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Case Details

Case Details
National ID link
Member State Belgium
Common Name link
Decision type Court decision in appeal
Decision date 08/05/2012
Court Court of Appeal Brussels
Subject
Plaintiff TOTAL Belgium NV
Defendant Multiservice Reizen NV and H.
Keywords travel

Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5.

A package travel contract, concluded between an entity which is not the actual traveller, and the travel organizer, falls under the scope of the rules set out in Directive 90/314 (and the Belgian Act of 16 February 1994 which implements this Directive).
Defendant periodically organized, as a travel organize, incentive business trips for the plaintiff. After a certain time, a discussion arose between the parties and they ended up before court for unpaid invoices. Whereas plaintiff invoked the protection provided by the provisions set out in Directive 90/314 (implemented into Belgian law in the Act of 16 February 1994), the defendant stated that this Directive/Act cannot be applied as the contract was concluded between two corporate entities, and not between a traveller (natural person) and the travel organizer.
According to the court, the definition of traveller, as set out in the Directive/Act, is sufficiently clear to determine that the travel contract must not be concluded by the traveller itself. It suffices that the contract is concluded to the benefit of the traveller.
Does a package travel contract, concluded between an entity which is not the actual traveller, and the travel organizer, fall under the scope of the rules set out in Directive 90/314 (and the Belgian Act of 16 February 1994 which implements this Directive)?
Full Text: Full Text
Member State National ID Common Name Directive Articles Decision Date
Belgium C.12.0617.N link Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5. 15/05/2014

No results available

The court ruled that the rules on package travels should be applied to the case at hand.