Section 3: Professional liability

I.-The professional who sells a tourist package mentioned in 1° of I ofarticle L. 211-1 is fully liable for the performance of the services provided for in this contract, whether these services are performed by himself or by other travel service providers, without prejudice to his right of recourse against the latter.

A professional who sells a travel service mentioned in 2° of I of Article L. 211-1 is automatically liable for the performance of the service provided for in this contract, without prejudice to his right of recourse against the service provider.

However, the professional may be exonerated from all or part of his liability by proving that the damage is attributable either to the traveller, or to a third party not involved in the provision of the travel services included in the contract, or to exceptional and unavoidable circumstances.

When an organiser or retailer pays damages, grants a price reduction or fulfils other obligations incumbent upon it, it may seek compensation from any third party who contributed to the event giving rise to the compensation, price reduction or other obligations.

II - The traveller informs the organiser or retailer, as soon as possible given the circumstances of the case, of any non-conformity noted during the performance of a travel service included in the contract.

The traveller may send messages, requests or complaints relating to the performance of the contract directly to the retailer through whom the trip or holiday was purchased. The retailer will forward these messages, requests or complaints to the organiser as soon as possible. For the purposes of compliance with deadlines or limitation periods, the date of receipt of messages, requests or complaints by the retailer is deemed to be the date of their receipt by the organiser.

III - If one of the travel services is not performed in accordance with the contract, the organizer or retailer shall remedy the non-conformity, unless this is impossible or involves disproportionate costs, taking into account the importance of the non-conformity and the value of the travel services concerned.

If the organiser or retailer does not remedy the non-conformity, in accordance with the previous paragraph, the traveller may request a price reduction and, in the event of separate damage, damages in application of article L. 211-17.

IV - Without prejudice to the exceptions set out in III, if the organiser or retailer does not remedy the non-conformity within a reasonable period set by the traveller, the latter may remedy it himself and claim reimbursement of the necessary expenses. It is not necessary for the traveller to specify a deadline if the organiser or retailer refuses to remedy the non-conformity or if an immediate solution is required.

V.-When a significant part of the travel services cannot be provided as stipulated in the contract, the organiser or retailer offers, at no extra cost to the traveller, other appropriate services, if possible of equal or higher quality than those specified in the contract, for the continuation of the contract, including when the return of the traveller to his place of departure is not provided as agreed.

If the other services offered result in a journey or stay of a lower quality than that specified in the contract, the organiser or retailer shall grant the traveller an appropriate price reduction.

The traveller may only refuse the other services offered if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.

VI - When a non-conformity considerably disrupts the performance of a trip or holiday and the organiser or retailer does not remedy the situation within a reasonable period set by the traveller, the latter may cancel the contract without paying cancellation fees and request, where applicable, in accordance with article L. 211-17, a price reduction and, in the event of separate damage, damages.

If it proves impossible to offer other services or if the passenger refuses the other services offered in accordance with the third paragraph of V, the passenger is entitled, if applicable, to a price reduction and, in the event of separate damage, to damages in accordance with article L. 211-17, without cancelling the contract.

If the contract includes the carriage of passengers, the organiser or retailer also provides the passenger, in the cases mentioned in the two previous paragraphs, with repatriation by an equivalent means of transport, as quickly as possible given the circumstances of the case and at no additional cost to the passenger.

VII - When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveller as provided for in the contract, the organiser or retailer shall bear the costs of the necessary accommodation, if possible of an equivalent category, for a maximum of three nights per traveller. If longer periods are provided for by European Union legislation on passenger rights applicable to the means of transport concerned for the return of the passenger, these periods shall apply.

VIII - The limitation of costs provided for in the previous paragraph does not apply to persons with reduced mobility, as defined in Article 2(a) of Regulation (EC) No 1107/2006, to persons accompanying them, to pregnant women and unaccompanied minors, or to persons requiring specific medical assistance, provided that the organiser or retailer has been informed of their special needs at least forty-eight hours before the start of the contract. The organiser or retailer may not invoke exceptional and unavoidable circumstances to limit liability under this Article if such circumstances are not available to the transport provider concerned under the applicable EU legislation.