Collective Commentary about the New Package Travel Directive

1218 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE Article 15 1. Where the travel organizer entrusts to a third party the provision of transportation, accommodation or other services connected with the performance of the journey or sojourn, he shall be liable for any loss or damage caused to the traveller as a result of total or partial failure to perform such services, in accordance with the rules governing such services. The travel organizer shall be liable in accordance with the same rules for any loss or damage caused to the traveller during the performance of the services, unless the travel organizer proves that he has acted as a diligent travel organizer in the choice of the person or persons performing the service. 2. Where the rules referred to in paragraph 1 do not provide for a limitation of liability, compensation payable by the travel organizer shall be set in accordance with Article 13, paragraph 2. 3. In so far as the travel organizer has paid compensation for loss or damage caused to the traveller, he shall be subrogated in any rights and actions the traveller may have against a third party responsible for such loss or damage. The traveller shall facilitate the recourse of the travel organizer by providing him with the documents and information in his possession and, as the case may be, by assigning his rights to him. 4. The traveller shall have a right of direct action against a responsible third party, for total or complementary compensation of the loss or damage caused to him. Article 16 The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel organizer or persons for whom the latter is responsible under Article 12 as a consequence of non-compliance with the obligations incumbent upon him under this Convention or under contracts subject thereto, wrongful acts or default being assessed having regard to a traveller’s normal behaviour. CHAPTER IV INTERMEDIARY TRAVEL CONTRACT Article 17 Any contract concluded by a travel intermediary with a travel organizer or with persons providing separate services, shall be deemed to have been concluded by the traveller.