LEGAL FRAMEWORK FOR LANGUAGE TRAVEL PROVIDERS 6. SUMMARY All this shows that “just because it says package travel doesn’t mean it is package travel!” and it can be summarized as 1. There are legal pitfalls in classifying travel services when drafting terms and conditions 2. Educational services are not always considered “other tourist services”. 3. Accommodation in the context of educational travel is not always for tourist purposes but can also be for residential purposes. In one sentence: There are good arguments not to apply package travel law to most products of language travel providers. In this context it should be highlighted that it is a pleasant circumstance that both services usually provided by language companies are affected by presumptive exclusions. This makes the final evaluation easier: If accommodation is for residential purposes, no more evaluation of the language course is needed and vice versa. 7. PRACTICAL ADVICE First of all, language travel providers should take to chance and declare, where possible, the termination of insolvency insurance contracts and check if they can save a lot of money. In this way, companies can prevent paying insurance fees for years ending without insurance coverage in case of insolvency. In the absence of clear case law, the companies have some leeway and shout take advantage of this opportunity. But they should always check the services provided of their language travel clients double and twice, as there are so many different combinations. If it makes sense, they can try to restructure their products into or out of a package, whichever they prefer, by adding or removing service components. Last but not least, lawyers should try to play a role in shaping the law and exchange information, experience and case law at an international level.
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