Collective Commentary about the New Package Travel Directive

1216 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Article 7 1. The travel document shall be prima facie evidence of the terms of the contract. 2. A breach by the travel organizer of the obligations incumbent upon him under Articles 5 or 6 shall affect neither the existence nor the validity of the contract which shall remain subject to this Convention. The travel organizer shall be liable for any loss or damage resulting from such breach. Article 8 Unless the parties agree otherwise, the traveller may substitute another person for the purpose of carrying out the contract provided that such person satisfies the specific requirements relating to the journey or sojourn, and that the traveller compensates the travel organizer for any expenditure caused by such substitution, including non- -reimbursable sums payable to third parties. Article 9 The traveller may at any time cancel the contract in whole or in part, provided he compensates the organising travel agent in accordance with domestic law or the provisions of the contract. Article 10 1. The travel organizer may, without indemnity, cancel the contract, in whole or in part, if before the contract or during its performance, circumstances of an exceptional character manifest themselves of which he could not have known at the time of conclusion of the contract, and which, had they been known to him at that time, would have given him valid reason not to conclude the contract. 2. The travel organizer may also, without indemnity, cancel the contract if the minimum number of travellers stipulated in the travel document has not been reached, provided the traveller has been informed thereof at least fifteen days before the date on which the journey or sojourn was due to begin. 3. In event of cancellation of the contract before its performance, the travel organizer shall refund in full any payments received from the traveller. In the event of cancellation of the contract during its performance, the travel organizer shall take all necessary measures in the interest of the traveller; furthermore, the parties shall compensate each other in an equitable manner.