What changed, Directive (EU) 2015/2302

+ ## CHAPTER I — SUBJECT MATTER, SCOPE, DEFINITIONS AND LEVEL OF HARMONISATION
− ### art_1
+ ### Article 1
− Article 1
+ 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 …
− The purpose of this Directive is to contribute to the proper functioning of the internal market and to the achievement of a high and as uniform as possible level of consumer protection by approximating certain aspects of the laws, regulations and administrative provisions of the Member States in res…
+ ### Article 2 — Scope
− ### art_2
+ **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 case…
− Article 2
+ **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…
− 1. This Directive applies to packages offered for sale or sold by traders to travellers and to linked travel arrangements facilitated by traders for travellers.
+ **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.
− 2. This Directive does not apply to:
+ ### Article 3 — Definitions
− | (a) | packages and linked travel arrangements covering a period of less than 24 hours unless overnight accommodation is included; |
− | --- | --- |
− 
− | (b) | packages offered, and linked travel arrangements facilitated, occasionally and on a not-for-profit basis and only to a limited group of travellers; |
− | --- | --- |
− 
− | (c) | packages and linked travel arrangements 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.
− 
− ### art_3
− 
− Article 3
+ (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…
− | (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 o…
− | --- | --- |
− | (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 (16), 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 Par…
− | (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 servi…
− | (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 ser…
− | --- | --- |
− | (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 those services have been selected before the traveller agrees to pay,(ii)offered, sold or charged at an inclusive or total price,…
− | (i) | purchased from a single point of sale and those services have been selected before the traveller agrees to pay, |
− | (ii) | offered, sold or charged at an inclusive or total price, |
− | (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 name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders and a contract with the latter trader or traders is co…
− | (a) | do not account for a significant proportion 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;
− | (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;
− | (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;
− | (5) | ‘linked travel arrangement’ means at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with the individual travel service providers, if a trader facilitates:(a)on t…
− | --- | --- |
− | (a) | on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers; or |
− | (b) | in a targeted manner, the procurement of at least one additional travel service from another trader where a contract with such other trader is concluded at the latest 24 hours after the confirmation of the booking of the first travel service. |
+ (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 b…
− | (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; |
− | --- | --- |
+ (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;
− | (7) | ‘trader’ means any natural person or any legal person, irrespective of whether privately or publicly owned, who is acting, including through any other person acting in his name or on his behalf, for purposes relating to his trade, business, craft or profession in relation to contracts covere…
− | --- | --- |
+ (9) ‘retailer’ means a trader other than the organiser who sells or offers for sale packages combined by an organiser;
− | (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; |
− | --- | --- |
+ (10) ‘establishment’ means establishment as defined in point 5 of Article 4 of Directive 2006/123/EC;
− | (9) | ‘retailer’ means a trader other than the organiser who sells or offers for sale packages combined by an organiser; |
− | --- | --- |
+ (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 informat…
− | (10) | ‘establishment’ means establishment as defined in point 5 of Article 4 of Directive 2006/123/EC; |
− | --- | --- |
+ (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;
− | (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 info…
− | --- | --- |
+ (13) ‘lack of conformity’ means a failure to perform or improper performance of the travel services included in a package;
− | (12) | ‘unavoidable and extraordinary circumstances’ means a situation beyond the control of the party who invokes such a situation and the consequences of which could not have been avoided even if all reasonable measures had been taken; |
− | --- | --- |
+ (14) ‘minor’ means a person below the age of 18 years;
− | (13) | ‘lack of conformity’ means a failure to perform or improper performance of the travel services included in a package; |
− | --- | --- |
+ (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;
− | (14) | ‘minor’ means a person below the age of 18 years; |
− | --- | --- |
+ (16) ‘repatriation’ means the traveller's return to the place of departure or to another place the contracting parties agree upon.
− | (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; |
− | --- | --- |
+ ### Article 4 — Level of harmonisation
− | (16) | ‘repatriation’ means the traveller's return to the place of departure or to another place the contracting parties agree upon. |
− | --- | --- |
− ### art_4
− 
− Article 4
− 
+ ## CHAPTER II — INFORMATION OBLIGATIONS AND CONTENT OF THE PACKAGE TRAVEL CONTRACT
− ### art_5
+ ### Article 5 — Pre-contractual information
− Article 5
+ **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 …
− 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 s…
+ 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.
