can be submitted, as well as information on alternative dispute resolution (ADR) mechanisms pursuant to Directive 2013/11/EU of the European Parliament and of the Council (3) and, where applicable, on the ADR entity by which the trader is covered;▼B(h) information on the traveller's right to transfer the contract to another traveller in accordance with Article 9.

2a. The relevant information form set out in Annex I shall be attached to the package travel contract and made available to the traveller on a durable medium at the time of the conclusion of that contract. The package travel contract shall contain a clear reference to that information form.

3. With reference to packages as defined in point (b)(v) of point 2 of Article 3, the trader to whom the data are transmitted shall inform the organiser of the conclusion of the contract leading to the creation of a package. The trader shall provide the organiser with the information necessary to comply with his obligations as an organiser.

As soon as the organiser is informed that a package has been created, the organiser shall provide to the traveller the information referred to in points (a) to (h) of paragraph 2 on a durable medium.

4. The information referred to in paragraphs 2 and 3 shall be provided in a clear, comprehensible and prominent manner.

5. In good time before the start of the package, the organiser shall provide the traveller with the necessary receipts, vouchers and tickets, information on the scheduled times of departure and, where applicable, the deadline for check-in, as well as the scheduled times for intermediate stops, transport connections and arrival.

As regards compliance with the information requirements laid down in this Chapter, the burden of proof shall be on the trader.

1. Member States shall ensure that a traveller may, after giving the organiser reasonable notice on a durable medium before the start of the package, transfer the package travel contract to a person who satisfies all the conditions applicable to that contract. Notice given at the latest seven days before the start of the package shall in any event be deemed to be reasonable.

2. The transferor of the package travel contract and the transferee shall be jointly and severally liable for the payment of the balance due and for any additional fees, charges or other costs arising from the transfer. The organiser shall inform the transferor about the actual costs of the transfer. Those costs shall not be unreasonable and shall not exceed the actual cost incurred by the organiser due to the transfer of the package travel contract.

3. The organiser shall provide the transferor with proof of the additional fees, charges or other costs arising from the transfer of the package travel contract.

1. Member States shall ensure that after the conclusion of the package travel contract, prices may be increased only if the contract expressly reserves that possibility and states that the traveller is entitled to price reduction under paragraph 4. In that event the package travel contract shall state how price revisions are to be calculated. Price increases shall be possible exclusively as a direct consequence of changes in:(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;(b) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or(c) the exchange rates relevant to the package.

2. If the price increase referred to in paragraph 1 of this Article exceeds 8 % of the total price of the package, Article 11(2) to (5) shall apply.

3. Irrespective of its extent, a price increase shall be possible only if the organiser notifies the traveller clearly and comprehensibly of it with a justification for that increase and a calculation, on a durable medium at the latest 20 days before the start of the package.

4. If the package travel contract stipulates the possibility of price increases, the traveller shall have the right to a price reduction corresponding to any decrease in the costs referred to in points (a), (b) and (c) of paragraph 1 that occurs after the conclusion of the contract before the start of the package.

5. In the event of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller's request, the organiser shall provide proof of those administrative expenses.

1. Member States shall ensure that, before the start of the package, the organiser may not unilaterally change package travel contract terms other than the price in accordance with Article 10, unless:(a) the organiser has reserved that right in the contract;(b) the change is insignificant; and(c) the organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium.

2. If, before the start of the package, the organiser is constrained to alter significantly any of the main characteristics of the travel services as referred to in point (a) of the first subparagraph of Article 5(1) or cannot fulfil the special requirements as referred to in point (a) of Article 7(2), or proposes to increase the price of the package by more than 8 % in accordance with Article 10(2), the traveller may within a reasonable period specified by the organiser:(a) accept the proposed change; or(b) terminate the contract without paying a termination fee.

If the traveller terminates the package travel contract, the traveller may accept a substitute package where this is offered by the organiser, if possible of an equivalent or a higher quality.

3. The organiser shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:(a) the proposed changes referred to in paragraph 2 and, where appropriate in accordance with paragraph 4, their impact on the price of the package;(b) a reasonable period within which the traveller has to inform the organiser of his decision pursuant to paragraph 2;(c) the consequences of the traveller's failure to respond within the period referred to point (b), in accordance with applicable national law; and(d) where applicable, the offered substitute package and its price.

