Collective Commentary about the New Package Travel Directive

686 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Each member state will consequently interpret the following issues differently, which results in legal uncertainty: 34. Package travel combined with other package and additional travel services – Belgian travel agents frequently sell packages consisting of a package travel from an organiser supplemented by an additional travel service, in accordance with Article 2, 1° of the new Travel Law. A typical example relates to a travel agent who sells an existing package (flight and hotel) provided by an organiser, to which they add a travel service, e.g. hiring a car. Does this make the travel agent an organiser? In other words, does the inclusion of an additional travel service in an existing package result in a new package travel contract? The Belgian government has decided that this does constitute a new package travel contract, making the travel agent a new organiser. From the customer’s point of view, this approach is quite clear. The traveller has in fact purchased a personalised package from the travel agent. Other Member States could consider this case following the wording of the definition of a package 26 . Both Directive 2015/2302/EU and the Belgian transposition law describe the basis of a package as a combination of two different types of travel services. A package is not one of the four types of travel services, which means that the combination of a package with an additional travel service might not be interpreted as a new package travel contract in accordance with the literal wording of the law. This interpretation would potentially lead, in our example, to the sale’s not consideration as a new package, but as a dual sale of a package and an individual travel service. In the event of non-conformity concerning an individual travel service the traveller would then be left out in the cold. 35. General agreement for a business trip – Neither Directive 2015/2302/EU, nor the Belgian transposition law and/or the parliamentary preparation explain exactly what a general or framework agreement is, and which conditions or methods/procedures they should include. The approach to the terms and conditions of a general agreement will be different in each member state. Undoubtedly, it will become easier, for some Member States, to incorporate all business trips into a general agreement, which means that the package travel 26 Art. 2° of the Law pertaining to the sale of package travel, linked travel arrangements and travel services dated 21 November 2017, BS 1 December 2017, 106.673: “the combination of at least 2 different types of travel services for the same trip or holiday”.