The Brussels Convention of 23 April 1970, brought into force by Law no. 1084 of 27 December 1997 which provides the rules on the travel contract in a double kind, contract of tour operator and contract of travel intermediary does not require that one of the contractual party is the traveller-customer.
Whilst the notion of organiser and travel intermediary (as the habitual exercise of organising and intermediating in travel contracts) presents some problems of qualification because it is not associated with the requirement of the professional activity, the tour operators and the travel intermediaries have been interpreted to be entrepreneurs.
According to Art.17 by which each contract concluded by the travel intermediary is considered as concluded by the traveller, the travel intermediary has been interpreted as an agent with representation.
That interpretation grants the intermediary from the non fulfilment of the travel operator, for which he is liable only for negligence of professional care, while the traveller can pursue remedies directly against the travel operator.
Consequently, if the legal effects of the contractual negotiation are transferred from the intermediary to the traveller, the Brussels Convention shall be applied even to a contract between tour operators and travel intermediaries.