Collective Commentary about the New Package Travel Directive

BELGIUM | ILSE MEYERS 679 15. Shortcomings and lack of clarity – However, the definitions in Directive 2015/2302/EU contain poorly chosen and vague legal concepts that will inevitably result in interpretation issues. Because of the maximum harmonisation rule, Member States could not deviate from the bewildering definitions and vague concepts in the European Directive. This means that these shortcomings are also embedded in Belgian legislation and still cause considerable uncertainty, leading to confusion and interpretation issues. Neither travellers nor professionals are aware of what kind of contract they are entering into, which leads to legal uncertainty concerning compliance with information duties, liability when implementing an agreement and so forth. For instance, Europe provided a particularly vague definition of a linked travel arrangement. By describing what the concept does not incorporate, Europe has published a negative definition, and it remains mostly unclear what exactly a linked travel arrangement actually comprises 18 . 16. Guidelines for Belgian legislation – The Belgian legislator is aware of the confusion and interpretation issues associated with the new Travel Law and has invited stakeholders to attend several consultation meetings to plan the practical implementation of the Law, make it clear and explain, to the sector, how the legislation can best be complied with.This has resulted in 2 different Guidelines 19 . B. Guidelines: Law dated 21 November 2017 pertaining to the sale of package travel, linked travel arrangements and other travel services 17. General – In these guidelines, the Administration has first highlighted the main definitions, following explaining the principles of the law and its practical applications in detail. 18. Missed clarification opportunity – The definitions in the Belgian Law use examples for its explanation. Ultimately these examples appear to be the same as those used in the preliminary considerations for the European Directive, not adding anything to make the law more easily understandable. This was a missed opportunity for the Belgian legislator to make the definitions more comprehensible and easier to put into practice. 18 P. NELISSEN GRADE and I. MEYERS, De Reiswet (The Travel Law) 21 November 2017 , Mechelen, Wolters Kluwer, 2019, 7. 19 Guidelines FGD for Economic Affairs Law, dated 21 November, pertaining to the sale of package travel, linked travel arrangements and other travel services.