What is the difference between a travel service, a linked travel arrangement and a package holiday? (law of 21/11/2017 on package travel)

The travel service

The law establishes 4 types of travel services:

1. passenger transport (e.g.: plane, train,…)
2. accommodation that is not an intrinsic part of passenger transport and that is not intended for residential use (e.g.: hotel)
3. rental of cars, motor vehicles or motorcycles (driving license category A)
4. any other tourist service that is not intrinsically part of one of the three other types of travel services (e.g.: ski pass; excursion; bicycle rental;…)

A traveler can purchase these travel services separately.

The package tour

As a first condition, the law states that at least two different types of travel services (see above) must be booked for the same trip/holiday.

For example: you book a plane trip, a hotel and a car rental for the same trip, together with a few excursions.

The second condition states that only one professional offers these travel services combined, or the travel services become (regardless of whether or not through different travel service providers):

1. either bought in one point of sale
2. either offered, sold or invoiced for 1 total price
3. either advertised or sold under the term “package tour” or similar term;
4. or combined after an agreement has been concluded (the traveler has the choice between a selection of travel services)
5. either purchased through different professionals, who use interconnected online booking procedures with data transfer and within which second agreement is concluded within 24 hours after confirmation of booking first travel service Note: simply referring to another website does not fall under “data transfer” and is therefore not covered point 5. The fields must actually be pre-filled (because your data has been passed on). This can sometimes be confusing and unclear, as your PC or smartphone also automatically completes your data.

Some exceptions: these are not package holidays:

• When 1 of the travel services mentioned under points 1, 2 and 3 of the abovementioned travel services is combined with a travel service as stated under point 4, this is not a package tour if the latter travel service

1. does not constitute a “substantial part of the value” (the guideline is 25%, but this is not binding).
2. was only purchased after the first travel service has already started

• It is also not a package tour if the trip lasts less than 24 hours, unless it includes an overnight stay. This is for example: a thalys train ticket and a visit to the Louvre
• Another exception is if it was sold incidentally, without profit motive and only to a limited group of travelers (e.g.: school trip or sports club).
• Finally, it is not a package tour if the travel services were purchased on the basis of a general agreement for arranging business trips.

The linked travel arrangement

This travel agreement is very similar to a package holiday. These are the conditions:

The traveler purchases at least 2 different travel services for the same trip or holiday, but these do not constitute a package holiday.

Separate agreements are concluded with different travel service providers. This can be done during one contact with a tour operator, whereby the traveler selects and pays for each travel service separately. This is also possible if the traveler purchases an additional travel service from another professional within 24 hours of purchasing the first travel service.