Collective Commentary about the New Package Travel Directive

678 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE G. Conclusion Notwithstanding the maximum harmonisation principle, the European Directive gave Member States various options, which means that travellers who book a package contract abroad may be confronted with differences in regulations. This has an impact on legal certainty and makes cross border operations more difficult for companies working in the travel sector. PART 2. GUIDELINES FORMULATED BY THE ADMINISTRATION OF THE FEDERAL PUBLIC SERVICE ECONOMY AND OTHER INITIATIVES TO CLARIFY THE TRAVEL LAW A. Introduction 14. Directives 90/314/EEG and 2015/2302/EU – Directive 2015/2302/EU intended to adapt the legal framework of Directive 90/314/EEG of the Council, dated 13 June 1990, pertaining to package travel contracts, to the changes in the operation of the travel market that have occurred since the approval of Directive 90/314/EEG. Directive 2015/2302/EU aims to update the extent of traveller protection to reflect recent developments relating to new booking channels and bespoke travel and to increase transparency and legal certainty 15 . On the one hand, the European Directive widens the scope of application by including linked travel arrangements as well as packages and by extending the definition of a package. On the other hand, the European Directive aimed to achieve maximum harmonisation based on the level playing field principle, with the right balance between a high level of protection for the traveller and fair competition opportunities for businesses 16 . The definition of a package was extended in order to introduce greater legal certainty. The new regulations define the concept of a package based on criteria that primarily relate to the way in which the travel services are offered or purchased, and on the strength of which travellers can rightfully expect to be protected 17 . 15 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, 5. 16 P. NELISSEN GRADE and I. MEYERS, De Reiswet (The Travel Law) 21 November 2017 , Mechelen, Wolters Kluwer, 2019, 6. 17 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, 14.