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FIA REGION I ‐ RUE DE LA SCIENCE 41, 5TH FLOOR ‐ B‐1040 BRUSSELS, BELGIUM ‐ +32 2 282 0819 ‐ WWW.FIAREGION1.COM
BRIEFING ON THE PACKAGE TRAVEL DIRECTIVE
Executive Summary
The Commission’s proposal to revise the Package Travel Directive addresses the existing legal
grey zones to a certain extent. The FIA proposes the following additional provisions to improve
consumer protection:
Broaden the scope of the definition of “package travel” so as to maintain flexibility for
future methods of booking travel services;
Provide sufficient protection for “assisted travel arrangements”, as the revision of the
Directive aimed at taking into account new ways of booking;
Provide more transparent information to the consumers regarding the party ultimately
responsible for them and;
Base the proposal on the principle of targeted maximum harmonisation in order to
avoid a reduction of existing rights in many Member States.
TOURISM
CONSUMER PROTECTION
FIA REGION I ‐ RUE DE LA SCIENCE 41, 5TH FLOOR ‐ B‐1040 BRUSSELS, BELGIUM ‐ +32 2 282 0819 ‐ WWW.FIAREGION1.COM
Legislative Background
The Directive from 1990 did not take sufficient account of new developments in the tourism field,
notably the growing role of the internet in travel booking. Nowadays, an increasing number of
travellers book their holidays online, often combining services from different operators for, so‐
called, “dynamic travel packages”.
On 9 July 2013, the Commission released its proposal for a Directive on package travel and assisted
travel arrangements; the proposal gives more precision on the definitions and the scope of
application. It encompasses new ways of booking, such as “dynamic packages”, now covered as
“assisted travel arrangements”. Furthermore, the proposal improves information to travellers on
the main characteristics of the travel services. Finally, the liability for the performance of the
package is increased and compensation, in case of disruption or damages, is strengthened.
FIA Region I position
The FIA welcomes the Commission’s proposal aiming at revising the Package Travel Directive, since
it will provide consumers with increased certainty on prices, services and redress mechanisms. The
new text seeks to protect travellers in the new booking environment and provide traders with more
certainty. The Commission thus extends the protection granted to travellers for “assisted travel
arrangements”. In addition to these changes, we believe that the following points must be
addressed for this legislation to be truly lasting and effective.
Definitions
The new definition of “package travel” should not be based so restrictively on the booking systems
available today. It is hard to foresee how travel services will be presented and how bookings will be
made in the future. Thus, the FIA calls for clarifying that the list of services detailed in Article 3 is
non‐exhaustive as a way to maintain flexibility for future ways of booking travel services.
While we welcome the approach that all traders should be responsible as organisers “where more
than one trader meets the criteria referred to in point (b) paragraph 2” (Art. 3 §8), consumers
should be able to identify the party ultimately responsible for their travel arrangements. The
Directive should mandate the disclosure of the organiser ultimately responsible on all
communications to consumers. In addition, the consumer should be able to address messages,
complaints or claims to the responsible person at no extra costs. The request of the traveller should
be treated by the organiser without undue delay.
FIA REGION I ‐ RUE DE LA SCIENCE 41, 5TH FLOOR ‐ B‐1040 BRUSSELS, BELGIUM ‐ +32 2 282 0819 ‐ WWW.FIAREGION1.COM
Travellers booking via assisted travel arrangements deserve better protection
The FIA deplores that the Directive, aiming at encompassing combined travel services, does not
provide more stringent requirements regarding the “assisted travel arrangements”. Currently there
is no obligation for service providers offering “assisted travel arrangements” beyond protection
against insolvency. Provisions regarding information or alteration of the contract terms and liability
for performance of the services do not apply to the “assisted travel arrangements”, although
consumers are more and more frequently booking travel services through separate contracts.
Therefore, we believe that the provisions of both package travel and “assisted travel arrangements”
should be aligned in order to offer the same protection for consumers.
Business travellers deserve protection as well
An exclusion of business travel appears
excessive since this would also affect,
for instance, the beneficiaries of
incentive travel. As this type of travel
presents much the same characteristics
as leisure travel, employees taking an
incentive trip deserve the same level of
protection as other travellers.
Level of harmonisation
The Commission’s proposal lacks of clarity when it comes to the level of harmonisation requested
by the Directive. The FIA does not support full harmonisation, as it would lead to a reduction of
existing rights in Member States where more protection is granted. Targeted maximum
harmonisation should be preferred, as it would ensure minimal rights throughout the European
Union, while safeguarding the higher level of protection granted in some Member States.
Alteration of the contract terms
The FIA calls for a clarification of what would constitute significant changes in contract terms by
means of a non‐exhaustive list. As an example, it is our Members’ view that changes in the itinerary
of cruises – such as the cancellation of stops at certain destinations – qualify as a significant change.
Late changes to the itinerary may indeed render the cruise worthless to travellers. The change
might be justifiable in the case of “compelling” circumstances such as terrorist threats, or
FIA REGION I ‐ RUE DE LA SCIENCE 41, 5TH FLOOR ‐ B‐1040 BRUSSELS, BELGIUM ‐ +32 2 282 0819 ‐ WWW.FIAREGION1.COM
unavoidable strikes at the destination. However, in the case of late changes regarding the main
characteristics of the travel service, organisers shall offer their customers an alternative service of
the same quality.
Mutual recognition of insolvency protection
While the FIA fully supports the fact that Member States shall recognise insolvency protection
under the law of the Member State of establishment, we call on the Commission to set minimum
harmonised provisions regarding the level of insolvency protection between the different Member
States.
Liability for the performance of the package
In the event of a cancellation caused by unavoidable and extraordinary circumstances, the organiser
shall be made liable to assist stranded travellers in finding adequate accommodation and provide
assistance to them for a maximum of 5 nights. In accordance with the requirements made by the
FIA in the air passenger rights regulation, we believe that assistance may be limited to 100 EUR for
each of the first three nights and to 50 EUR for each subsequent night. In addition, people with
specific needs should benefit from increased assistance, regardless of pre‐notification requirements.
Fédération Internationale de l’Automobile (FIA) Region I office
FIA Region I represents 108 Touring and Motoring Clubs in Europe, the Middle East and Africa,
which total more than 37 million members. The FIA represents the interest of these members as
motorists, public transport users, pedestrians and tourists. The FIA’s primary goal is to secure a
mobility that is safe, affordable, sustainable and efficient. Learn more at fiaregion1.com