Collective Commentary about the New Package Travel Directive

PROPOSAL FOR A DIRECTIVE 1269 referred to in paragraph 5 if the relevant transport provider may not rely on such circumstances under applicable Union legislation. 7. If the alternative arrangements result in a package of lower quality or cost, the traveller shall be entitled to a price reduction and, where appropriate, damages in accordance with Article 12. Article 12 Price reduction and compensation for damages 1. Member States shall ensure that the traveller is entitled to an appropriate price reduction for: (a) any period during which there was lack of conformity; or (b) where the alternative arrangements as referred to in paragraphs 3 and 4 of Article 11 result in a package of lower quality or cost. 2. The traveller shall be entitled to receive compensation from the organiser for any damage, including non-material damage, which the traveller sustains as a result of any lack of conformity. 3. The traveller shall not be entitled to price reduction or compensation for damages if: (a) the organiser proves that the lack of conformity is: (i) attributable to the traveller, (ii) attributable to a third party unconnected with the provision of the services contracted for and is unforeseeable or unavoidable, or (iii) due to unavoidable and extraordinary circumstances or (b) the traveller fails to inform the organiser without undue delay of any lack of conformity which the traveller perceives on the spot if that information requirement was clearly and explicitly stated in the contract and is reasonable, taking into account the circumstances of the case. 4. Insofar as international conventions binding the Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a service which is part of a package, the same limitations shall apply to the organiser. Insofar as international conventions not binding the Union limit compensation to be paid by a service provider, Member States may limit compensation to be paid by the organiser accordingly. In other cases, the contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury and damage caused intentionally or with gross negligence and does not amount to less than three times the total price of the package. 5. Any right to compensation or price reduction under this Directive shall not affect the rights of travellers under Regulation (EC) No 261/2004 29 , Regulation (EC) No 29 OJ L 46, 17.2.2004, p.1