Collective Commentary about the New Package Travel Directive

70 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE If the price increase referred to in paragraph 1 of this Article exceeds 8 % of the total price of the package, Article 11(2) to (5) shall apply”. Irrespective of its extent, a price increase shall be possible only if the organiser notifies the traveller clearly and comprehensibly of it with a justification for that increase and a calculation, on a durable medium at the latest 20 days before the start of the package. If the package travel contract stipulates the possibility of price increases, the traveller shall have the right to a price reduction corresponding to any decrease in the costs referred to in points (a), (b) and (c) of paragraph 1 that occurs after the conclusion of the contract before the start of the package. In the event of a price decrease, the organiser shall have the right to deduct actual administrative expenses from the refund owed to the traveller. At the traveller’s request, the organiser shall provide proof of those administrative expenses. Secondly, in Chapter IV, concerning the ‘performance of the package’, the Article 14 is dedicated to “price reduction and compensation for damages” and states: Member States shall ensure that the traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller. The traveller shall be entitled to receive appropriate compensation from the organiser for any damage the traveller sustains as a result of any lack of conformity. Compensation shall be made without undue delay. However, the traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is: (a) attributable to the traveller; (b) attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or (c) due to unavoidable and extraordinary circumstances. The limitation period for introducing claims under this Article shall not be less than two years. These rights to compensation or price reduction do not affect the rights of passengers under the following rules: Regulation (EC) No 261/2004 (common rules on compensation and assistance to passenger in the event of denied boarding and of cancellation or long delay of flight), Regulation (EC) No 1371/2007 (rights and obligations of rail passengers), Regulation (EC) No 392/2009 (on