Collective Commentary about the New Package Travel Directive

874 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE alternative arrangements only if they are substantially different from what was agreed in the package travel contract or the price reduction offered by the organiser is inadequate. IV.I. Obligation to provide assistance 121) As long as it is impossible to ensure the traveller’s return, because of unavoidable and extraordinary circumstances, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights pursuant to Section 24 of the Decree 33 . 122) Based on Section 26(2) of the Decree, the organiser shall give appropriate assistance without undue delay to the traveller in difficulty. The obligation to provide help shall also cover the cases set forth in Section 24(2) of the Decree 34 . 123) In case the difficult situation was caused by the traveller himself, the organiser may claim payment of the fee for providing help from the traveller. IV.J. Price reduction and compensation for damages 124) The traveller shall be entitled to price reduction for any period during which there was lack of conformity. The traveller shall be entitled to receive compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity. 125) The traveller shall not be entitled to compensation for damages, under Section 27(3) of the Decree, if the organiser proves that the breach of contract is attributable to the traveller, or is attributable to the conduct by a third party, or was caused by an extraordinary and unavoidable circumstance. 33 Section 24 (1) As long as it is impossible to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller, as necessary. Where longer periods are provided for in generally and directly applicable Union passenger rights legislation pertaining to the relevant means of transport for the traveller’s return, those periods shall apply. 34 Section 26 (1) The organiser shall give appropriate assistance without undue delay to the traveller in difficulty, including in the circumstances referred to in Section 24(2). The obligation to provide assistance may be carried out in particular by: a) providing appropriate information on health services, local authorities and consular assistance; and b) assisting the traveller to make distance communications and helping the traveller to find alternative travel arrangements.