of fault isn’t enough any more to avoid liability. In other words: under the new Directive, the liability of the organiser has turned from a fault liability with a reversed burden of proof to an absolute liability with only the aforementioned exemptions as the CJEU explicitly clari!ed.60 2) “Attributable to the traveller” With regard to lack of conformity attributable to the traveller, the same principles apply as for the exemption from price reduction using identical wording.61 In principle, the following scenarios are covered by the exemption • the traveller has caused the lack of conformity by his own action or omission; • a travel service could not be performed (properly) because of a reason stemming from the traveller’s sphere of risk (illness; accident; etc.); • the traveller has failed to inform the organiser of a lack of conformity perceived at the spot and has thus prevented the organiser from remedying same within appropriate time; • the traveller’s behaviour or condition has made it unreasonable for the organiser to continue with the provision of the travel services. In the Tuleka judgment, the CJEU correctly pointed out that the organiser is not required to prove any fault of the traveller.62 3) “Attributable to a third party unconnected with the provision of the travel services” "e exemption covers lack of conformity caused by another traveller or any person with no connection to the travel services at all. "e organiser therefore cannot be held liable for a theft at a market, a sexual assault at the beach or a car accident if such events are caused by persons unconnected with the provision of the travel services. However, even if a certain person is involved in the provision of travel services the exemption could be applied as far as the respective person’s harmful conduct has no connection to the provision of the services (e.g. a member of the cleaning sta% injuring a traveller after o$cial hours in the bar). 60 CJEU judgment of 12 Jan. 2023 in case C-396/21 – FTI Touristik, margin 25, and judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 34. 61 See I. (2) above. 62 CJEU judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 36. 355 ARTICLE 14 | MICHAEL WUKOSCHITZ
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