To help operators keep their heads above water despite the halt in their activities, the Minister of the Economy, Nathalie Muylle (CD&V) had introduced a temporary derogation from the obligation to reimburse travelers for travel fixed price canceled, provided that the travel organizer gives a voucher of equal value to the traveler, valid for one year. This provision is contrary to European law, which guarantees the consumer’s choice between a refund or this famous voucher.
Belgium was therefore one of the dozen EU states which had until June 2 to comply with European law.
Belgium publicly announced the end of the measure on Thursday. “This measure was applicable from March 20, 2020 until June 19, 2020 inclusive. Vouchers could only be issued during this period. They had to meet strict conditions to protect travelers. They were forced to accept them, ”says the website of the FPS Economy. But since the borders are reopened between European countries, cancellations are now less recurrent.
Possibility of appeal
The modification of the Belgian system to bring itself into conformity “does not prevent that in the previous situation, we were in a situation of infringement”, all the same said Didier Reynders. The Commissioner also recalled that in Belgium, it was possible to initiate class actions via Test-Achats and that it will soon be possible to do so at European level, since legislation has just been approved to this effect this week.
And despite the Belgian legislation in force three months on package travel, consumers who have been injured during this period should win their case. “Clearly, but I cannot speak for justice, if consumers go to court, we will remember that it is European law that is applicable, so normally this Belgian measure, or other, should be discarded “Said Didier Reynders.
In the coming days, “logically we will propose to go to the Court of Justice of the EU” for the States still in breach.
–
– .
Related