Rådsdirektiv 90/314/EØF av 13. juni 1990 om pakkereiser, herunder pakkeferier og pakketurer
Forslag til fortolkningsdom lagt fram av EU-domstolens generaladvokat 10.11.2020
BAKGRUNN (fra Kommisjonens faktaark, engelsk utgave)
A package requires the following two conditions to be met: the service provided must cover a period of more than twenty-four hours and must be sold at an inclusive price.
Any brochure made available to the consumer must indicate clearly and accurately:
• the price;
• the destination, the itinerary and the means of transport used;
• the type of accommodation;
• the meal plan;
• the passport and visa requirements;
• the health formalities;
• the timetable for payment;
• the deadline for informing the consumer in the event of cancellation.
The information contained in the brochure is binding on the organiser.
Before the contract is concluded, the organiser is required to provide, in writing, certain information on passports, visas (periods for obtaining them) and health formalities.
Before the start of the journey, the organiser must supply in writing:
• the times and places of intermediate stops and transport connections as well as details of the place to be occupied by the traveller;
• the name, address and telephone number of the organiser's local representative or, failing that, an emergency telephone number;
• certain additional details in the case of journeys involving minors;
• information on optional contracts covering insurance or assistance.
The terms laid down by the Directive are to be set out in writing in the contract.
The consumer may transfer his or her booking to another person.
The prices stipulated in the contract may not be changed unless the contract expressly provides for the possibility. In such a case, only variations in transportation costs, dues, taxes or fees chargeable and exchange rates may be reflected in the price.
If the organiser alters the contract significantly, the consumer may either withdraw from the contract without penalty or accept a rider to the contract.
If the consumer withdraws from the contract or if the organiser cancels the package, the consumer is entitled either to take an alternative package or to be reimbursed the sums paid. Where appropriate, the consumer is entitled to be compensated for non-performance of the contract.
The organiser is responsible for the failure to perform or the improper performance of the contract, except where the consumer is at fault or for reasons of force majeure.
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