CONPAX PTD- ECTAA- PTD Trialogue position - Final
COMPARATIVE ANALYSIS OF PARLIAMENT’s FIRST
READING REPORT ON PTD REVISION
Below is an analysis of the key elements of the PTD report ahead of its expected adoption
during the European Parliament’s plenary vote in September. The document compares the
Parliament’s position with the Council’s general approach adopted on 18 December 2024 and
outlines ECTAA’s likely or preferred position on each point.
Exclusion of business travel:
European Parliament European Council
Article 2 No Changes:
Scope
(2) This Directive does not apply to:
(a) 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.
ECTAA’s Comment:
17/09/2025 1
ECTAA supports the Parliament’s amendment fully excluding Business travel.
The original intent of the Package Travel Directive (PTD) was to protect consumers, with
recitals noting that small businesses booking travel like ordinary consumers might also
deserve protection. However, the scope in Article 2 was drafted in a way that unintentionally
captures a “middle category” of business travel — cases that are neither individual consumer
bookings nor large corporate framework agreements. This misalignment means that small
travel organizers, handling business trips outside of general agreements, unfairly carry all
the legal and financial risk.
To correct this, the PTD should not only align with its recitals but also avoid imposing
consumer-style protection rules on professional, business-to-business arrangements. The
most effective solution is to exclude all business travel from the scope of the PTD. Genuine
consumers, including small business travellers booking as individuals, remain protected. At
the same time, corporate clients would no longer be able to shift disproportionate risk onto
smaller travel organizers through technical gaps in the directive.
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Definitions
Article 3
Definitions
2) ‘package’ means a combination of at least two different types of travel services as defined
in point 1for the purpose of the same trip or holiday, if:
(i) irrespective of whether separate contracts are concluded with individual travel
service providers, and:
those services are purchased from a single point of sale and
- have been selected before the traveller agrees to pay, (or
3h package
EP Council
- other types of travel services are booked - other types of travel services are booked
within 3 hours after the traveller agreed within 3 hours after the traveller agreed
to pay for the first travel service to pay for the first travel service
ECTAA’s Comment:
ECTAA welcomes the support from both Council and Parliament to delete references to “3h
package”.
24h Package
EP Council
- other types of travel services are - other types of travel services are booked
booked within 24 hours after the within 24 hours after the traveller agreed to
traveller agreed to pay for the first pay for the first travel service and if, before
travel service and if, before the the traveller agreed to pay for the first travel
traveller agreed to pay for the a first service, the trader invited the traveller to
travel service, the trader actively subsequently book one or more additional
invited the traveller to subsequently types of travel services, or
book select one or more additional
types of travel services at the same
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point of sale within 24hours of
agreeing to pay for the first service,
or
ECTAA’s comments:
ECTAA fully supports the Council’s position to delete the new definition of a package
composed within 24 hours and calls on the European Parliament to consider its deletion
during the trilogue negotiations.
Provisions on packages concluded within 24 hours are impossible to comply with. They are
incompatible with the obligation, under the PTD itself, to provide accurate pre-contractual
information. At the time of booking, it is impossible to know what additional services may
later be added. Furthermore, altering the contract terms of the first service after its sale would
create confusion and unnecessary burdens for consumers.
Linked travel Arrangements
EP Council
(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 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.
Where not more than one type of travel service as referred to in point (a), (b) or (c) of
point 1 and one or more tourist services as referred to in point (d) of point 1 are
purchased, they do not constitute a linked travel arrangement if the latter services do not
account for a significant proportion of the combined value of the services and are not
advertised as, and do not otherwise represent, an essential feature of the trip or holiday.
ECTAA’s Comments:
Both the European Parliament and the Council have removed the definition of LTA, a change
welcomed by ECTAA. The key difference between their positions concerns whether
combinations that do not fall within the scope of the package definition should be subject to
an information obligation, specifically clarifying that such a combination is not a package
(see section on information obligations below). On this point, ECTAA supports the
Council’s approach, which requires imposing an information obligation in these cases.
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INFORMATION OBLIGATIONS AND CONTENT OF THE
PACKAGE TRAVEL CONTRACT
Article 5
Pre-contractual information
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 set out in Part A or Part B of Annex I, and, where applicable to the package, with the
following information:
(a) the main characteristics of the travel services:
(b)
Information on LTA
EP Council
(New) (ba) the following paragraph is inserted:
‘2a. Subject to Article 23, in online
booking situations that do not lead to the
creation of a package within the meaning
of Article 3, point (2) but where a trader
invites a traveller to conclude, after the
conclusion of a first contract, an
additional contract on a different type of
travel service for the same trip or holiday,
the first trader shall inform the traveller,
when making such invitation, by a clearly
visible notice, that the relevant travel
services will not constitute a package. That
notice shall be stated in a clear,
comprehensible and prominent manner
that the traveller will not benefit from any
of the rights applying exclusively to
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packages under this Directive and that
each trader will be solely responsible for
the proper contractual performance of its
service.’
