Collective Commentary about the New Package Travel Directive

The Implementation of Directive 2015/2302 in Dutch legislation: A reflection Nick de Leeuw 1 Judith Tersteeg 2 Frank Radstake 3 1. Introduction; 2. Looking back; 3. Implementation by the Dutch legislator; 4. Scope and definitions of the Directive; 4.1. Scope: business and pleasure?; 4.2. Definitions; 4.3. Who is the ‘organiser’ of a package?; 4.4. What is a package?; 4.5. New phenomenon: the Linked Travel Arrangements (LTA); 5. Information requirements; 6. Conformity/Force majeure; 6.1. Non-conformity and compensation; 6.2. Force majeure; 7. Guarantee fund(s); 8. Traveller’s right to terminate the agreement; 9. Conclusion. 1. INTRODUCTION Virtually everyone travels, to a greater or lesser extent, and it is something of all eras. The Netherlands had no statutory scheme governing travel agreements for a long time. It took until the early 70s (of the twentieth century) for a bill to be drawn up, embedded in the Transport Act drafted by H. Schadee 4 , which included a chapter on travel agreements. Only one other European country, France, did have a statutory scheme for travel agreements 5 . The International Institute for the Unification of Private Law (Unidroit) in Rome also worked on a draft treaty on travel agreements back in the 60s. In 1970, this resulted in a Diplomatic Conference in Brussels on travel agreements in which 48 countries 1 Lawyer at La Gro Geelkerken Advocaten in The Hague. 2 Lawyer at EMR Advocaten in Utrecht. 3 Policy Director ANVR (Consumer Affairs & Social Policy). 4 Also refer to Asser/Tjong Tjin Tai 7 IV 2018 no. 471. 5 Act of 19 March 1937.