Collective Commentary about the New Package Travel Directive

676 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 8. Traveller’s right to choose in the event of a change – If a significant change has been made, the traveller has a right to choose within a specific and reasonable period, imposed by the organiser. They can either accept the change or cancel the package travel contract in its entirety, without having to pay cancellation charges. The amendment procedure, imposed by the European Directive, compels the organiser to inform the traveller of the proposed changes and to give the traveller a reasonable period of time in which they have to notify the organiser of their choice. They must also inform the traveller of the consequences of not notifying the organiser of their decision within the stated period. 9. Consequences of the traveller’s failure to respond within the time limit – Article 11 of the Directive stipulates that the consequences of the fact that a traveller has not made it clear, within a reasonable period, whether they accept the proposed change(s) or intend to cancel the agreement, should be laid down in national law. The Belgian legislator has opted for the automatic termination of a package travel contract in the event of a traveller not responding within the reasonable period proposed by the organiser 10 . So if a traveller, in Belgium, does not notify their choice within a reasonable period, imposed by the organiser, the package travel contract will be legally terminated, in accordance with Article 26 of the newTravel Law. Since Directive 2015/2302/EU has left it up to member states themselves to determine the consequences of a traveller belatedly exercising the right to choose, there is no harmonisation between member states in this respect. The consequences of this automatic termination of a package travel contract are particularly severe for both the organiser and the traveller. A traveller who, due to circumstances outside of his control, cannot individually approve a change request submitted by the organiser, will, as a result, be confronted with the cancellation of their holiday booking. E. Statute of limitations 10. Two year statute of limitations – The period in which claims can be submitted, in both the European Directive and the Belgian transposition law, is two years. This period starts from the date stipulated in the contract as the end of the package or linked travel arrangement. 10 Draft legislation concerning the sale of package holidays, linked travel arrangements and travel services, dated 21 November 2017, Parl. St. Kamer 2016-17, No. 2653/001, 40.