Collective Commentary about the New Package Travel Directive

BELGIUM | ILSE MEYERS 685 under singular title does require approval from the other party in the common law. The transfer of a package travel contract must be qualified as a contract transfer under a singular title. 30. Financial failure insurance – Belgium has exceptionally stable and well- -organised insolvency insurer systems. These insolvency systems have supported numerous clients, in the past, in the event of an organiser’s or retailer’s insolvency. When the newTravel Law took effect, insolvency insurers were also faced with several changes. The Royal Decree, dated 29 May 2018, pertaining to protection from insolvency with the sale of package travel, linked travel arrangements and other travel services, describes the format and conditions that the guarantees described in the Law dated 21 November 2017 must comply with. 31. Royal Decree dated 29 May 2018 24 – The Royal Decree extends the insurance cover, in the event of insolvency, as insurance companies must now also cover the refund of travel services that cannot be provided as a result of a professional operator’s insolvency. 32. Additional condition of cover – Insurance cover must also be unlimited in Belgium. Belgian companies must consequently insure their total turnover at risk. As from now, regarding travel services which have not been delivered must be refunded, the amount at risk to be insured is higher. Therefore, the guarantees that travel companies must provide are also more extensive. Recital 40 in Directive 2015/2302/EU already qualifies the limit of the overcalculation of the risk. In some cases, the guarantee for refunds may be limited 25 . Nowadays, travel companies actually have the option to take out insurance cover outside their member state, which is a positive development for travel companies with cross border operations. B. Cross border interpretation issues 33. General – Because Directive 2015/2302/EU and, consequently, also the national transposition law are riddled with vague concepts and confusing definitions, different Member States use different interpretations. 24 Royal Decree dated 29 May 2018, pertaining to protection from insolvency with the sale of package travel, linked travel arrangements and travel services, BS 11 June 2018, 48.438. 25 Directive 2015/2302 of the European Parliament and the Council of 25 November 2015, on package travel and linked travel arrangements, Pb.L . 11 December 2015, L326/7.