1) Austria In Austria, Article 14 has been implemented in sec. 12 of the new Package Travel Act.110 "e wording of the national provision more or less follows the wording of the Directive with some slight amendments due to the particular legal language in Austria. In para (2) the Austrian provision explicitly mentions loss of holiday enjoyment as to be covered by the compensation in case of severe negative impact of the lack of conformity. It further contains an amendment according to which a failure of the traveller to inform the organiser on any lack of conformity which he perceived during the performance of a travel service may be regarded as contributory negligence. In my opinion this amendment leads to confusion rather than it leads to clari!cation as it leaves doubts about the e%ect of such failure with regard to price reduction claims. Contrary to Article 14 (4), sec. 12 (4) provides that the compensation to be paid to the traveller must not be subject to any contractual limitation, whatsoever. "is discrepancy is based on the Austrian legislator’s assumption that any liability of the organiser under Austrian law would require fault and therefore there wouldn’t be any scope of application for a contractual limitation which only applies where damage is caused neither intentionally nor with negligence. Given the clear wording of Article 14, I feel, that this assumption cannot be upheld. Austria did not make use of the option of a limitation of the organiser’s liability according to international conventions which are not binding for the Union. 2) Germany Germany has implemented Article 14 in sec. 651m, sec. 651n and sec. 651p of its Civil Code.111 "e German legislator decided neither to follow the exact wording nor to follow the structure of the Directive. Sec. 651m, implementing Article 14 (1) deals with price reduction and in addition to the text of the Directive provides some principles on how the reduction shall be calculated, namely according to the relation of the value of the package a%ected by the lack of conformity to the value of a properly performed package. 110 Bundesgesetz über Pauschalreisen und verbundene Reiseleitungen (Pauschalreisegesetz – PRG), BGBl 2017/50. 111 Bürgerliches Gesetzbuch (BGB). 364 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE
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