As “intention” and “negligence” are the two possible manifestations of fault the provision is another clear indication that fault is no fundamental requirement of liability any more: if there was no liability without fault it wouldn’t make sense to only allow for a contractual limitation of liability in cases when there is no fault. Or in other words: where liability doesn’t apply at all it cannot be subject to a contractual limitation. In addition, the limited liability must not amount to less than three times the total price of the package. Given these tough restrictions, it seems unlikely that a contractual limitation of liability could really have a noticeable impact on the traveller’s right to compensation. V. RELATION TO PASSENGER RIGHTS REGULATIONS Article 14 (5) provides that any right to compensation or price reduction under the Directive shall not a%ect the rights of travellers under the European Passenger Rights Regulations106 or under international conventions. Travellers therefore are free to choose whether to !le a claim under the Directive or under any of these regulations or conventions. However, to avoid overcompensation any compensation or price reduction granted under the Directive on the one hand and any compensation or price reduction granted under those Regulations and international conventions on the other hand shall be deducted from each other. "e Directive thereby clari!es that price reduction as well as compensation under the Directive can be settled against any compensation received under the Passenger Rights Regulations. "is is important as, for example, Article 12 of Reg. (EC) No. 216/2004 only provides that a compensation granted under this Regulation may be deducted from any further compensation the passenger is entitled to but doesn’t mention price reduction. Anyway, the German Supreme Court had already held that the “further compensation” a compensation under Reg. (EC) No. 216/2004 can be deducted from includes price reduction in package travel if same relates to a #ight disruption.107 In Austria, the Regional Court of Feldkirch con!rmed that a compesenation obtained from the air carrier under Reg. (EC) No. 261/24 is 106 Regulation (EC) No 261/2004, Regulation (EC) No 1371/2007, Regulation (EC) No 392/2009, Regulation (EU) No 1177/2010 and Regulation (EU) No 181/2011. 107 BGH 30.09.2004, X ZR 126/13. 362 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE
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