Tourism Law in Europe

BELGIUM | OLIVIER DUGARDYN AND CARLA GHISLAIN 75 3.2.4. ORGANISER According to the Belgian Law of 2017, the organiser is: “a trader who combines and sells or offers for sale packages, either directly or through another trader or together with another trader, or the trader who transmits the traveller’s data to another trader in accordance with point (b)(v) of point 2”. As analysed above, the definition of package travel has been significantly broadened, which has important consequences for the notion of organiser. Indeed, since organisers are professionals who sell package travel, the two notions are undeniably linked and the broadening of the notion of package travel de facto broadens the notion of organiser. As mentioned above, it is no longer necessary to provide two out of three services in order to fall within the scope of package travel, but two out of four. Moreover, the new law includes six types of package travel and services can be booked with different providers without falling outside the scope of package travel. In fact, the mere fact that the original provider directs the traveller to another provider with data transfer is enough to shift the provider from the “light” liability regime of a linked travel arrangement to the much stricter liability regime of an organiser. As mentioned, in practice, many professionals do not realise that they are offering a service, which falls within the scope of package travel. For example, if a hotel offers a stay with a romantic dinner, this could be considered a package travel if, for example, the meal represents 25% of the total value of the stay, or if it is considered an essential feature of the stay by the traveller. Therefore, it can be seen that following the entry into force of the 2017 Law, almost all services can be included in the concept of package travel as long as they are not strictly isolated services. Thus, it becomes almost impossible for a service provider to offer a more “elaborate” service than a simple isolated service without falling under the very heavy liability regime of the travel organiser. The purpose of this extension of the concept of package travel and, therefore, also of the concept of organiser (since the sale of a package is the key element in qualifying a professional as an organiser) is undoubtedly to increase the protection of travellers, who now more often enjoy the extended protection regime imposed on organisers.

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