Collective Commentary about the New Package Travel Directive

1222 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE 2. The period of limitation for an action arising out of a travel contract subject to this Convention other than those referred to in paragraph 1 of this Article, shall be one year; 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. CHAPTER VII NULLITY OF STIPULATIONS CONTRARY TO THE CONVENTION Article 31 1. Any stipulation which would directly or indirectly derogate from the provisions of this Convention shall be null and void, in so far as it would be detrimental to the traveller. The nullity of such a stipulation shall not imply the nullity of the other provisions of the contract. 2. In particular, any clause assigning to the travel organizer or intermediary the benefit of insurance taken out by the traveller, or shifting the burden of proof shall be null and void. CHAPTER VIII FINAL PROVISIONS Article 32 1. Any dispute between Contracting States concerning the interpretation or application of this Convention, which cannot be settled through negotiation, shall at the request of one of them, be submitted to arbitration. 2. If within six months from the date of the request for arbitration the Parties are unable to agree on the organization of the arbitration, any one of them may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court. Article 33 This Convention shall be open for signature by all States Members of the United Nations or of any of the specialized agencies or of the International Atomic Energy

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