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)?

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Sorted by Member State National ID Common Name Directive Articles Decision Date ▼

Member State: Belgium National ID: C.12.0617.N Common Name: link Directive Articles: Package Travel Directive, Article 2, 4. Package Travel Directive, Article 2, 5. Decision Date: 15/05/2014

Belgium

C.12.0617.N

link

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

Thu May 15 00:00:00 CEST 2014

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