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Book 2 · Law of obligations  ›  Subtitle 4 · Package travel contract, brokerage of travel contracts and brokerage of linked travel arrangements › Section 651i

Rights of the traveller in the case of a lack of conformity of the package

(1) The organiser is to procure to the traveller the package such that it does not lack conformity.

(2) The package does not lack conformity if it is of the agreed nature. Inasmuch as no nature has been agreed, the package does not lack conformity

1.  if it is suitable for the use on which the contract is premised, and otherwise,

2.  if it is suitable for customary use and is of a nature that is usual in packages of the same type and that the traveller may expect in view of the type of package.

The package lacks conformity also if the organiser fails to procure travel services or procures them only subject to an unreasonable delay.

(3) If the package lacks conformity, then provided the prerequisites set out in the following provisions have been met and unless otherwise provided, the traveller may

1.  demand remedy under section 651k (1),

2.  themselves remedy the lack of conformity and demand reimbursement of the expenses required under section 651k (2),

3.  demand remedy by other travel services being provided (alternative performance) under section 651k (3),

4.  demand that the costs of necessary accommodation be borne as set out in section 651k (4) and (5),

5.  terminate the contract on the basis of section 651l,

6.  assert the rights resulting from an abatement of the price of the package (section 651m) and

7.  demand compensation of damages in accordance with section 651n or reimbursement of futile expenses as defined in section 284.

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