4. Where the changes to the package travel contract referred to in the first subparagraph of paragraph 2 or the substitute package referred to in the second subparagraph of paragraph 2 result in a package of lower quality or cost, the traveller shall be entitled to an appropriate price reduction.

5. If the package travel contract is terminated pursuant to point (b) of the first subparagraph of paragraph 2 of this Article, and the traveller does not accept a substitute package, the organiser shall refund all payments made by or on behalf of the traveller without undue delay and in any event not later than 14 days after the contract is terminated. Article 14(2), (3), (4), (5) and (6) shall apply mutatis mutandis.

1. Member States shall ensure that the traveller has the right to terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser, provided that the contract stipulates that such a fee can be charged.

The package travel contract referred to in the first subparagraph may:

(a) specify reasonable standardised termination fees, based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services, in the form of fixed amounts or percentages of the package price, or by a similar method of calculation; or

(b) specify that the termination fee corresponds to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount, as agreed by the parties.

If the package travel contract provides that a termination fee can be charged but contains no further specifications, the termination fee shall correspond to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount as agreed by the parties.

At the traveller’s request, the organiser shall provide a justification for the applicable termination fees.

2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee where it can reasonably be expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances occurring at the place of departure or occurring at the place of destination or its immediate vicinity, or affecting the traveller’s journey to or from that place of destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.

3. The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:(a) the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract, but not later than:(i) 20 days before the start of the package in the case of trips lasting more than six days;(ii) seven days before the start of the package in the case of trips lasting between two and six days;(iii) 48 hours before the start of the package in the case of trips lasting less than two days;or(b) the organiser is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.

4. The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, without the need for any prior request by the traveller. Where the traveller’s payment details are no longer valid, that 14-day refund period shall start to run from the moment that the traveller has provided the organiser with the correct payment details.

Where, within 14 days after the termination of a package travel contract under paragraph 1, 2 or 3, the organiser and the traveller agree on a substitute package of an equivalent or higher quality, the traveller shall not be entitled to a refund or reimbursement. If the traveller accepts a substitute package of a lower quality or cost, the organiser shall refund to the traveller the amount corresponding to the difference between the higher price paid and the lower price of the substitute package not later than 14 days after the agreement on the substitute package.

Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made following the termination of package travel contracts in accordance with paragraphs 2 and 3 of this Article within the time period laid down in the first subparagraph of this paragraph, they shall inform the Commission and the central contact points of the other Member States referred to in Article 18(2) about those mechanisms.

5. With respect to off-premises contracts, Member States may provide in their national law that the traveller has the right to withdraw from the package travel contract within a period of 14 days without giving any reason.

1. Member States shall ensure that, where a package travel contract is terminated pursuant to Article 10, 11 or 12, the organiser has the right to offer the traveller the choice of accepting a voucher corresponding to at least the amount of the refund to which the traveller is entitled (the “traveller’s refund right”) instead of a refund. The organiser may offer a voucher of a higher value than the traveller’s refund right.

2. The traveller may use the voucher for any travel service offered by the organiser and may redeem the voucher in parts.

3. Organisers shall not treat voucher holders less favourably when booking travel services than other travellers.

4. When offering a voucher to the traveller, and before the traveller expressly accepts it, the organiser shall inform that traveller clearly and prominently, on a durable medium, of the following:(a) the fact that the traveller is entitled to a refund within 14 days and is not obliged to accept a voucher;(b) the value of the voucher;(c) the amount of the traveller’s refund right and the fact that that amount is covered by the organiser’s insolvency protection;(d) the fact that the voucher can be used in full or in part and that it can be used for any travel service offered by the organiser, and that, if the voucher is used to book a single travel service, that contract will not be covered by the protection provided for in this Directive;(e) the validity period of the voucher;(f) the fact that the voucher can be transferred once only, and that the transfer is free of charge;(g) the fact that, if the voucher has not been redeemed up to the full amount of the traveller’s refund right by the end of its validity period, the traveller is to be paid the remainder of that refund right within 14 days after the end of that validity period, without the need for any prior request.

5. The voucher shall be issued on a durable medium and shall contain the information listed in paragraph 4, points (b) to (g), in a clear and comprehensible manner. It shall also indicate the organiser’s trading name, the information which travellers are required to provide to the organiser for a transfer to another person to be valid, and the start and end date of the validity period.

