S.L. 409.19 Art. 12Responsibility for the performance of the package.

(1) The organiser is responsible for the performance of the travel services included in the package travel contract, irrespective of whether those services are to be performed by the organiser or by other travel service providers. Provided that when a package travel contract is sold by a retailer, the retailer is also responsible for the performance of the package and any provisions applicable to the organiser under regulation 6 and regulation 8 to regulation 17 shall, mutatis mutandis, also apply to the retailer:

Provided further that this shall not affect any right of action the organiser and, or the retailer may have against the organiser, the retailer and, or those other suppliers of services.

(2) The traveller shall inform the organiser without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the package travel contract.

(3) If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy the lack of conformity, unless that:

(a) is impossible; or

(b) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

If the organiser, in accordance with paragraph (a) or (b), does not remedy the lack of conformity, regulation 13 shall apply.

(4) Without prejudice to the exceptions laid down in sub-regulation (3), if the organiser does not remedy the lack of conformity within a reasonable period set by the traveller, the traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for the traveller to specify a time-limit if the organiser refuses to remedy the lack of conformity or if immediate remedy is required.

(5) Where a significant proportion of the travel services cannot be provided as agreed in the package travel contract, the organiser shall offer, at no extra cost to the traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the contract, for the continuation of the package, including where the traveller's return to the place of departure is not provided as agreed:

Provided that where the proposed alternative arrangements result in a package of lower quality than that specified in the package travel contract, the organiser shall grant the traveller an appropriate price reduction:

Provided further that the traveller may reject the proposed alternative arrangements only if they are not comparable to ARRANGEMENTS

what was agreed in the package travel contract or the price reduction granted is inadequate.

(6) Where a lack of conformity substantially affects the performance of the package and the organiser has failed to remedy it within a reasonable period set by the traveller, the traveller may terminate the package travel contract without paying a termination fee and, where appropriate, request, in accordance with regulation 13, price reduction and, or compensation for damages.

Provided that if it is impossible to make alternative arrangements or the traveller rejects the proposed alternative arrangements in accordance with the third paragraph of sub-regulation (5), the traveller is, where appropriate, entitled to price reduction and, or compensation for damages in accordance with regulation 13 without terminating the package travel contract:

Provided further that if the package includes the carriage of passengers, the organiser shall, in the cases referred to in this sub-regulation, also provide repatriation of the traveller with equivalent transport without undue delay and at no extra cost to the traveller.

(7) As long as it is impossible to ensure the traveller's return as agreed in the package travel contract because of unavoidable and extraordinary circumstances, the organiser shall bear the cost of necessary accommodation, if possible of equivalent category, for a period not exceeding three nights per traveller. Where longer periods are provided for in European Union passenger rights legislation applicable to the relevant means of transport for the traveller's return, those periods shall apply.

(8) The limitation of costs referred to in sub-regulation (7) shall not apply to persons with reduced mobility, as defined in point (a) of Article 2 of Regulation (EC) No 1107/2006 of the European Parliament and of the Council, and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that the organiser has been notified of their particular needs at least 48 hours before the start of the package. The organiser may not invoke unavoidable and extraordinary circumstances to limit the liability under sub-regulation (7) if the relevant transport provider may not rely on such circumstances under applicable European Union Legislation.