(1) The organiser may, by agreement with the traveller, limit their liability for those damages to three times the price of the package that
1. do not constitute bodily injuries and
2. were not brought about culpably.
(2) Where international conventions or statutory provisions based on such conventions apply to travel services to be rendered by a service provider and stipulate that a claim for damages arises against the service provider, or that such a claim may be asserted against them, only subject to certain prerequisites or certain restrictions, or that it is excluded under certain prerequisites, then the organiser may also invoke this in relation to the traveller.
(3) Where the traveller is entitled vis-à-vis the organiser to a claim to compensation of damages or to the refund of an amount overpaid as the consequence of an abatement, the traveller must allow that amount to be credited against them that they have received as compensation for the same event or as a refund as a consequence of an abatement in accordance with international conventions or of statutory provisions based on such conventions, or in accordance with
1. Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ L 46 of 17 February 2004, p. 1),
2. Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations (OJ L 315 of 3 December 2007, p. 14),
3. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131 of 28 May 2009, p. 24),
4. Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ L 334 of 17 December 2010, p. 1) or
5. Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) 2006/2004 (OJ L 55 of 28 February 2011, p. 1).
Where the traveller already has received compensation of damages from the organiser or where an amount already has been refunded to them by the organiser as the consequence of an abatement, the traveller must allow the amount received to be credited against whatever is owed them as compensation for the same event or as a refund as a consequence of an abatement in accordance with international conventions or of statutory provisions based on such conventions, or in accordance with the regulations set out in sentence 1.