6. The voucher shall be valid for a maximum of 12 months from the date on which the traveller expressly accepts it in accordance with paragraph 4. That validity period may be extended once only, for up to 12 months, provided that both parties expressly agree on a durable medium to that extension.

7. The traveller’s refund right shall be suspended during the validity period of the voucher, provided that the traveller has received the information referred to in paragraph 4 and has expressly accepted on a durable medium the voucher instead of a refund. The parties may, at any time, agree on a full or partial refund before the voucher is redeemed or expires. The traveller’s refund right shall expire when the voucher has been redeemed up to the full amount of that refund right.

8. The suspension of the traveller’s refund right shall end:(a) when the validity period of the voucher expires, if the voucher has not been redeemed up to the amount of the traveller’s refund right; or(b) when, before the validity period of a voucher expires, the parties agree on a refund of any remaining amount of the traveller’s refund right; or(c) in the event of the organiser’s insolvency.

9. The organiser shall refund the traveller without undue delay and, in any event, not later than 14 days after the end of the suspension of the traveller’s refund right, in accordance with paragraph 8, points (a) and (b), without the need for any prior request by the traveller.

10. Travellers may transfer the voucher once only. The transfer shall be valid only if the traveller who transfers the voucher informs the organiser, on a durable medium, of the transfer and provides the transferee’s personal data necessary for the transferee to redeem the voucher or to receive a refund at the end of the voucher’s validity period. The organiser shall confirm the transfer of the voucher without undue delay on a durable medium. Organisers may not charge any fee for the transfer.

1. Member States shall ensure that the organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.

Member States may maintain or introduce in their national law provisions under which the retailer is also responsible for the performance of the package. In that case the provisions of Article 7 and Chapter III, this Chapter and Chapter V which are applicable to the organiser shall also apply mutatis mutandis to the retailer.

2. The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the package travel contract.

3. If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity, unless that:(a) is impossible; or(b) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

If the organiser, in accordance with point (a) or point (b) of the first subparagraph of this paragraph, does not remedy the lack of conformity, Article 14 shall apply.

4. Without prejudice to the exceptions laid down in paragraph 3, if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller, the traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for the traveller to specify a time-limit if the organiser refuses to remedy the lack of conformity or if immediate remedy is required.

5. Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where the traveller's return to the place of departure is not provided as agreed.

Where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller an appropriate price reduction.

The traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the package travel contract or the price reduction granted is inadequate.

6. Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period set by the traveller, the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, request, in accordance with Article 14, price reduction and/or compensation for damages.

If it is impossible to make alternative arrangements or the traveller rejects the proposed alternative arrangements in accordance with the third subparagraph of paragraph 5 of this Article, the traveller is, where appropriate, entitled to price reduction and/or compensation for damages in accordance with Article 14 without terminating the package travel contract.

If the package includes the carriage of passengers, the organiser shall, in the cases referred to in the first and second subparagraphs, also provide repatriation of the traveller with equivalent transport without undue delay and at no extra cost to the traveller.

7. As long as it is impossible to ensure the traveller's return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in Union passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.

8. The limitation of costs referred to in paragraph 7 of this Article shall not apply to persons with reduced mobility, as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006, and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability under paragraph 7 of this Article if the relevant transport provider may not rely on such circumstances under applicable Union legislation.

1. Member States shall ensure that the traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

2. The traveller shall be entitled to receive appropriate compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity. Compensation shall be made without undue delay.

3. The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:(a) attributable to the traveller;(b) attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or(c) due to unavoidable and extraordinary circumstances.

4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the package travel contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury or damage caused intentionally or with negligence and does not amount to less than three times the total price of the package.

5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009 of the European Parliament and of the Council (4), Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011, and under international conventions. Travellers shall be entitled to present claims under this Directive and under those Regulations and international conventions. Compensation or price reduction granted under this Directive and the compensation or price reduction granted under those Regulations and international conventions shall be deducted from each other in order to avoid overcompensation.

6. The limitation period for introducing claims under this Article shall not be less than two years.

Without prejudice to the second subparagraph of Article 13(1), Member States shall ensure that the traveller may address messages, requests or complaints in relation to the performance of the package directly to the retailer through which it was purchased. The retailer shall forward those messages, requests or complaints to the organiser without undue delay.

