What changed between the plenary report and the adopted text

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 3: 3. The value of the voucher offered shall correspond at least to the amount of the traveller’s refund right. The organiser may offer a voucher of a higher total value.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 3 a (new): 3a. For travellers who opt for a voucher, the organiser shall offer an alternative that, at a minimum, meets their convenience in choosing travel services. Furthermore, these travellers shall be given priority in their choice of travel services.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 4: 4. Travellers shall lose their right to a refund during the validity period of the voucher after accepting the voucher on a durable medium. The parties may at any time agree on a full or partial refund before a voucher is redeemed or expires.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 5: 5. Vouchers shall have a validity period of a maximum of 12 months from the day a traveller accepts a voucher in accordance with paragraph 4. That period may be extended once for up to 12 months with the explicit and written agreement of both parties. Travellers shall have the right to request a refund after the end of the validity period.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 6: 6. It shall be possible for vouchers to be used for all travel services proposed by the organiser. Travellers may use vouchers for one or more services offered by organisers and in parts on different occasions. If the voucher is not redeemed within its validity period, the organiser shall refund the amount corresponding to the traveller’s refund rights as soon as possible and at the latest within 14 days after the end of the validity period without the need of any prior request by the traveller. If the voucher is partially redeemed, the organiser shall refund the remaining amount of the voucher as soon as possible and at the latest within 14 days after the partial redemption of the voucher, without the need of any prior request by the traveller.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 8, Article 12a – paragraph 7: 7. Vouchers shall be transferable to another traveller only once without any additional cost. The traveller shall inform the organiser in writing of the transfer of the voucher, and shall provide the organiser with the transferee’s personal data necessary to redeem the voucher or to receive a refund at the end of its validity period. In order to improve traceability, the voucher shall be marked as transferred.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 9, Article 17 – paragraph 1 – subparagraph 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 organisers’ insolvency. This 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 a traveller was entitled to a refund or had received a voucher from the organiser before its insolvency. In relation to vouchers, the security shall be limited to the traveller’s refund rights. 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.

Directive (EU) 2015/2302

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 9, Article 17 – paragraph 2: 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 for repatriations in the event of the organiser’s insolvency. The security shall be sufficient to cover costs for refunds and, where applicable, repatriations and vouchers, at all times. The coverage shall take into account periods where organisers hold the highest amounts of payments.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 9, Article 17 – paragraph 3: 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 market for the provision of insolvency protection. Any co-financing by Member States is possible only in exceptional and duly justified circumstances and shall be conditional on approval under the Union State aid provisions.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 9, Article 17 – paragraph 6: 6. Refunds of payments affected by the organiser’s insolvency shall be provided without undue delay after the traveller’s request and at the latest within six months after the traveller has submitted the documents necessary to examine the request. When requesting a refund, travellers shall provide the package travel contract as well as proof of payment made to the organiser or, where applicable, retailers. Such documentation shall be sufficient for the traveller to request a refund.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 10, Article 18 – paragraph 2: 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 in relation to insolvency protection and any mechanisms put in place to ensure the effectiveness of refunds for terminated package travel contracts. Member States shall notify the contact details of those contact points to all other Member States and the Commission. Each Member State shall create an inventory listing all traders that sell packages in their territory and the respective identity of the entity in charge of the insolvency protection. Those inventories shall be public and accessible and shall facilitate the cooperation between contact points designated by the Member States. The Commission shall centralise and maintain up-to-date information related to insolvency protection, including a list of all the inventories and make it publicly available on its website.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 11, Chapter VI: (11) Chapter VI is deleted. / (deleted) / (deleted) / (deleted) / (deleted) / (deleted) / (deleted)

Directive (EU) 2015/2302

Directive (EU) 2015/2302

Article 1 – pont 12 b (new), Article 24 – paragraph 1 a (new): (12b) in Article 24, the following paragraphs are added: / 1a. Without prejudice to Articles 7(2), 13, 15 and 16, each organiser and retailer shall set up a complaint-handling mechanism for the rights and obligations covered by this Directive. They shall make their contact details and working language, or languages, known to travellers and available to consumers at the same time of the documents to be supplied before the start of the package in accordance with Article 7(1), point (g).

Directive (EU) 2015/2302

Article 1 – point 12 b (new), Article 24 – paragraph 1 b (new): 1b. When a traveller submits a complaint using the mechanism referred to in paragraph 1a, the organiser or retailer shall confirm the receipt with a copy of the exchanges, within seven working days of submission of the complaint. The organiser or the retailer shall give a reasoned reply to the traveller within 30 working days. Organisers and retailers shall keep the data necessary to assess the complaint for the duration of the entire complaint-handling procedure and shall make that data available to national enforcement bodies upon request.

Directive (EU) 2015/2302

Article 1 – point 12 b (new), Article 24 – paragraph 1 c (new): 1c. Details of the complaint-handling procedure shall be made available on the website of the organisers and retailers offering services covered by this Directive.

Directive (EU) 2015/2302

Article 1 – point 12 b (new), Article 24 – paragraph 1 d (new): 1d. The submission of complaints by travellers using the mechanism referred to in paragraph 1a shall be without prejudice to their rights to submit disputes for out-of-court resolution in accordance with Article 26a, or to seek redress through court proceedings, subject to periods of limitation in accordance with national law.

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 12 c (new), Article 25: (12c) Article 25 is replaced by the following: / ‘Article 25 / 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. The maximum amount of the fines shall be at least 4% of the trader’s annual turnover in the Member State or Member States concerned. Member States shall notify the Commission of those rules and measures and shall notify it without delay of any subsequent amendment affecting them.’

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 12 d (new), Article 26 a (new): (12d) the following Article is inserted: / ‘Article 26a / Alternative dispute resolution mechanism / Organisers, retailers, intermediaries and other actors falling within the scope of this Directive may participate in alternative dispute resolution procedures.’

Directive (EU) 2015/2302

Article 1 – paragraph 1 – point 14, Annex II: (14) Annex II is deleted.

Article 3: Member States shall adopt and publish, by [24 months after the entry into force of the Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. / They shall forthwith communicate to the Commission the text of those provisions. They shall apply those provisions from [6 months after the transposition deadline]. / 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 (EU) 2015/2302

Annex II, Annex II: deleted