Collective Commentary about the New Package Travel Directive

INTERNATIONAL CONVENTION ON TRAVEL CONTRACTS (CCV) 1221 Article 27 1. A travel organizer or intermediary shall not be entitled to avail himself of the provisions of this Convention which exclude his liability or set or limit the compensation payable by him if the traveller proves that the loss or damage was caused by a wrongful act or default committed by the travel organizer or intermediary or by one of the persons for whom he is responsible under Articles 12 and 21 with the intention of causing the loss or damage or in a manner implying either a deliberate disregard or inexcusable lack of awareness of the prejudicial consequences which might result from such conduct. 2. Where special rules are prescribed by law, wrongful acts or default as referred to in paragraph 1 shall be assessed in accordance with those rules. 3. Paragraphs 1 and 2 shall apply as well to the extra-contractual liability of the persons referred to in Articles 12 and 21, if the wrongful act or default referred to in those paragraphs was theirs. Article 28 The provisions of this Convention shall not prejudice the traveller’s rights and actions against third parties. CHAPTER VI LEGAL PROCEEDINGS Article 29 The travel contract may contain a clause conferring jurisdiction on an arbitration tribunal provided the clause stipulates that the tribunal shall apply this Convention. Article 30 1. The period of limitation for an action arising out of a travel contract subject to this Convention and based on death, wounding or other bodily or mental injury caused to a traveller shall be two years; it shall begin to run on the date specified in the contract as the date of termination of the service giving rise to the dispute. Nevertheless, in case of wounding or other bodily or mental injury resulting in the death of the traveller at a date subsequent to the date of termination of the service giving rise to the dispute, the period of limitation shall begin to run on the date of such death without, however, exceeding three years from the date of termination of the service in question.