Article 7:500 Dutch Civil Code, Book 7

For the purposes of this Title, the following definitions apply:

1. travel service: a service relating to:

   1. the carriage of passengers;

   2. accommodation which is not intrinsically part of the carriage of passengers and which is not intended for residential purposes;

   3. the rental of cars, other motor vehicles within the meaning of Article 3, point 16, of Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ 2018, L 151), or motorcycles requiring a category A driving licence in accordance with Article 4(3)(c) of Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006 on driving licences (OJ, L 403);

   4. any other tourist service which is not intrinsically part of a travel service within the meaning of points i), ii) or iii);

2. package: a combination of at least two different types of travel services for the purpose of the same trip or holiday, if:

   1. those services are combined by one trader, including at the request of or in accordance with the selection of the traveller, before a single contract covering all services is concluded; or

   2. irrespective of whether separate contracts are concluded with individual travel service providers, those services are:

      1. purchased from a single point of sale and selected before the traveller agrees to pay;

      2. offered, purchased or invoiced at an inclusive or total price;

      3. advertised or purchased under the term «package» or a similar term;

      4. combined after the conclusion of a contract by which the trader allows the traveller to choose from a selection of different types of travel services; or

      5. purchased from different traders through linked online booking processes, where the traveller's name, payment details and e-mail address are transmitted by the trader with whom the first contract is concluded to another trader or traders and a contract is concluded with the latter trader or traders no later than 24 hours after the confirmation of the booking of the first travel service;

      unless not more than one type of travel service as referred to in subparagraph (a)(i), (ii) or (iii) is combined with one or more other tourist services as referred to in subparagraph (a)(iv) which:

      1. do not account for a significant proportion of the value of the combination, are not advertised as an essential feature of the combination or do not otherwise represent an essential feature of the combination; or

      2. are selected and purchased only after the performance of a travel service has started;

3. package travel contract: a contract covering the package as a whole or, if the package is supplied under separate contracts, all contracts covering the travel services which form part of the package;

4. start of the package: the beginning of the performance of the travel services covered by the package travel contract;

5. linked travel arrangement: at least two different types of travel services purchased for the purpose of the same trip or holiday, not constituting a package and for which separate contracts are concluded with individual travel service providers, where a trader:

   1. facilitates, on the occasion of a single visit to or contact with its own point of sale, the separate selection and separate payment of each travel service by the traveller; or

   2. facilitates in a targeted manner the purchase of at least one additional travel service from another trader where a contract with that other trader is concluded no later than 24 hours after the confirmation of the booking of the first travel service;

      unless not more than one type of travel service as referred to in subparagraph (a)(i), (ii) or (iii) and one or more other tourist services as referred to in subparagraph (a)(iv) are purchased and the latter services do not account for a significant proportion of the combined value of the services, are not advertised as an essential feature of the trip or holiday and do not otherwise represent an essential feature of the trip or holiday;

6. traveller: any person who wishes to conclude a contract on the basis of this Title or who is entitled to travel on the basis of a contract concluded on the basis of this Title;

7. trader: any natural person or any legal person who, in relation to contracts covered by this Title, acts, including through any other person acting in its name or on its behalf, in the context of its trade, business, craft or professional activity, irrespective of whether it acts as organiser, retailer, trader facilitating a linked travel arrangement or travel service provider;

8. organiser: a trader who combines packages and offers them, either directly or through or together with another trader, or the trader who transmits the traveller's data to another trader in accordance with subparagraph (b)(ii), 5°;

9. retailer: a trader other than the organiser who offers packages combined by the organiser;

10. establishment: the actual pursuit of an economic activity as referred to in Article 43 of the Treaty establishing the European Community by a service provider for an indefinite period and through a stable infrastructure from where services are actually provided;

11. durable medium: any instrument which enables the traveller or the trader to store information addressed to that person personally in a way that makes the information accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

12. unavoidable and extraordinary circumstances: a situation which arises independently of the will of the party relying on it and the consequences of which could not have been avoided despite all reasonable precautions;

13. non-conformity: the failure to perform, or the improper performance of, the travel services which form part of a package;

14. minor: a person under the age of eighteen;

15. point of sale: any retail premises, whether movable or not, or a retail website or similar online sales platform, including where retail websites or online sales platforms are presented to travellers as a single platform, including a telephone service;

16. repatriation: the return of the traveller to the place of departure or to another place agreed by the parties concluding the contract;

17. Directive (EU) 2015/2302: Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Directive 90/314/EEC of the Council (OJ, L 326).