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PART 2Information duties and content of the package travel contract

Binding character of information provided before the conclusion of the contract

6.—(1) Where the relevant person provides to the traveller the information specified in paragraphs 1 to 10, 12 to 14 and 16 of Schedule 1, that information—

(a)forms an integral part of the package travel contract; and

(b)must not be altered unless the traveller expressly agrees otherwise with the relevant person, as the case may be.

(2) The relevant person must communicate to the traveller any change to the information provided under regulation 5, in a clear, comprehensible and prominent manner before the conclusion of the package travel contract.

(3) Where, before the conclusion of the package travel contract, the relevant person does not provide the information which is required to be provided under paragraph (1) in respect of additional fees, charges or other costs referred to in paragraph 12 of Schedule 1 the traveller is not required to bear those fees, charges or other costs.

(4) It is an implied condition (or, as regards Scotland, an implied term) of the package travel contract that the relevant person complies with the provisions of this regulation.

(5) In Scotland, any breach of the condition implied by paragraph (4) is deemed to be a material breach justifying rescission of the contract.