ECTAA’s Comment:
See position on LTA.
ECTAA supports the Council’s proposal to require clear and prominent labelling for
travel service combinations that do not qualify as packages. This will help ensure that
consumers understand they are not purchasing a package.
Such labelling will not only better inform consumers about the nature of the combination
they are buying, but may also encourage them to learn more about what constitutes a package
and the stronger protection packages provide under EU law.
Free of charge phone number:
EP Council
(c) the trading name and geographical (d) the trading name and geographical address
address of the organiser and, where of the organiser and, where applicable, of
applicable, of the retailer, as well as their the retailer, as well as their telephone
free of charge telephone number and, number and, where applicable, e-mail
where applicable, functional e-mail address.
address;
ECTAA Comment:
The European Parliament's amendment requiring a "free of charge" telephone number is
vague and could be interpreted widely in ways that could impede traders’ freedom to conduct
business at precontractual stage. Moreover, when in contract with a consumer, the package
organisers should not be obliged to cover travellers' standard phone charges, particularly
when calling from abroad. That additional cost would have a strong negative impact on
organisers’ finances, in particular SMEs.
To avoid any misinterpretation, ECTAA urges retention of the original wording and
supports the Council position.
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Visa and health formalities
EP Council
(e) exhaustive (NI AM 131, Greens 132) (d) general information on passport and visa
general information on passport and visa requirements, including approximate periods
requirements, including approximate for obtaining visas and information on health
periods for obtaining visas and information formalities, of the country of destination
on health formalities, of the country of
destination and transit as well as changes
occurring between the conclusion of the
contract and its execution
ECTAA’s comments:
The European Parliament’s amendment concerning visa requirements is both confusing and
overly broad, as such requirements can vary significantly depending on the package
organiser’s place of establishment, the traveller’s nationality, the destination, the duration of
the stay, and the efficiency of the Ambassy/Consulate of the traveller’s nationality. Given
these parameters, an exhaustive information would require listing more than 38000 possible
combinations of visa procedures and would obviously constitute a disproportionate burden
on package organisers, in particular SMEs.
ECTAA recommends retaining the original wording of the directive and supports the
Council position.
Information on package
EP Council
Council
(ha) information that the traveller is buying (New)
a package and an explanation of the
protection given to travellers after the
conclusion of the contract as provided for in
this Directive (EPP 133)
ECTAA’s Comments: While the intention behind this European Parliament amendment is
commendable, it conflicts with their proposed inclusion of packages that can be arranged
within 24 hours. For this reason, the amendment should be removed from Article 5 and, if
retained at all, considered for inclusion in Article 7, where the contract is concluded.
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Limitation of Prepayments
Limitation of prepayments (article 5a):
EP Council
Member States may, in accordance with (Deleted)
national provisions, introduce limitations to
pre-payments.
ECTAA’s comments:
ECTAA supports the deletion of the controversial Article 5a, which would have introduced
rigid, one-size-fits-all restrictions on consumer prepayments. While the European
Parliament’s proposal to allow Member States to set national limitations may appear flexible,
this invitation risks creating a fragmented regulatory environment across the EU. This would
undermine the internal market, increase compliance burdens for cross-border operators, and
distort competition.
ECTAA therefore calls for a harmonised framework that ensures a level playing field for
travel businesses across Europe.
In conclusion, ECTAA supports the Council’s position to fully delete Article 5a and
any reference to prepayment limitations.
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CHANGES TO THE PACKAGE TRAVEL CONTRACT
BEFORE THE START OF THE PACKAGE
Termination of the package travel contract and the right of
withdrawal before the start of the package (Art 12)
EP COUNCIL
1. Notwithstanding paragraph 1, the 2. Notwithstanding paragraph 1, the traveller
traveller shall have the right to terminate the shall have the right to terminate the package
package travel contract before the start of the travel contract before the start of the package
package without paying any termination fee without paying any termination fee where it
where it can be reasonably expected that the can be reasonably expected that the
package travel contract will be significantly package travel contract will be significantly
and objectively affected by in the event of affected by unavoidable and extraordinary
unavoidable and extraordinary circumstances occurring at the place of
circumstances. occurring at the travel departure, at the travel destination or its
destination or its immediate vicinity, at the immediate vicinity. If the package travel
place of the traveller’s residence or contract is terminated in accordance with this
departure or affecting the journey of the paragraph, the traveller shall be entitled to a
traveller to or from the destination. If the full refund of any payments made for the
package travel contract is terminated in package but shall not be entitled to additional
accordance with this paragraph, the compensation.’
traveller shall be entitled to a full refund
of any payments made for the package but
shall not be entitled to additional
compensation.
