Travel right - Reisrecht

WARNING: Due to the outbreak of the infectious disease COVID-19 (see coronavirus pandemic), caused by the virus SARS-CoV-2, also known as coronavirus, there are travel restrictions worldwide. It is therefore of great importance to follow the advice of the official bodies of Belgium and Netherlands to be consulted frequently. These travel restrictions may include travel restrictions, closure of hotels and restaurants, quarantine measures, being allowed to be on the street for no reason and more, and can be implemented with immediate effect. Of course, in your own interest and that of others, you must immediately and strictly follow government instructions.

This article is a topic.

Travel law is the part of the law that relates to passenger rights. Here you will find a complete list of all national and international regulations that apply to travel by air, rail, road and water.

In the Netherlands it is mainly Regulation (EC) 261/2004 known. This Regulation stipulates that, subject to certain conditions, travelers are entitled to financial compensation if their flight is delayed or cancelled. In Article 11.15 of the Aviation Act the enforcement of the Regulation is entrusted to the State Secretary for Infrastructure and the Environment. This means that the General Administrative Law Act (Awb) applies, including the so-called duty of principle to enforce. If an airline wrongly refuses to pay the passenger compensation in the event of a flight delay or a flight cancellation, then there is a offence within the meaning of Article 5:1 of the Awb. In that case, the State Secretary is obliged to application of the injured traveller, to have the violation brought to an end, by imposing a burden under administrative coercion.

In the Netherlands, the main stakeholders (State Secretary, airlines, Consumers' Association) have created a situation in which the traveler is wrongly forced to turn to the subdistrict court to enforce his right to financial compensation. Despite various attempts by members of the House of Representatives, among others, this abuse has not been broken to date.