Ruling on May 9, 2018
Authority: Court of Central Netherlands
Parties: Booker B.V. / Court of Central Netherlands
Subject: Scope Compulsory Decree and Collective Labour Agreement for the Social Fund, compulsory participation in the industry pension fund for the Travel Industry.
Summary of facts: Hotel Booker and Bungalow Booker operate online platforms where consumers can search and book hotel rooms and bungalows. Hotel Booker and Bungalow Booker require a declaration of law to the effect that they do not fall within the scope of the Obligation Decisions and are therefore not obliged to participate in the industry-wide pension fund for the Travel Industry. The Compulsory Representation Decree and the Collective Labour Agreement for the Social Fund stipulate, among other things, that an "(online) travel agent" is the person who, in the course of his business, mediates in reaching agreements in the area of travel in the broadest sense of the word, including agreements regarding transport, accommodation and package travel. Booker BV claims a declaratory judgment stating that it does not fall within the scope of application because it is not active in the travel sector as it only operates an online platform on which providers of accommodation can advertise their offer and that it therefore does not mediate between accommodation providers and accommodation-seekers.
Legal question: Do Hotel Booker and Bungalow Booker qualify as "(online) travel agents" as a result of which they fall within the scope of the Obligation Decree and the Collective Labour Agreement Social Fund, and are they therefore obliged to participate in the occupational pension fund for the Travel Industry?
Considerations: "Therefore, such a service meets the four cumulative conditions laid down in Article 1(1)(b) of Directive 2015/1535 and therefore, in principle, constitutes an ‘information society service’ within the meaning of Directive 2000/31".
Ruling: The claims of Booker BV to state that they do not fall within the scope of the Compulsory Representation Decree and are therefore not obliged to participate in the industry-wide pension fund for the Travel Industry are rejected. Booker BV thus falls within the scope of the Compulsory Provision Decree (and the Collective Labour Agreement Social Fund), and is therefore obliged to participate in the industry-wide pension fund for the Travel Industry.