Collective Commentary about the New Package Travel Directive

672 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE The Belgian legislator transposed the Directive in the Law dated 21 November 2017, on the sale of package travel, linked travel arrangements and travel services. Belgium closely observed the wording of the Directive concerning maximum harmonisation. However, the Belgian Government also organised several meetings with stakeholders in the sector concerning any inherent exceptions. In fact, the European Directive left several options opened for the Member States to decide upon themselves. These options are listed in Part 1. Part 2 focuses, more specifically, on activities developed by the Belgian legislator, in conjunction with the travel sector and consumer organisations, and on other initiatives already initiated, in relation to the new legislation. The third and final part demonstrates that, despite various initiatives to explain the new Travel Law, many questions and a degree of confusion still remain in the day to day practical applications. PART 1. BELGIAN LEGISLATOR’S OPTIONS WITH RESPECT TO THE TRANSPOSITION OF DIRECTIVE 2015/2302/EU A. Scope 1. Sale of individual travel services – Whilst Directive 2015/2302/EU applies to packages and linked travel arrangements, the Belgian legislator has also included the sale of single travel services in the new Travel Law, at the request of almost all stakeholders, in both the travel sector and amongst consumers. This is in sharp contrast with the transposition legislation in other European countries, which does not accommodate this extension. Belgium consequently applies this more widely than stipulated in the European Directive, due to the fact that the former Belgian Travel Contract Law, dated 1994, also included the sale of individual travel services. The sale of individual travel services was defined as a travel mediation agreement. Had this definition been abolished, in the new Travel Law, the protection provided to travellers would have been restricted. This three-part classification of the application of the new Travel Law has a far-reaching impact on travellers’ rights. Because a traveller who buys an individual travel service (stand-alone contract), from an organiser or retailer who is acting as an intermediary, must be fully informed and also be protected in the event of the organiser’s or retailer’s insolvency. The purchase of an independent travel service must, however, not be recorded as a package or linked travel arrangement. The stipulations pertaining to the sale