Collective Commentary about the New Package Travel Directive

BELGIUM | ILSE MEYERS 675 B. Right of withdrawal 5. No right of withdrawal – With off-premises contracts, Member States were entitled to stipulate that a traveller has the right to withdraw from a contract within 14 days, without having to provide a reason. Following Article VI.73, 12° of the Code of Economic Law, which applies to all agreements entered into off- -premise, the Belgian legislator has opted not to incorporate the right of withdrawal into agreements of this kind 8 . C. Liability 6. Organiser – Directive 2015/2302/EU made it clear that the organiser is responsible for providing the travel services included in a package travel contract, but gave Member States the option to introduce a provision subject to which the retailer is also liable for implementing the package. The Belgian legislator has not adopted this right of option and, under the principles incorporated in the Travel Contract Law, dated 1994, has left the liability for the provision of the travel services included in a package travel contract solely with the organiser. D. Amendment of other contract terms and conditions 7. Amendment procedure – The European Directive and, consequently, also the Belgian transposition law state that the organiser cannot unilaterally change the stipulations of the package travel contract, prior to the start of the package, unless they have reserved this right in the agreement or it involves a minor amendment, and they have informed the traveller accordingly using a durable medium. If the organiser wants to make a significant change in the travel contract after the package travel agreement has been completed and before the traveller’s departure 9 , they must observe the amendment procedure by which they inform the traveller of the proposed change(s). 8 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, 42. 9 Art. 3.3° of the Law pertaining to the sale of package travel, linked travel arrangements and travel services, dated 21 November 2017, BS 1 December 2017, 106.678: significant changes apply in the following three instances: (1) if the organiser wants to significantly change one of the main characteristics of the travel services referred to in article 5, §1, 1°, (2) if the organiser is unable to comply with the traveller’s special requirements, (3) if they propose to increase the cost of the total package holiday by more than 8%.