What does the law stipulate?
The internet makes it easy to book organised travel or compose your own trip. The type of travel you book will affect your rights, which is why you should know what type of holiday you are booking:
- What is a package travel arrangement?
- What is a linked travel arrangement?
- What is the difference between a package travel and a linked travel arrangement?
- What is not considered a package travel arrangement?
What is a package travel arrangement?
A package travel arrangement includes at least two of the following travel services:
- Accommodation
- Transport
- Car rental.
A combination of one of these travel services with another tourist service (e.g. a museum visit or ski pass) are part of a package travel arrangement if this tourist service:
- represents a considerable share of the total cost
- ·or is an essential characteristic of the trip.
Note: this tourist service must be booked prior to departure.
You must book these various travel services either simultaneously from the same sales outlet, or from different travel service providers via ‘interlinked online booking procedures’. This means that travel services booked separately via different websites also constitute a package travel arrangement if:
- you have booked a travel service and are referred to the website of another travel service provider to book a second travel service,
- your data (name, payment data and e-mail address) are passed on from the first to the second website,
- and you book the second travel service within 24 hours.
Note: The above three conditions must be met, otherwise it is potentially a linked travel arrangement.
What is a linked travel arrangement?
Did you book two travel services without your data being transferred from the first to the second website?
However, the trader assisted you:
- when you chose and paid for the travel services separately and one by one during a single contact moment (e.g. a visit to the shop, e-mail communications) with their retail outlet, or
- when you chose at least one additional travel service from another trader, which was booked within 24 hours of confirmation of the first travel service.
In that case it is considered a linked travel arrangement rather than a package travel arrangement.
Why is the difference between a package travel and a linked travel arrangement important?
If you booked a package travel arrangement you qualify for all the rights described in this section.
Did you book a linked travel arrangement? In that case you will only be protected if the reseller goes bankrupt. The rules pertaining to the establishment of an online contract remain in force.
Good to know: Before you book, the reseller of the linked travel arrangement must always inform you that you do not qualify for the rights that apply to package travel and that every travel service provider is responsible for the correct implementation of their own services. They must also notify you that you are protected in the event of their bankruptcy.
What is not considered package travel?
- A trip of less than 24 hours, unless it includes an overnight stay.
- Non-profit travel which is occasionally offered to a limited group of travellers (e.g. travel involving youth and sports organisations).
- Business travel subject to an agreement between two companies.