INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW 5. LANGUAGE TRAVEL PROGRAMS What kind of services are combined in those language-travel-programs? Usually language travel providers combine a language course abroad with an accommodation and some leisure activities. We will pick out only the most common combination which is also the most interesting from a legal perspective: language course plus accommodation. One could initially assume this combination should represent package travel. However, when taking a closer look, this is not convincing given that both services can be subject to legal exceptions and therefore do not fall within the scope of package travel law. We will highlight the language course first and then move on to accommodation. 5.1. Language Course The question here is: Can an educational service such as a language course be defined as an “other tourist service” within the meaning of package travel law and therefore constitute a travel service? This has not yet been finally clarified by the highest courts. We will see how these questions intensify when only short- -term language courses are involved. 5.1.1. Legal definition of language course? What is the legal definition of a language course? German lawyers say: “A look at the law expands legal knowledge!” But if we do so, we will find no legal definition of the term “other tourist services” in the Package Travel Directive. Recital (18) of the Directive just provides some examples for services, which can be considered “other tourist services”: concert tickets, events, excursions, tours or spa treatments. What is missing? Of course, services of educational character. This does not mean, that educational services can never be „other tourist services“, but it is peculiar that none of these examples represent a service of educational nature such as a language course. 5.1.2. Case law on educational services Can case law provide clarity? We only have one relevant court decision in the field of educational travel: it is the Judgment of the Court of Justice of the European Union (CJE) and its case “AFS Intercultural Programs Finland” (AFS – Fifth Chamber 1999). It is a quiet old judgement, but it is very helpful in classifying language travel and educational, because:
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