Legal Literature

Legal Literature Details
Member State Belgium
Title A fruitless journey: when does a traveller's claim lapse?
Type article
Author WYSEUR, B.
Reference D.A.O.R. 2015, 55-59
Publication Year 2015
Keywords court, travel

Package Travel Directive, Article 2, 4.

This article comments on a decision issued by the Belgian Supreme Court, which essentially states that only the actual travellers (natural persons) can be considered "traveller" in the sense of the Directive 90/314 and the Belgian implementation Act of 16 February 1994.

The author does not agree with this argument and mentions several counterarguments to state that even in case a company books a package travel (for example for its employees), it should be able to rely on the protection offered by the relevant legislation (including the statute of limitation).