Collective Commentary about the New Package Travel Directive

BELGIUM | ILSE MEYERS 673 of travel services were included in the Law dated 21 November 2017, under a separate Heading 5. 2. No standard information form for the sale of travel services –The European Directive and, consequently, also the Belgian transposition law considerably extend the duty to provide information to the traveller during the pre-contractual phase 2 . The organiser and retailer of a package (if sold through a retailer) must provide standard information to the traveller through a standard information form specifically used for this purpose. Travellers must be in possession of the standard information form before a binding agreement is in force. This form should provide the traveller with the necessary clarity to enable them to enter into a travel agreement in full knowledge of the facts 3 . Similar to package travel contracts, the legislator also stipulates a standard information form for linked travel arrangements, in which the traveller is informed, unequivocally and understandably, of any legally defined pre- -contractual information, before entering into an agreement. The standard information form is used to inform travellers that a linked travel arrangement, rather than a package, is being booked, that no claim can be made on any rights applicable to packages, that the relevant travel service providers are responsible themselves for the correct implementation of their travel services, and that protection against insolvency is limited 4 . Belgium applies a broader scope than stipulated in the European Directive by adding the sale of individual travel services by an organiser or retailer, who is acting as an intermediary. Although the Belgian legislator imposes a duty of providing information upon any professional who sells individual travel services as an intermediary, it has omitted to put together a separate standard information form to cover these travel service agreements. Article 71 of the new Travel Law stipulates that the duty of providing the information referred to in Book VI of the Code of Economic Law (CEL) is an 2 Draft legislation concerning the sale of package travel, linked travel arrangements and travel services, dated 21 November 2017, Parl. St. Kamer 2016-17, No. 2653/001, 27. 3 Ibid . 4 Draft legislation concerning the sale of package travel, linked travel arrangements and travel services, dated 21 November 2017, Parl. St. Kamer 2016-17, No. 2653/001, 58.