For the purpose of compliance with time-limits or limitation periods, receipt of the messages, requests or complaints referred to in the first subparagraph by the retailer shall be considered as receipt by the organiser.

Member States shall ensure that the organiser gives appropriate assistance without undue delay to the traveller in difficulty, including in the circumstances referred to in Article 13(7), in particular by:

(a) providing appropriate information on health services, local authorities and consular assistance; and

(b) assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.

The organiser shall be able to charge a reasonable fee for such assistance if the difficulty is caused intentionally by the traveller or through the traveller's negligence. That fee shall not in any event exceed the actual costs incurred by the organiser.

1. The organiser shall ensure that it is easily contactable through the contact points indicated in accordance with Article 7(2), point (d), and able to respond efficiently to queries from, or on behalf of, travellers, and in particular those in relation to the provision of assistance under Article 16, where a traveller is in difficulty, or in relation to any lack of conformity occurring during the performance of the package and the related remedies provided for in Article 13.

2. The organiser shall also have in place arrangements for the effective handling of types of complaints other than those referred to in paragraph 1.

The organiser shall acknowledge receipt of such complaints, on a durable medium, within seven days from their receipt and shall provide a reasoned reply to the traveller, on a durable medium, within 60 days after the date of the complaint.

Member States may provide for shorter periods than those referred to in the second subparagraph of this paragraph.

3. Unless the organiser fully accepts the traveller’s complaint, the organiser shall inform the traveller, in the reasoned reply, of any ADR mechanisms pursuant to Directive 2013/11/EU available to the traveller in the matter at issue.

1. Member States shall ensure that organisers established in their territory provide security for the refund of all payments made by or on behalf of travellers in the event of the organiser’s insolvency. That security shall include the protection of payments made where a package is not performed in full or in part as a consequence of the organiser’s insolvency, or where the traveller is entitled to a refund. Where a traveller receives a voucher, the security shall be limited to the amount of the traveller’s refund right. If the return journey is included in the package travel contract, organisers shall also provide security for the traveller’s repatriation. Continuation of the package may be offered.

Organisers not established in a Member State which sell or offer for sale packages in a Member State, or which by any means direct such activities to a Member State, shall be obliged to provide the security in accordance with the law of that Member State.

2. The security referred to in paragraph 1 shall be effective and shall cover reasonably foreseeable costs. It shall cover the amounts of payments made by or on behalf of travellers in respect of packages, taking into account the length of the period between the receipt of any payments and the completion of the packages, as well as the estimated cost of repatriations in the event of the organiser’s insolvency. The security shall at all times be sufficient to cover the cost of refunds and, where applicable, repatriations. The security shall take into account the fact that insolvencies might occur when organisers hold the highest amount of payments. The security shall also take into account any changes in the volume of sales of packages.

3. To ensure the effectiveness of insolvency protection, Member States shall supervise the insolvency protection arrangements of organisers established on their territory and monitor the availability of insolvency protection solutions.

4. An organiser’s insolvency protection shall benefit travellers regardless of their place of residence, the place of departure or where the package is sold and irrespective of the Member State where the entity in charge of the insolvency protection is located.

5. When the performance of the package is affected by the organiser’s insolvency, the security shall be available free of charge to ensure repatriations and, if necessary, the financing of accommodation prior to the repatriation.

6. Travellers shall receive a refund of their payments without undue delay and, in any event, no later than six months after the submission of the documents necessary for the examination of their application.

In exceptional and duly justified cases, including where the entity or authority responsible for processing the application receives an exceptionally high number of applications within a short period of time, or where the insolvency of the organiser affects travellers from several Member States, refunds of payments shall be provided within nine months after submission of the necessary documents.

Member States may provide for shorter periods than those referred to in the first and second subparagraphs.

7. Member States shall ensure that, in the event of an organiser’s insolvency, travellers are informed without undue delay, through appropriate communication channels, of at least the following:(a) the fact of the organiser’s insolvency;(b) the name and contact details of the entity in charge of insolvency protection, or, where applicable, the name and contact details of the competent authority;(c) their rights in relation to packages that have already started or that can still be performed; and(d) the documents that travellers need to submit in order to request a refund.