− | (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 …
− | --- | --- |
− | (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 …
− | (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 |
− | (viii) | whether the trip or holiday is generally suitable for persons with reduced mobility and, upon the traveller's request, precise information on the suitability of the trip or holiday taking into account the traveller's needs; |
+ **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…
− | (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, e-mail address; |
− | --- | --- |
+ **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.
− | (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 s…
− | --- | --- |
+ ### Article 5a
− | (d) | the arrangements for payment, including 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; |
− | --- | --- |
+ **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…
− | (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; |
− | --- | --- |
+ **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 a…
− | (f) | general information on passport and visa requirements, including approximate periods for obtaining visas and information on health formalities, of the country of destination; |
− | --- | --- |
+ ### Article 6 — Binding character of pre-contractual information and conclusion of the package travel contract
− | (g) | information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with Article 12(1); |
− | --- | --- |
+ **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 …
− | (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. |
− | --- | --- |
+ **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 no…
− 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.
+ ### Article 7 — Content of the package travel contract and documents to be supplied before the start of the package
− 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)…
+ **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…
− 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.
− 
− ### art_6
− 
− Article 6
− 
− 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 othe…
− 
− 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 be…
− 
− ### art_7
− 
− Article 7
− 
− 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 …
+ **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 travelle…
− 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:
+ **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.
− | (a) | special requirements of the traveller which the organiser has accepted; |
− | --- | --- |
+ **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 t…
− | (b) | information that the organiser is:(i)responsible for the proper performance of all travel services included in the contract in accordance with Article 13; and(ii)obliged to provide assistance if the traveller is in difficulty in accordance with Article 16; |
− | --- | --- |
− | (i) | responsible for the proper performance of all travel services included in the contract in accordance with Article 13; and |
− | (ii) | obliged to provide assistance if the traveller is in difficulty in accordance with Article 16; |
− 
− | (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…
− | --- | --- |
− 
− | (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; |
− | --- | --- |
− 
− | (g) | information on available in-house complaint handling procedures and on alternative dispute resolution (‘ADR’) mechanisms pursuant to Directive 2013/11/EU of the European Parliament and of the Council (18), and, where applicable, on the ADR entity by which the trader is covered and on the onl…
− | --- | --- |
− | (h) | information on the traveller's right to transfer the contract to another traveller in accordance with Article 9. |
− | --- | --- |
− 
− 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 co…
− 
+ **4.** The information referred to in paragraphs 2 and 3 shall be provided in a clear, comprehensible and prominent manner.
− 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, t…
− 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, trans…
+ ### Article 8 — Burden of proof
− ### art_8
− Article 8
− 
+ ## CHAPTER III — CHANGES TO THE PACKAGE TRAVEL CONTRACT BEFORE THE START OF THE PACKAGE
− ### art_9
+ ### Article 9 — Transfer of the package travel contract to another traveller
− Article 9
+ **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 da…
− 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 b…
+ **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 tran…
− 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…
+ **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.
− 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.
+ ### Article 10 — Alteration of the price
− ### art_10
+ **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…
− Article 10
+ **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.
− 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 sta…
+ **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.
− | (a) | the price of the carriage of passengers resulting from the cost of fuel or other power sources; |
− | --- | --- |
+ **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 st…
− | (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 |
− | --- | --- |
+ **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.
− | (c) | the exchange rates relevant to the package. |
− | --- | --- |
+ ### Article 11 — Alteration of other package travel contract terms
− 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.
+ **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…
− 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.
+ **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 Articl…
− 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 …
+ 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.
− 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.
+ **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 reasona…
− ### art_11
+ **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…
− Article 11
+ **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 eve…
− 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:
+ ### Article 12 — Termination of the package travel contract and the right of withdrawal before the start of the package
− | (a) | the organiser has reserved that right in the contract; |
− | --- | --- |
+ **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 justifiabl…
− | (b) | the change is insignificant; and |
− | --- | --- |
+ The package travel contract referred to in the first subparagraph may:
− | (c) | the organiser informs the traveller of the change in a clear, comprehensible and prominent manner on a durable medium. |
− | --- | --- |
+ (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…
− 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(…
+ (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.
