Brussels, 05/05/2015 (Agence Europe) - On Tuesday, 5 May in Brussels, negotiators from the European Parliament, Council and the European Commission struck an informal agreement on the implementation and modernisation of legislation on package holidays and assisted travel provisions as a means of enhancing consumer rights in the digital era (see EUROPE 11302 and 11212).
Internal Market rapporteur Birgit Collin-Langen (EPP, Germany) was delighted that “In long and difficult talks, we managed to strengthen the rights of travellers substantially, especially, and for the first time, with regard to online bookings, which are growing fast. At the same time, we also took account of the interests of small and medium-sized enterprises”.
The deal extends the definition of “package holidays” to include most types of travel arrangements made up of various elements, such as flights, hotel accommodation and car hire, so as to protect holidaymakers in the event of problems.
MEPs included certain “click-through” online travel arrangements in the “package” definition to give online package deal buyers the same liability and insolvency protection as buyers of traditionally pre-arranged (travel agent) packages or combinations of services bought from a single sales outlet. This involves services purchased through “click-through” arrangements between different travel websites (for example, moving from the site where a plane ticket can be bought, to one for hotel reservations) and considered as part of a package.
Additional services purchased from separate traders through linked online booking processes, where the travellers name, payment details and e-mail address are transferred between traders within 24 hours of the original sale being concluded, should be considered part of the original package.
Travellers will have the right to cancel a package deal contract if its price rises by more than 8% (the Commission had proposed 10%). If “unavoidable” and “unforeseen” events such as natural disasters or terrorist attacks make it impossible for the traveller to return home on time, the organiser would have to pay for a stay of three nights, says the deal (and not five nights as the Parliament wished), unless new EU legislation allows the traveller the right to stays of more paid nights.
Before holidaymakers enter into any contractual commitments, organisers and retailers would have to make it clear that they are buying the package and tell them their rights. The information to be provided would always include the name of at least one party responsible for the performance of the package and an emergency number. There is also the duty of providing travellers with approximate departure and return times and an indication of the type of any possible extra costs. Holidaymakers would also get the right to cancel the package before it starts or to transfer it to another person. The provisionally agreed text still needs be formally approved by Parliament's Internal Market Committee and the Council Committee of Permanent Representatives. The text seeks to amend Regulation 2006/2003 and Directive 2011/83/EC, as well as abrogate Directive 90/314/EEC. (Aminata Niang)