(1) The organizer and/or retailer that are parties to the contract are liable to the consumer for the proper performance of the obligations arising from the contract, irrespective of whether such obligations are to be performed by that organizer and/or retailer or by other suppliers of services.
(2) Regarding the damages suffered by the consumer due to non-performance or improper performance of the contract, the organizer and/or retailer is/are liable unless such failure to perform or improper performance is not due to their fault nor to the fault of another supplier of services, because:
- either the failures which occurred in the performance of the contract are solely attributable to the consumer;
- or such failures are solely attributable to a third party, alien to the provision of the services provided for in the contract, and the contracting parties could not have foreseen or avoided them;
- or such failures are due to force majeure, or to an event which neither the organizer and/or retailer, nor the supplier of services could, with all due care, foresee or forestall.
(3) As for damages arising from the non-performance or improper performance of the services of the package travel, the compensation is limited in accordance with the provisions on liability of the international conventions, which bind the country and govern such services. Reasonable limitation of the compensation may be provided for in the contract for damages other than personal injury resulting from the non-performance or improper performance of the services of the package travel.