− | (a) | accept the proposed change; or |
− | --- | --- |
+ 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 ag…
− | (b) | terminate the contract without paying a termination fee. |
− | --- | --- |
+ At the traveller’s request, the organiser shall provide a justification for the applicable termination fees.
− 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.
+ **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…
− 3. The organiser shall without undue delay inform the traveller in a clear, comprehensible and prominent manner on a durable medium of:
+ **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 th…
− | (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; |
− | --- | --- |
+ **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 reimbursement…
− | (b) | a reasonable period within which the traveller has to inform the organiser of his decision pursuant to paragraph 2; |
− | --- | --- |
+ 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 substitut…
− | (c) | the consequences of the traveller's failure to respond within the period referred to point (b), in accordance with applicable national law; and |
− | --- | --- |
+ 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 sha…
− | (d) | where applicable, the offered substitute package and its price. |
− | --- | --- |
+ **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.
− 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.
+ ### Article 12a
− 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 n…
+ **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 “tra…
− ### art_12
+ **2.** The traveller may use the voucher for any travel service offered by the organiser and may redeem the voucher in parts.
− Article 12
+ **3.** Organisers shall not treat voucher holders less favourably when booking travel services than other travellers.
− 1. Member States shall ensure that the traveller may 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…
+ **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…
− 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 in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity a…
+ **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 …
− 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:
+ **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…
− | (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 c…
− | --- | --- |
− | (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; |
+ **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…
− | (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. |
− | --- | --- |
+ **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 an…
− 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 termination fee. Such refunds or reimbursements shall be made to the traveller without undu…
+ **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.
− 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.
+ **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 …
− ### art_13
− 
− Article 13
+ ## CHAPTER IV — PERFORMANCE OF THE PACKAGE
− 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.
+ ### Article 13 — Responsibility for the performance of the package
− 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 mutati…
+ **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.
− 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.
+ 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 *mutat…
− 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:
+ **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.
− | (a) | is impossible; or |
− | --- | --- |
+ **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…
− | (b) | entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. |
− | --- | --- |
+ **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 travell…
− 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 t…
+ **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 contr…
− 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,…
+ **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, …
− 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 a…
+ **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 nigh…
− 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 p…
+ **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 s…
− 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 speci…
+ ### Article 14 — Price reduction and compensation for damages
− ### art_14
+ **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.
− Article 14
+ **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.
− 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.
+ **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 unfor…
− 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.
+ **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 n…
− 3. The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:
+ **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 Regulati…
− | (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 |
− | --- | --- |
+ **6.** The limitation period for introducing claims under this Article shall not be less than two years.
− | (c) | due to unavoidable and extraordinary circumstances. |
− | --- | --- |
+ ### Article 15 — Possibility to contact the organiser via the retailer
− 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 b…
− 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 (20), Regulation (EU) No 1177/2010 and Regulation …
− 
− 6. The limitation period for introducing claims under this Article shall not be less than two years.
− 
− ### art_15
− 
− Article 15
− 
+ ### Article 16 — Obligation to provide assistance
− ### art_16
− 
− Article 16
+ (a) providing appropriate information on health services, local authorities and consular assistance; and
− | (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.
− | (b) | assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements. |
− | --- | --- |
+ ### Article 16a
+ 
+ **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 Arti…
− ### art_17
+ **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.
− Article 17
+ 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.
− 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 insofar as the relevant services are not performed as a consequence of the organiser's insolvency. If the carriage of passengers is included…
+ Member States may provide for shorter periods than those referred to in the second subparagraph of this paragraph.
− 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.
+ **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.
+ 
+ ## CHAPTER V — INSOLVENCY PROTECTION
− 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 down payments and final payments and the …
+ ### Article 17
− 3. 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.
+ **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…
− 4. 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.
+ 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.
− 5. For travel services that have not been performed, refunds shall be provided without undue delay after the traveller's request.
+ **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 c…
− ### art_18
+ **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.
− Article 18
+ **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.
− 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.
+ **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.
− 2. Member States shall designate central contact points to facilitate the administrative cooperation and supervision of organisers operating in different Member States. They shall notify the contact details of those contact points to all other Member States and the Commission.
+ **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.
