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PART 3Changes to the package travel contract before the start of the package

Alteration of the price

10.—(1) The provisions of this regulation are implied as a term in every package travel contract.

(2) The prices specified in a package travel contract must not be increased once the contract is concluded unless the contract—

(a)states expressly that such an increase may be made;

(b)states that price increases are to be made solely to allow for increases which are a direct consequence of changes in—

(i)the price of the carriage of passengers resulting from the cost of fuel or other power sources;

(ii)the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and

(iii)the exchange rates relevant to the package;

(c)provides that the traveller has the right to a price reduction corresponding to any decrease in the costs referred to in sub-paragraph (b) that occurs before the start of the package once the contract is concluded; and

(d)provides how the revisions referred to in sub-paragraphs (a) and (b) are to be calculated.

(3) Irrespective of its extent, a price increase may only be made 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.

(4) Where a price increase exceeds 8% of the total price of the package, paragraphs (4) to (11) of regulation 11 apply.

(5) Where, under the terms of the package travel contract, the traveller has the right to a price reduction which corresponds to a decrease in the costs referred to in paragraph (2)(b), the organiser—

(a)may deduct administrative expenses from any refund owed to the traveller as a result of the reduction in price; and

(b)must, at the traveller’s request, provide proof of any expenses so deducted.