Responsibility for the performance of the package
15.—(1) The provisions of this regulation are implied as a term in every package travel contract.
(2) The organiser is liable to the traveller for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers.
(3) The traveller must inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which the traveller perceives during the performance of a travel service included in the package travel contract.
(4) If any of the travel services are not performed in accordance with the package travel contract, the organiser must remedy the lack of conformity within a reasonable period set by the traveller unless that—
(a)is impossible; or
(b)entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.
(5) Where the organiser does not remedy the lack of conformity within a reasonable period set by the traveller for a reason mentioned in sub-paragraph (a) or (b) of paragraph (4), regulation 16 applies.
(6) Where the organiser refuses to remedy the lack of conformity or where immediate remedy is required, the traveller—
(a)may remedy the lack of conformity; and
(b)is entitled to reimbursement of the necessary expenses.
(7) A traveller to whom paragraph (6)(a) applies is not required to—
(a)set a reasonable period pursuant to paragraph (4), and
(b)if such a period has been set, wait until the end of the period,
before the traveller remedies the lack of conformity.
(8) Where the organiser is unable to provide a significant proportion of the travel services as agreed in the package travel contract, the organiser must offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where the traveller’s return to the place of departure is agreed.
(9) Where the organiser offers proposed alternative arrangements which result in a package of lower quality than that specified in the package travel contract, the organiser must grant the traveller an appropriate price reduction.
(10) The traveller may reject the proposed alternative arrangements offered under paragraph (8) only if—
(a)they are not comparable to the arrangements which were agreed in the package travel contract; or
(b)the price reduction granted is inadequate.
(11) Where—
(a)a lack of conformity substantially affects the performance of the package; and
(b)the organiser fails to remedy the lack of conformity within the reasonable period,
the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, is entitled to a price reduction, or compensation for damages, or both, in accordance with regulation 16.
(12) If—
(a)the organiser is unable to make alternative arrangements, or
(b)the traveller rejects the proposed alternative arrangements in accordance with paragraph (10),
the traveller is, where appropriate, entitled to a price reduction, or compensation for damages, or both, in accordance with regulation 16 without terminating the package travel contract.
(13) If the package includes the carriage of passengers, the organiser must, in the cases referred to in paragraphs (11) and (12), also provide repatriation of the traveller with equivalent transport without undue delay and at no extra cost to the traveller.
(14) Where the organiser is unable to ensure the traveller’s return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser must bear the cost of necessary accommodation, if possible of equivalent category—
(a)for a period not exceeding 3 nights per traveller; or
(b)where a different period is specified in the Union passenger rights legislation applicable to the relevant means of transport for the traveller’s return, for the period specified in that legislation.
(15) The limitation of costs referred to in paragraph (14) does not apply to persons with reduced mobility as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council, concerning the rights of disabled persons and persons with reduced mobility when travelling by air(1) and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package.
(16) The organiser’s liability under paragraph (14) may not be limited by reason of unavoidable and extraordinary circumstances if the relevant transport provider may not rely on such circumstances under the applicable Union passenger rights legislation.
OJ No L 2004, 26.7.2006, p. 1. Point (a) of Article 2 provides that ‘person with reduced mobility’ means “any person whose mobility when using transport is reduced due to any physical disability (sensory or locomotor, permanent or temporary), intellectual disability or impairment, or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers”.