Price Reduction and Compensation for Damages according to the New PTD Michael Wukoschitz1 Introduction; I. Price Reduction; 1) General Remarks; 2) Calculation of the Reduction; 3) Defence of the Organiser; II. Compensation for damages; 1) Subject of compensation; 2) Burden of proof; 3) Calculation of damages; III. Grounds of Exoneration / Defence of the Organiser; 1) Exhaustive list of exemptions; 2) “Attributable to the traveller”; 3) “Attributable to a third party unconnected with the provision of the travel services”; 4) “Due to unavoidable and extraordinary circumstances”; IV. Limitation of Liability; 1) International conventions binding the Union; 2) International conventions not binding the Union; 3) Contractual limitation of liability; V. Relation to Passenger Rights Regulations; VI. Limitation Period; VII. PTD Revision; VIII. Implementation of Article 14 in selected Member States; 1) Austria; 2) Germany; 3) Malta; 4) Spain; 5) United Kingdom; IX. Summary; INTRODUCTION Article 14 of the Directive provides for !nancial claims of the traveller in case of lack of conformity. "e term “lack of conformity” is de!ned in Article 2 (13) as “a failure to perform or improper performance of the travel services included in a package”. "e CJEU has clari!ed that the !nding of a lack of conformity must be carried out objectively, taking into account the organiser’s obligations under the package travel contract.2 ‘Lack of conformity’, therefore, means that the services provided deviate objectively from those contractually owed. While it is rather easy to determine when a travel service included in the package has not 1 President Emeritus of International Forum of Travel and Tourism. 2 CJEU judgment of 12 Jan. 2023 in case C-396/21 – FTI Touristik, ECLI:EU:C:2023:10, margin 39; judment of 23 Oct. 2025 in case C-469/24 – Tuleka, ECLI:EU: C:2025:833, margin 45; also: HG Wien (Commercial Court Vienna), judment of 28 Feb. 2024, 1 R 2/24a, ECLI:AT:LG00007:2024:00100R00002.24A.0228.000; HG Wien (Commercial Court Vienna), judment of 26 Feb. 2024, 50 R 183/23b, ECLI:AT:LG00007:2024:05000R00183.23B.0226.000.
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