− 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. Those contact poin…
+ 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, ref…
− 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 ma…
+ Member States may provide for shorter periods than those referred to in the first and second subparagraphs.
− ### art_19
+ **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…
− Article 19
+ **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 …
− 1. Member States shall ensure that traders facilitating linked travel arrangements shall provide security for the refund of all payments they receive from travellers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. If suc…
+ **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.
− 2. Before the traveller is bound by any contract leading to the creation of a linked travel arrangement or any corresponding offer, the trader facilitating linked travel arrangements, including where the trader is not established in a Member State but, by any means, directs such activities to a Memb…
+ ### Article 18 — Mutual recognition of insolvency protection and administrative cooperation
− | (a) | will not benefit from any of the rights applying exclusively to packages under this Directive and that each service provider will be solely responsible for the proper contractual performance of his service; and |
− | --- | --- |
+ **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.
− | (b) | will benefit from insolvency protection in accordance with paragraph 1. |
− | --- | --- |
+ **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 …
− In order to comply with this paragraph, the trader facilitating a linked travel arrangement shall provide the traveller with that information by means of the relevant standard form set out in Annex II, or, where the particular type of linked travel arrangement is not covered by any of the forms set …
+ **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.
− 3. Where the trader facilitating linked travel arrangements has not complied with the requirements set out in paragraphs 1 and 2 of this Article, the rights and obligations laid down in Articles 9 and 12 and Chapter IV shall apply in relation to the travel services included in the linked travel arra…
+ **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 t…
− 4. Where a linked travel arrangement is the result of the conclusion of a contract between a traveller and a trader who does not facilitate the linked travel arrangement, that trader shall inform the trader facilitating the linked travel arrangement of the conclusion of the relevant contract.
+ ## CHAPTER VII — GENERAL PROVISIONS
− ### art_20
+ ### Article 20 — Specific obligations of the retailer where the organiser is established outside the European Economic Area
− Article 20
+ ### Article 21 — Liability for booking errors
− ### art_21
− 
− Article 21
+ 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.
− Member States shall ensure that a trader is liable for any errors due to technical defects in the booking system which are attributable to him and, where the trader has agreed to arrange the booking of a package or of travel services which are part of linked travel arrangements, for the errors made …
+ ### Article 22
− ### art_22
+ **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 t…
− Article 22
+ **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…
− 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 righ…
+ ### Article 23 — Imperative nature of the Directive
− ### art_23
+ **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.
− Article 23
+ **2.** Travellers may not waive the rights conferred on them by the national measures transposing this Directive.
− 1. A declaration by an organiser of a package or a trader facilitating a linked travel arrangement that he is acting exclusively as a travel service provider, as an intermediary or in any other capacity, or that a package or a linked travel arrangement does not constitute a package or a linked trave…
+ **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.
− 2. Travellers may not waive the rights conferred on them by the national measures transposing this Directive.
+ ### Article 24 — Enforcement
− 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.
− ### art_24
− 
− Article 24
− 
+ ### Article 25 — Penalties
− ### art_25
− Article 25
− 
+ ### Article 26 — Reporting by the Commission and review
− ### art_26
− 
− Article 26
+ ### Article 27 — Amendment of Regulation (EC) No 2006/2004 and Directive 2011/83/EU
− ### art_27
+ **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)
− Article 27
+ **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 sha…
− 1. Point 5 of the Annex to Regulation (EC) No 2006/2004 is replaced by the following:
+ ## CHAPTER VIII — FINAL PROVISIONS
− | ‘5. | Directive (EU) 2015/2302 of the European Parliament and of the Council(*1) |
− | --- | --- |
+ ### Article 28 — Transposition
− (*1) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (O…
+ **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. Point (g) of Article 3(3) of Directive 2011/83/EU is replaced by the following:
+ **2.** They shall apply those measures from 1 July 2018.
− | ‘(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 Directi…
− | --- | --- |
+ **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.
− (*2) Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC (O…
+ **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.
− ### art_28
+ ### Article 29 — Repeal
− Article 28
− 
− 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.
− 
− ### art_29
− 
− Article 29
− 
+ ### Article 30 — Entry into force
− ### art_30
+ This Directive shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union.*
− Article 30
+ ### Article 31 — Addressees
− This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
− 
− ### art_31
− 
− Article 31