(1) Notwithstanding any abatement of price or notice of termination, the traveller may demand damages unless
1. the traveller is at fault for the package’s lack of conformity,
2. a third party who is neither a service provider nor involved in some other manner in providing the travel services covered by the package travel contract is at fault for the package’s lack of conformity, and the lack of conformity was not foreseeable to the organiser or was not avoidable, or
3. the package’s lack of conformity was caused by unavoidable extraordinary circumstances.
(2) If the package is frustrated or significantly impaired, then the traveller also may demand appropriate compensation in money for futilely expended holiday leave.
(3) Where the organiser is obliged to pay compensation of damages, they are to make payment without undue delay.