According to the clear wording of Article 14 (1) the right of price reduction only applies “for the period during which there was lack of conformity”. If the lack of conformity only a%ects a certain part of the package only the proportionate part of the package price therefore will be subject to reduction.29 If a package consists of clearly separate parts (like a sightseeing roundtrip and a beach holiday thereafter) and the individual prices of the parts are disclosed it can be considered to only take the price of the part a%ected by the lack of conformity as calculation base for the price reduction. Where all of the travel services provided to a traveller lack conformity and the travel organiser does not prove that that lack of conformity is attributable to that traveller, he or she is entitled to a full refund from that organiser of the price of the package concerned.30 "e same applies, where the lack of conformity is so serious as to render the services that have been provided of no interest and of no value in the light of the purpose that package, that lack of conformity is in fact equivalent to a failure to perform that package.31 3) Defence of the Organiser "e only defence the tour organiser can raise against a claim for price reduction is that the lack of conformity was attributable to the traveller himself.32 "is is a di%erent dogmatic approach to that of German doctrine, which denies the existence of a defect, i.e. a lack of conformity, in circumstances attributable to the traveller.33 "e Directive, on the other hand, requires a lack of conformity for a claim for price reduction, but precludes this claim if the lack of conformity is attributable to the traveller. If there is no lack of conformity from the outset, the question of attribution does not even arise. "e defence doesn’t only apply in cases when the traveller actively caused the lack of conformity (e.g. by damaging the air condition or not being present on time for an airport shuttle) but also if the traveller is not willing or able to receive a service included in the package due to reasons from his sphere (like illness) – even if the organiser excludes the traveller from travel services in order to protect other travellers or sta% members.34 29 OGH 25.02.2004, 3 Ob 271/03d; Tonner, MüKo6 § 651d BGB Rn 19. 30 CJEU judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, ECLI:EU: C:2025:833, margin 48. 31 CJEU judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, ECLI:EU: C:2025:833, margin 49. 32 Article 14(1) PTD. 33 Most recently: Führich, P#ichtwidrigkeit bei Pauschalreisen als Reisemangel und Umfeldrisken des Reisenden, RRa 2026, 7 [14]. 34 BGH judgment of 20 Jan. 2026, X ZR 15/25, ECLI:DE:BGH:2026:200126UXZR15.25.0 350 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE
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