Collective Commentary about the New Package Travel Directive

AUSTRIA | MICHAEL WUKOSCHITZ 659 significant efforts and if the organiser had informed the consumer in writing about the obligation and the (limited) legal consequences of a failure to comply. Needless to say, a “soft” obligation like this did not present much practical relevance. Effective by 1 July, 2018, Article 13(2) NPTD was implemented in Sec. 11(2) of the new Austrian Package Travel Act (PRG) 7 . However, despite the full harmonisation approach of the NPTD 8 , the Austrian legislator added a sentence to Sec 12(2) of the PRG whereby a failure to inform the organiser of any lack of conformity perceived at the spot would constitute contributory negligence on the part of the traveller. This sentence is clearly a relic of the former provision quoted above in sec. 31e (2) KSchG and doesn’t have any equivalent in the NPTD and has therefore become a considerable source for doubts. 3. RECITALS OF THE DIRECTIVE AND EXPLANATORY REMARKS TO THE AUSTRIAN GOVERNMENT BILL Recital (34) of the NPTD states that the “ traveller should be required to inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity he perceives during the performance of a travel service included in the package travel contract ” and a failure to do so “ may be taken into account when determining the appropriate price reduction or compensation for damages where such notice would have avoided or reduced the damage ”. The explanatory remarks to the Austrian Government Bill 9 argue that the provision where a failure to inform the organiser of any lack of conformity perceived at the spot would constitute contributory negligence on the part of the traveller was a transposition of the above quoted recital. At the same time, the explanatory remarks suggest that this would conform to the previous legal situation, according to sec. 31e (2) KSchG. 7 Pauschalreisegesetz (PRG), BGBl I No. 50/2017. 8 Article 4 NPTD. 9 XXV. GP RV 1513, EB § 12 No. 6.