ECTAA’s Comments:
ECTAA welcomes that both amendments to Article 12 remove the reference to the traveller’s
place of residence.
ECTAA has a slight preference for the European Parliament’s wording, as it more
clearly emphasises that the unavoidable and extraordinary circumstances must objectively
impact the performance of the package contract.
A key concern for package organisers is to avoid being treated as a substitute for travel
insurance by covering personal circumstances. Imposing liability for risks covered by travel
insurances would result in pure financial loss, making the package travel business
excessively risky and potentially unsustainable.
17/09/2025 9
Official Warnings
EP Council
3a. Official warnings against travel to a (Deleted)
particular destination issued by the
authorities of the Member State of departure
or traveller’s residence or the country of
destination, or the fact that travellers will be
subject to serious restrictions at the travel
destination or in the Member State of
residence or departure after returning from
the trip or holiday, shall be important
elements to be taken into account in the
assessment of whether a termination of the
contract based on paragraph 2 and paragraph
3, point (b), is justified. This applies in
particular where an official warning has
been issued at most 28 days before the
scheduled start of the package but is
without prejudice to a case-by-case
assessment. Where the traveller has been
duly informed about an official warning
and travel restrictions by the organiser, and
nonetheless proceeded with a booking, the
traveller shall assume the financial risk in
the event that he or she terminates the
package travel contract.
ECTAA’s comments:
The proposed amendment risks creating confusion and legal uncertainty by introducing
three different types of travel warnings as potential grounds for free cancellation. Such a
fragmented approach would be detrimental to the travel industry, undermining clarity and
predictability for both operators and consumers. Moreover, the reference in the EP report
to a 28-day period is not in line with the recent CJEU’s Kiwi Tours ruling (C-584/22),
which clearly established that cancellation rights must be assessed strictly on the
circumstances existing at the moment of termination, not by reference to warnings issued
at an earlier or later stage.
ECTAA therefore supports the Council’s position to move references to official
warnings into the recitals, aligning with the current ECJ case law on this matter.
17/09/2025 10
Article 17: Effectiveness and scope of insolvency
protection
Level of financial security
EP Council
2. The security referred to in paragraph 1 The security referred to in paragraph 1 shall
shall be effective and shall cover be effective and shall cover reasonably
reasonably foreseeable costs. It shall cover foreseeable costs. It shall cover the amounts
the amounts of payments made by or on of payments made by or on behalf of
behalf of travellers in respect of packages, travellers in respect of packages, taking into
taking into account the length of the account the length of the period between the
period between the receipt of any receipt of any payments and the completion
payments and the completion of the of the packages, as well as the estimated cost
packages, as well as the estimated cost for for repatriations in the event of the
repatriations in the event of the organiser’s insolvency. The security shall be
organiser’s insolvency. The security shall sufficient to cover costs for refunds and,
be sufficient to cover costs for refunds where applicable, repatriations and vouchers,
and, where applicable, repatriations and at all times. The coverage security shall take
vouchers, at all times. The coverage shall into account that be sufficient to cover the
take into account periods where risk related to an insolvency may occur in
organisers hold the highest amounts of periods at a time when organisers hold the
payments and any changes in the volume highest amounts of payments and shall
of sales of packages. (Rapp 13) take into account as well as where organisers
hold the highest amounts of payments and
any changes in the volume of sales of
packages
ECTAA’s comments:
ECTAA supports the Council approach in the calculation of the security as it takes into
account the variations in sales that occurs throughout the year. Holding the maximum
security at all time even when the risk isn’t high will just create unnecessary costs and
withhold money that could be invested elsewhere.
17/09/2025 11
Insolvency: Refund deadline.
EP Council
6. Refunds of payments affected by the Refunds of travellers’ payments affected by
organiser’s insolvency shall be provided the organiser’s insolvency shall be provided
without undue delay after the traveller’s without undue delay after the traveller’s
request and at the latest within three six request and at the latest within three 9
months after the traveller has submitted months after the traveller has submitted all
the documents necessary to examine the relevant documents necessary to examine the
request. To activate the protection, request as specified in accordance with
travellers shall provide the package travel paragraph 6a point (c). Member States may
contract as well as proof of payment made provide for a shorter deadline for providers
to the organiser or, where applicable, of insolvency protection to pay the refunds.
retailers. This shall be sufficient for the
traveller to request a refund.
