5) United Kingdom Despite “Brexit”, the United Kingdom has implemented the Directive in the Package Travel and Linked Travel Arrangements Regulations 2018.115 "e content of Article 14 can be found in Reg. 16, the !rst paragraph of which states that the provisions of this regulation constitute an implied term in every package travel contract. "e further paragraphs follow the wording of the directive with only minor amendments which mainly seem to serve a structure of legislation which is more clear and comprehensible than the wording of the Directive. "e main di%erence to the other aforementioned member states, seems to be the concept that the provisions do not directly apply as a law but rather are regarded as an implied part of the contract. To avoid that a traveller could be forced to waive his rights by contractual agreement, Reg. 30 states that a traveller may not waive any of the rights granted to him by the Regulations and any such waiver or circumvention of the Regulation is not binding on the traveller. Like the PTD, the UK Package Travel Regulations are currently being revised. IX. SUMMARY Any lack of conformity between services provided and the package travel contract gives rise to a no-fault entitlement to a price reduction, unless it is attributable to the traveller. Both, the !nding of the lack of conformity and the calculation of the price reduction must be carried out objectively. "e price reduction must correspond to the value of the services for which a lack of conformity has been found to restore the contractual balance. Price reduction tables can serve as rough guidelines, but are not binding in individual cases. Where the lack of conformity causes (material or immaterial) damage, the traveller is entitled to compensation unless the organiser can prove that the lack of conformity was attributable to the traveller, attributable to a third party unconnected with the provision of the travel services included in the package travel contract and unforeseeable or unavoidable, or due to unavoidable and extraordinary circumstances. Fault is not a requirement on either side. Only compensatory damages are covered; punitive or exemplary damages may not be awarded. 115 SI 2018/634. 366 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE
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