14NPTD Price Reduction and Compensation for Damages according to the New PTD by Michael Wukoschitz

contractual balance between travel organisers and travellers and not to penalise those organisers.15 "e reduction in the price of the package must rather correspond to the value of the travel services for which a lack of conformity has been found.16 Nevertheless, the price reduction may correspond to a full refund of the price of the package holiday concerned where that lack of conformity is so serious that, having regard to its purpose, that package holiday is objectively no longer of interest to the traveller, even if a traveller has been provided with some of the services.17 2) Calculation of the Reduction In the 1980s, the 24th Civil Chamber of the Regional Court of Frankfurt/ Main has developed a scheme for the assessment of an appropriate price reduction. "e scheme is based on the chamber’s respective judgements but not quoting any of these judgements. It has become famous as the “Frankfurt List”18 and is assigning certain percentages of price reduction to typical kinds of lack of performance (like delay of the #ight, lower category of the hotel, dirty room, spoiled food, etc.). "e following short excerpt may give a !rst impression: I. Accomodation Lack of Conformity Percentage Remarks deviation from booked object 10-25 according to distance di%erent situation (distance to beach) 5-15 di%erent kind of accomodation (hotel room instead of bungalow; di%erent #oor) 5-10 room features • room area too small • missing balcony • missing seaview • missing (private) bathroom/toilet • … 5-10 5-10 5-10 15-25 … if promised / depending on season if promised if booked … 15 CJEU judment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 60. 16 CJEU judgment of 12 Jan. 2023 in case C-396/21 – FTI Touristik, margin 39; judment of 23 Oct. 2025 in case C-469/24 – Tuleka, ECLI:EU: C:2025:833, margin 47. 17 CJEU judment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 51. 18 Published in NJW 1985, 113. 348 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE

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