Collective Commentary about the New Package Travel Directive

NETHERLANDS | NICK DE LEEUW | JUDITH TERSTEEG | FRANK RADSTAKE 1061 In accordance with Article III(A) of the Implementing Act of 6 December 2018 41 , the Netherlands Authority for Consumers and Markets (ACM) has been appointed as the central point of contact within the meaning of Article 18(2) of the Directive. This article states that in order to facilitate the supervision on (travel) organisers, Member States must appoint central point of contacts, and that these contacts will share the contact details with all other Member States and the Commission. The ACM is also charged with the supervision of compliance with the obligation of the travel organiser to provide security in case of financial incapacity (refer to Article III(b)(c) of the Act of 6 December 2018). The ACM website has a page called: “Is the travel provider a member of a guarantee fund?” . This page states that you can check one of the four listed websites if you want to know whether a travel provider is a member of a guarantee fund. The four guarantee funds listed on this page are SGR (Stichting Garantiefonds Reisgelden: the oldest and most well-known guarantee fund), GGTO (Garantiefonds voor Gespecialiseerde Touroperators), STO (Stichting Take Over) and HISWA (Brancheorganisatie voor de watersportindustrie) Boekingsgarantie. The page also notes that if a travel provider is not a member of one of these guarantee funds, this travel provider may have taken “ other measures ” in case of bankruptcy. Apparently, the consumer (traveller) must ask the travel provider about this and assess whether sufficient guarantees are offered. We believe that this position in respect of the traveller means that the Netherlands, as a Member State, does not properly implement the obligation imposed by the Directive. This does not fulfil the requirement of Article 18(3) based on which the ACM, as the central point of contact, must keep a publicly accessible overview of the entities that ensure protection in case insolvency for specific organisers established in their territory. If the organiser has not taken any other measures, which apparently must be assessed by consumer himself, this can be reported to the ACM. The ACM is pursuant to Article 2.2 of the DCPEA 42 charged with the supervision of compliance by the trader within the meaning of Article 7:500(g) 41 Act of 6 December 2018, amending Book 7 of the Dutch Civil Code, the Dutch Consumer Protection Enforcement Act, and any other acts related to the implementation of Directive (EU) 2015/2302 of the European Parliament and the Council of 25 November 2015 on package travel and linked travel arrangements, amending Directive 2006/2004 and Directive 2011/83/EU of the European Parliament and the Council, revoking Directive 90/314/EEC of the Council (PbEU, L326) (Implementing Act Directive on package travel and linked travel arrangements). 42 Dutch Consumer Protection Enforcement Act (of 23 February 2006 on rules governing organisations responsible for the enforcement of legislation on consumer protection).