ECTAA’s Comments:
1. ECTAA supports a nine-months deadline, as this timeframe is essential for effectively
handling large-scale insolvency cases.
2. Furthermore, ECTAA strongly opposes the European Parliament’s amendment
suggesting that proof of a contract and proof of payment should be deemed sufficient,
for the following reasons:
• Such documentation may not be adequate in cases where the prepayment concerns a
refund following a package cancellation, as additional evidence confirming that no
prior refund by organisers was issued would be necessary.
• Moreover, simply requiring the proof of contract and proof of payment would expose
to the insolvency protection provider to a real risk of fraud such as travellers claiming
from the protection scheme, from their credit card issuer and through other
stakeholders such as trust account managers.
• Any increase in the possibility for fraud in the claims process would add to the costs
of providing the security and getting merchant acquirer facilities, thus unnecessarily
increasing overall cost of the package.
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ENFORCEMENT (New articles 24/25/26)
Complain Handling Mechanism AM 75-
EP Council
1a. Without prejudice to Articles 7(2), 13, (New)
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).
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.
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.
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
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26a, or to seek redress through court
proceedings, subject to periods of
limitation in accordance with national law.
ECTAA Comment:
The proposed complaint-handling obligation would place an unnecessary additional burden
on organisers and retailers. Existing EU legislation already ensures that travellers can submit
complaints and seek redress. Duplicating these rules under the Package Travel Directive
adds fragmentation of obligations, bureaucracy and costs, especially for SMEs, without
delivering any real benefit for consumers.
ECTAA therefore support the Council’s position
Penalties
EP Council
Article 25 (New)
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.’
ECTAA’s comment:
ECTAA believes that introducing an additional penalty regime specifically for package
travel would create disproportionate burdens for organisers and retailers, especially SMEs,
and would duplicate enforcement powers already foreseen under EU consumer law – in
particular Directive (EU) 2019/2161 (the Omnibus Directive) and Regulation (EU)
2017/2394 on consumer protection cooperation (CPC Regulation). National authorities
already have sufficient tools to ensure compliance, and these tools will be further updated
when the CPC Regulation is revised.
The objectives of deterrence and enforcement can already be achieved under existing
legislation, making the proposed amendment in the Parliament Report unnecessary and
duplicative.
ECTAA therefore supports the Council’s approach.
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Alternative Dispute resolution
EP Council
ADR (New)
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
ECTAA’s comment:
ECTAA supports efficient dispute resolution, but this amendment is unnecessary.
ADR/ODR mechanisms are already fully regulated at EU level and has been recently
revised. Adding a separate obligation under the Package Travel Directive only creates
duplication and confusion, without improving consumer protection.
ECTAA therefore supports the Council’s position.
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Majandus - ja Tööstusminister Hr Erkki Keldo Koopiad : Kantsler Ahti Kuningas, Nõunik Kati Kikas Ref : ETFL toetus ECTAA seisukohale Pakettreiside Direktiivi (PTD) muutmises Dd : Tallinn, 4 .11.2025 Lp hr minister , Eesti Turismi- ja Reisifirmade Liit (ETFL) avaldab käesolevaga oma toetust Euroopa Reisibüroode Ühenduste Konföderatsiooni (ECTAA) poolt koostatud analüüsile ja seisukohtadele , mis on antud pöördumise lisas . Leaime , et Eesti Vabariigi esindajad koostöös Euroopa Komisjoniga on teinud tunnustust väärivat asjatundlikku tööd , mis on suurepäraseks näiteks põhjalike teadmiste valdamisest reisiettevõtluse valdkonnas . Euroopa Parlamendi heaks kiidetud tekstis esines paraku mitmeid reisiettevõtluse aluspõhimõtetega vastuolus olevaid eluliselt vildakaid norme . Trialoogi protsessis toetame koos ECTAA- ga Euroopa Komisjoni versiooni PTD uuendusteks ja palume tutvuda välja toodud täiendavate ettepanekute ja põhjendustega , mis on lisatud antud pöördumise juures oleva analüüsi teksti. Palun edastage meie pöördumine koos omapoolse kommentaariga vastutavale ametnikule , kes osaleb Eesti valitsuse poolt käimasolevas trialoogis antud teemal . Küsimuste korral palun lahkesti pöörduda ETFL juristi Indrek Teppo poole (
[email protected] ) +3725651908. Parimate koostöösoovidega , Marina Jõgi, ETFL president Asmik Tsaturjan, ETFL tegevjuht ( allkirjastatud digitaalselt ) Lisa: ECTAA kokkuvõtlik analüüs ja seisukoht PTD muudatustes