Collective Commentary about the New Package Travel Directive

ARTICLE 13 | ANTONIA PANIZA FULLANA 313 resolution proves impossible, and in the second, if it entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. According to the provisions established in the Directive, the consequences of non-performance, which, as explained previously, apply to the organiser, although the Member States may extend liability to the retailer, are as follows: – Firstly, it sets out an obligation incumbent upon the traveller: Where a significant proportion of the services cannot be provided as agreed in the package contract, the traveller shall inform the organiser without undue delay. – The organiser shall make suitable alternative arrangements, at no extra cost to the traveller, for the continuation of the package, with service quality at least equivalent to that specified under the contract, including where the traveller’s return to the place of departure is not provided as agreed. If the alternative arrangements result in a package of lower quality than that specified in the contract, the organiser shall apply a suitable price reduction to the traveller. The traveller may only reject the alternative arrangements if they are not comparable to that specified under the package contract or if an inadequate price reduction is applied. – If it is impossible for the organiser to offer suitable alternative arrangements or the traveller does not accept them, the organiser shall, insofar as the package includes the carriage of passengers, provide the traveller at no extra cost with equivalent transport to the place of departure or to another place to which the traveller has agreed and shall compensate the traveller for the damages caused. – If it were impossible to ensure the traveller’s timely return because of unavoidable and extraordinary circumstances, the organiser shall provide, as far as is possible, accommodation consistent with the category and price in the contract for a period that shall not exceed three nights per traveller. This reduction shall not apply to persons with special needs, provided the organiser has been given notice at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the costs if the relevant transport provider may not rely on such circumstances under applicable legislation. – If the alternative arrangements provided by the organiser result in a package of lower quality or cost, the traveller shall be entitled to a price reduction and, where appropriate, compensation of damages. – The traveller shall be entitled to a price reduction as a result of any lack of conformity and its impact on the package, and to receive compensation of damages. The above will not apply if the organiser proves: