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S.L. 409.19 · Package Travel And Linked Travel (S.L. 409.19)

S.L. 409.19 Art. 13Pricereductionand compensation for damages.

En vigueurTexte officiel

(1) The traveller is entitled to an appropriate price reduction for any period during which there was lack of conformity, unless the organiser proves that the lack of conformity is attributable to the traveller.

(2) The traveller shall be entitled to receive appropriate compensation from the organiser for any damage which the traveller sustains as a result of any lack of conformity. Compensation shall be made without undue delay.

(3) The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is:

(a) attributable to the traveller;

(b) attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or

(c) due to unavoidable and extraordinary circumstances.

(4) Insofar as international conventions binding the European Union limit the extent of or the conditions under which compensation is to be paid by a provider carrying out a travel service which is part of a package, the same limitations shall apply to the organiser:

Provided that if any other international conventions not binding the European Union, but of which Malta is a party to, that limit compensation to be paid by a service provider carrying out a travel service which is part of a package, the same limitations provided in such international conventions shall also apply to the organisers:

Provided further that in other cases, the package travel contract may limit compensation to be paid by the organiser as long as that limitation does not apply to personal injury or damage caused intentionally or with negligence and does not amount to less than three times the total price of the package.

(5) Any right to compensation or price reduction under these regulations shall not affect the rights of travellers under Regulation

(EC) No 261/2004 of the European Parliament and of the Council, Regulation (EC) No 1371/2007 of the European Parliament and of the Council, Regulation (EC) No 392/2009 of the European Parliament and of the Council, Regulation (EU) No 1177/2010 of the European Parliament and of the Council and Regulation (EU) No 181/2011 of the European Parliament and of the Council and under international conventions. Travellers shall be entitled to present claims under these regulations and under European Union legislation and international conventions. Compensation or price reduction granted under these regulations and the compensation or price reduction granted under European Union legislation and international conventions shall be deducted from each other in order to avoid overcompensation.

(6) The limitation period for introducing claims under this Regulation is two years from the last day of the package. ARRANGEMENTS