Collective Commentary about the New Package Travel Directive
BELGIUM | ILSE MEYERS 681 sector. It is officially recognised and supported by the Federal Government Department for Economic Affairs and subsidised by the Federal Public Service for Justice. The Travel Arbitration Committee is recognised as a qualified entity for extrajudicial dispute resolution by the FGD for Economic Affairs in accordance with Book XVI of the Code of Economic Law. One of the main characteristics of a Qualified Entity is that disputes must be settled within 90 days 20 . 22. Two procedures – The TAC offers two procedures. On the one hand, parties can call upon the Reconciliation Cell to try and settle several travel disputes amicably, as early as possible in the proceedings. Furthermore, an Arbitration Cell was set up to try and settle disputes between travellers, on the one hand, and retailers and/or organisers, on the other hand. 23. TAC Arbitration Cell – The arbitration college applies the regulations of consumer law in general and of the newTravel Law in particular. The arbitration verdict is final, of last instance, and binding for both parties. Because its procedures cover short periods, the Travel Arbitration Committee is also the first instance to interpret the new Law. Interpretation issues relating to the new Travel Law will be legally dealt with by the arbitrators. Ordinary courts often refer to Arbitration judgements to interpret the new Travel Law, when confronted with a dispute concerning a package travel contract, travel service agreement or linked travel arrangement. Therefore, it is of the utmost importance that all the chairs of arbitration colleges and all arbitrators should be totally familiar with the new legislation. The TAC monitors this and organises workshops and training about the new Travel Law at various intervals. 24. New general terms and conditions – In 2018, the TAC compiled new general terms and conditions following the Law dated 21 November 2017, pertaining to package travel, linked travel arrangements and other travel services. These general terms and conditions must be observed by members of professional associations affiliated to the TAC. The general terms and conditions consist of three parts comprising conditions relating to every type of sale. For example, there are general terms and conditions for package travel contracts, 20 www.clv-gr.be .
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