8. Each Member State shall ensure that online inventories listing all organisers and, where applicable, retailers established in its territory and covered by insolvency protection under the national provisions transposing this Directive are publicly accessible and kept up to date. Member States shall share with the Commission the links to the websites of their inventories when they notify the national provisions transposing this Directive and shall communicate any changes to those links to the Commission without delay. The Commission shall make publicly available on its website a list of the links received from the Member States. The Commission shall update that list without undue delay whenever a Member State communicates a new link to it.

9. Where justified in light of payments received by retailers, Member States may require retailers, in addition to organisers, to take out insolvency protection, without prejudice to Article 13(1), second subparagraph.

1. Member States shall recognise as meeting the requirements of their national measures transposing Article 17 any insolvency protection an organiser provides under such measures of the Member State of his establishment.

2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States, and to exchange information on insolvency protection and on any mechanisms put in place to ensure the effectiveness of refunds following the termination of package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission.

3. The central contact points shall make available to each other all necessary information on their national insolvency protection requirements and the identity of the entity or entities in charge of the insolvency protection for specific organisers established in their territory.

4. If a Member State has doubts about an organiser’s insolvency protection, it shall seek clarification from the organiser’s Member State of establishment. Member States shall respond to requests from other Member States as quickly as possible, taking into account the urgency and complexity of the matter. In any event, a first response shall include the identity of the organiser or, where applicable, of the retailer, and of the entity or entities in charge of the insolvency protection. It shall be issued at the latest within 15 working days from receiving the request.

Without prejudice to the second subparagraph of Article 13(1), where the organiser is established outside the European Economic Area, the retailer established in a Member State shall be subject to the obligations laid down for organisers in Chapters IV and V, unless the retailer provides evidence that the organiser complies with those Chapters.

Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to it and, where the trader has agreed to arrange the booking of a package, for the errors made during the booking process.

A trader shall not be liable for booking errors which are attributable to the traveller or which are caused by unavoidable and extraordinary circumstances.

1. In cases where an organiser or, in accordance with the second subparagraph of Article 13(1) or Article 20, a retailer pays compensation, grants price reduction or meets the other obligations incumbent on him under this Directive, Member States shall ensure that the organiser or retailer has the right to seek redress from any third parties which contributed to the event triggering compensation, price reduction or other obligations.

2. Member States shall ensure that, where a travel service provider cancels a service forming part of a package or fails to provide the service, that service provider refunds to the organiser any payments made by the organiser for that service within seven days. That seven-day period shall start on the day following the cancellation of the service, or on the day on which the service was due to be performed, whichever is earlier.

1. A declaration by an organiser of a package that it is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package does not constitute a package, shall not absolve that organiser from the obligations imposed on it under this Directive.

2. Travellers may not waive the rights conferred on them by the national measures transposing this Directive.

3. Any contractual arrangement or any statement by the traveller which directly or indirectly waives or restricts the rights conferred on travellers pursuant to this Directive or aims to circumvent the application of this Directive shall not be binding on the traveller.

Member States shall ensure that adequate and effective means exist to ensure compliance with this Directive.

Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

By 1 January 2019, the Commission shall submit a report to the European Parliament and to the Council on the provisions of this Directive applying to online bookings made at different points of sale and the qualification of such bookings as packages, linked travel arrangements or stand-alone travel services, and in particular on the definition of package set out in point (b)(v) of point 2 of Article 3 and whether an adjustment or broadening of that definition is appropriate.

By 1 January 2021, the Commission shall submit a general report on the application of this Directive to the European Parliament and to the Council.

The reports referred to in the first and the second paragraphs shall be accompanied, where necessary, by legislative proposals.

1. Point 5 of the Annex to Regulation (EC) No 2006/2004 is replaced by the following:‘5. Directive (EU) 2015/2302 of the European Parliament and of the Council (*1)

2. Point (g) of Article 3(3) of Directive 2011/83/EU is replaced by the following:‘(g) on packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 of the European Parliament and of the Council (*2).Article 6(7), Article 8(2) and (6) and Articles 19, 21 and 22 of this Directive shall apply mutatis mutandis to packages as defined in point 2 of Article 3 of Directive (EU) 2015/2302 in relation to travellers as defined in point 6 of Article 3 of that Directive.

1. Member States shall adopt and publish, by 1 January 2018, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those measures.

2. They shall apply those measures from 1 July 2018.

3. When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

4. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Directive 90/314/EEC is repealed with effect from 1 July 2018.

References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table set out in Annex III.

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Directive is addressed to the Member States.