78 TOURISM LAW IN EUROPE 3.5. Obligations of the Organiser The organiser has multiple obligations, notably precontractual and contractual informational obligations. Nonetheless, we will give particularly emphasis the obligation regarding the execution of the travel contract. Indeed, the organiser has, as was the case under the previous law, an obligation of result. The organiser is responsible for the proper performance of the services included in the package travel. Article 33 of the 2017 Law states that: “The organiser shall be responsible for the performance of the travel services included in the package travel contract, irrespective of whether these services are to be performed by himself or by other providers of travel services”. The new Law of 2017 introduces the concept of “non-conformity”. As soon as the traveller notices a non-conformity during the performance of a travel service included in the package travel contract, the organiser must remedy it. The organiser is therefore liable as soon as the defect is noted by the traveller. The liability of the organiser can be described as strict liability since no fault has to be shown. The concept of non-conformity is dealt with in Articles 34 -40 of the new law. As it is the case for the retailer, the organiser has also the obligation to subscribe to insolvency insurance. This obligation to take out insurance is further explained in the Royal Decree of 29 May 2018 on insolvency protection in the sale of package travel, related travel services and travel services. From this text we can conclude that this insolvency insurance should cover two main cases: reimbursement of amounts for travel services which cannot be provided due to the insolvency of the professional; repatriation of travellers, where the performance of the contract with the professional has already begun and the contract provides for the transport of the beneficiary and, if necessary, accommodation pending repatriation. Once again, through this new obligation, the legislator is reiterating the desire to protect the traveller, notably in the context of the insolvency of his co-contractor. It should be noted, however, that the insolvency insurer will only intervene to reimburse the sums already paid by the traveller when the trip is cancelled due to the insolvency of its insured. Thus, if the cause of the cancellation is due to
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