Collective Commentary about the New Package Travel Directive

1220 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 2. Without prejudice to the questions as to which persons have the right to institute proceedings and what are their respective rights, compensation payable under paragraph 1 shall be limited to 10.000 francs for each traveller. However, a Contracting State may set a higher limit for contracts concluded through a place of business located in its territory. 3. The travel intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract. Article 23 The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel intermediary or to persons for whom the latter is responsible under Article 21 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 V COMMON PROVISIONS Article 24 The franc referred to in this Convention is the gold franc weighing 10/31 of a gramme and of a millesimal fineness of 0.900. Article 25 Where the loss or damage caused by non-performance, in whole or in part, of an obligation under this Convention gives rise to an extra-contractual claim, the travel organizer or intermediary may avail himself of the provisions of this Convention which exclude his liability or which set or limit the compensation payable by him. Article 26 Where the extra-contractual liability of one of the persons for whom the travel organizer or intermediary is responsible under Articles 12 and 21 is at issue, such person may also avail himself of the provisions of this Convention which exclude the liability of the travel organizer or intermediary or which set or limit the compensation payable by them; the total amount of compensation payable shall in no circumstances exceed the limits established under this Convention.