Sec. 651n is implementing Article 14 (2) and (3) on compensation and the potential defences of the organiser. Like the Austrian Package Travel Act, sec. 651n (2) explicitly mentions loss of holiday enjoyment as to be covered by the compensation in case of severe negative impact of the lack of conformity. As regards the issue whether a lack of conformity attributable to a third party unconnected to the provision of the travel services has to be unforeseeable and unavoidable in order to release the organiser or only “unforeseeable or unavoidable”, the German legislator has decided to regard the German version of the Directive as an incorrect translation and therefore to adopt the wording of the other language versions. Article 14 (4) is implemented in sec. 651p of the German Civil Code. Like Austria, Germany did not make use of the option for a limitation of the organiser’s liability according to international conventions which are not binding for the Union. 3) Malta Malta has implemented the Directive in its Package Travel and Linked Travel Arrangements Regulations, 2018,112 Regulation 13 of which corresponds with Article 14 of the Directive. "e wording of the Regulation closely follows that of Article 14. Malta made use of the option to limit the organiser’s liability according to international conventions which are not binding for the Union but of which Malta is a party to. It also made use of the option to extend liability under the directive to retailers.113 "e related provision can be found in Regulation 12 (1). 4) Spain In Spanish law, the implementation of Article 14 can be found in Artículo 162 of the Consumer Protection Act.114 "e implementation follows the wording of the Directive. Like Malta, Spain made use of the option to extend liability under the directive to retailers but 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. 112 Law No. 94 of 2018, Malta Travel and Tourism Services Act, Cap. 409. 113 Article 13 (1). 114 Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias, aprobado por Real Decreto Legislativo 1/2007, de 16 de noviembre, modi!cado por Real Decreto-ley 23/2018, de 21 de diciembre, de transposición de directivas en materia de marcas, transporte ferroviario y viajes combinados y servicios de viaje vinculados. 365 ARTICLE 14 | MICHAEL WUKOSCHITZ
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