Collective Commentary about the New Package Travel Directive

The transposition of the Package Travel Directive in Belgium – some Belgian peculiarities Olivier Dugardyn 1 1. Introduction; 2. Where does the Belgian Law deviate from the PTD?; 3. Matters in the PTD left to the discretion of national legislators; 4. About the insolvency protection; 5. About the precontractual and contractual information duty; 6. Conclusion. 1. INTRODUCTION 1. Belgium has transposed the Directive on Package Travel and Linked Travel Arrangements 2 (hereinafter the “Package Travel Directive” or “PTD”) in its national legal order by the Law on the sale of package travel, linked travel arrangements and travel services of 21 November 2017 3 (hereinafter the Law of 21 November 2017), which entered into force on 1 July 2018. The law is applicable to travel contracts concluded from that date onwards. The Law of 21 November 2017 replaces the old Law of 16 February 1994, and is a “stand-alone” piece of legislation, in the sense that it has not been integrated in the Belgian Civil Code or in the Code of Economic Law, as is the case in some other Member States. 2. Initially, the PTD was poorly received in Belgium, both by the travel industry and consumer associations. For instance, the definitions of “packages” and the 1 Partner at Dugardyn & Partners law firm Brussels and Auxiliary Justice at the Brussels Court of Appeal and the Belgian Market Court. olivier.dugardyn@d-lawfirm.be. 2 Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC. 3 In an English version: https://ec.europa.eu/info/sites/info/files/law_on_the_sale_of_package_travel-_lta_ and_travel_ services_be_en_0.pdf.