502 TOURISM LAW IN EUROPE In the Netherlands, the most important legislation in the field of travel law is the Package Travel and Linked Travel Arrangements Directive Implementation Act6. The law entered into force on 1 July 2018 and applies to travel agreements concluded from that date. For the general aspects of contract law that are not regulated by this Act, the provisions of the law of obligations as regulated in Book 6 and some chapters of Book 7 of the Dutch Civil Code apply. Think of the provisions regarding the establishment, validity, and consequences of the travel agreement. In Book 8 of the Dutch Civil Code, we find the rules that apply on transport of passengers by train, touring cars, boats and air beside the European Regulations. In this contribution, we pay specific attention to the way in which consumers are protected against financial insolvency of the travel company, because this is an aspect that was already well established in the Netherlands before this protection was included as an obligation in the (old) Package Travel Directive7. From the beginning of 2020, the corona pandemic will control the global travel industry. We briefly discuss the consequences and the most important legal lessons that can be learned from this crisis. 2. PACKAGE TRAVEL AND LINKED TRAVEL ARRANGEMENTS 2.1. Looking back When the first European Directive on Package Travel 90/314/ EEC8 was adopted in June 1990, a new Dutch Act, inspired by the Directive, was introduced, which took effect on 31 December 19929. Back then, Member States had significant rights to deviate from the Directive. We will discuss below that the Netherlands did so on the main sections, which resulted in a long period of uncertainty as to whether Dutch legislation was in line with the Directive. 6 Act of 6 December 2017 amending Book 7 of the Civil Code, the Consumer Protection Enforcement Act and any other laws in connection with the implementation of Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council, and repealing Council Directive 90/314/EEC (OJEU, L 326) (Implementation Act Package Travel and Linked Travel Arrangements Directive) 7 Council Directive 90/314/EEC 8 Directive of the Council of 13 June 1990 on package, travel including package holidays, and package tours (90/314/EEC). 9 GG 1992, 689.
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