International Convention on Travel Contracts (CCV)

Article 13
1. The travel organizer shall be liable for any loss or damage caused to the traveller as a result of non-performance, in whole or in part, of his obligations to organize as resulting from the contract or this Convention, unless he proves that he acted as a diligent travel organizer.

2. Without prejudice to the questions as to which persons have the right to institute proceedings and what are their respective rights, compensation payable under paragraph 1 shall be limited for each traveller to:
– 50.000 francs for personal injury,
– 2.000 francs for damage to property,
– 5.000 francs for any other damage.
However a Contracting State may set a higher limit for contracts concluded through a place of business located in its territory.

Article 14
Where the travel organizer himself provides transportation, accommodation or other services connected with the performance of the journey or sojourn, he shall be liable for any loss or damage caused to the traveller in accordance with the rules governing such services.

Article 15
1. Where the travel organizer entrusts to a third party the provision of transportation, accommodation or other services connected with the performance of the journey or sojourn, he shall be liable for any loss or damage caused to the traveller as a result of total or partial failure to perform such services, in accordance with the rules governing such services. The travel organizer shall be liable in accordance with the same rules for any loss or damage caused to the traveller during the performance of the services, unless the travel organizer proves that he has acted as a diligent travel organizer in the choice of the person or persons performing the service.

2. Where the rules referred to in paragraph 1 do not provide for a limitation of liability, compensation payable by the travel organizer shall be set in accordance with Article 13, paragraph 2.

3. In so far as the travel organizer has paid compensation for loss or damage caused to the traveller, he shall be subrogated in any rights and actions the traveller may have against a third party responsible for such loss or damage. The traveller shall facilitate the recourse of the travel organizer by providing him with the documents and information in his possession and, as the case may be, by assigning his rights to him.

4. The traveller shall have a right of direct action against a responsible third party, for total or complementary compensation of the loss or damage caused to him.

Article 16
The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel organizer or persons for whom the latter is responsible under Article 12 as a consequence of non-compliance with the obligations incumbent upon him under this Convention or under contracts subject thereto, wrongful acts or default being assessed having regard to a traveller’s normal behaviour.

CHAPTER IV
INTERMEDIARY TRAVEL CONTRACT

Article 17
Any contract concluded by a travel intermediary with a travel organizer or with persons providing separate services, shall be deemed to have been concluded by the traveller.

Article 18
1. Where the intermediary travel contract relates to an organized travel contract, it shall conform to the provisions of Articles 5 and 6, but in addition to the name and address of the travel organizer, it shall include the name and address of the travel intermediary together with a statement to the effect that the latter is acting as intermediary of the former.

2. Where the intermediary travel contract relates to the provision of a separate service rendering a journey or sojourn possible, the travel intermediary shall issue the traveller documents relating to such service, bearing his signature; instead of the signature, a stamp may be affixed. These documents or the invoice relating thereto shall mention the amount paid for the service and contain a statement that notwithstanding any clause to the contrary, the contract is subject to the provisions of this Convention.

Article 19
1. The travel document and other documents referred to in Article 18 shall be prima facie evidence of the terms of the contract.

2. A breach by the travel intermediary of the obligations incumbent upon him under Article 18 shall affect neither the existence nor the validity of the contract which shall remain subject to this Convention.
In the event of a breach of his obligations under Article 18, paragraph 1, the travel intermediary shall be deemed to be a travel organizer. In the event of a breach of his obligations under Article 18, paragraph 2, the travel intermediary shall be liable for any loss or damage resulting from such breach.

Article 20
The traveller may at any time cancel the contract, in whole or in part, provided he compensates the travel intermediary in accordance with domestic law or the provisions of the contract.

Article 21
The travel intermediary shall be responsible for the acts and omissions of his employees and agents when acting in the course of their employment or within the scope of their authority, as if such acts and omissions were his own.

Article 22
1. The travel intermediary shall be liable for wrongful acts or default he commits in performing his obligations, wrongful acts or default being assessed having regard to the duties of a diligent travel intermediary.

2. Without prejudice to the questions as to which persons have the right to institute proceedings and what are their respective rights, compensation payable under paragraph 1 shall be limited to 10.000 francs for each traveller. However, a Contracting State may set a higher limit for contracts concluded through a place of business located in its territory.

3. The travel intermediary shall not be liable for non-performance, in whole or in part, of journeys, sojourns or other services governed by the contract.

Article 23
The traveller shall be liable for any loss or damage caused by his wrongful acts or default to the travel intermediary or to persons for whom the latter is responsible under Article 21 as a consequence of non-compliance with the obligations incumbent upon him under this Convention or under contracts subject thereto, wrongful acts or default being assessed having regard to a traveller’s normal behaviour.

CHAPTER V
COMMON PROVISIONS

Article 24
The franc referred to in this Convention is the gold franc weighing 10/31 of a gramme and of a millesimal fineness of 0.900.

Article 25
Where the loss or damage caused by non-performance, in whole or in part, of an obligation under this Convention gives rise to an extra-contractual claim, the travel organizer or intermediary may avail himself of the provisions of this Convention which exclude his liability or which set or limit the compensation payable by him.

Article 26
Where the extra-contractual liability of one of the persons for whom the travel organizer or intermediary is responsible under Articles 12 and 21 is at issue, such person may also avail himself of the provisions of this Convention which exclude the liability of the travel organizer or intermediary or which set or limit the compensation payable by them; the total amount of compensation payable shall in no circumstances exceed the limits established under this Convention.

Article 27
1. A travel organizer or intermediary shall not be entitled to avail himself of the provisions of this Convention which exclude his liability or set or limit the compensation payable by him if the traveller proves that the loss or damage was caused by a wrongful act or default committed by the travel organizer or intermediary or by one of the persons for whom he is responsible under Articles 12 and 21 with the intention of causing the loss or damage or in a manner implying either a deliberate disregard or inexcusable lack of awareness of the prejudicial consequences which might result from such conduct.

2. Where special rules are prescribed by law, wrongful acts or default as referred to in paragraph 1 shall be assessed in accordance with those rules.

3. Paragraphs 1 and 2 shall apply as well to the extra-contractual liability of the persons referred to in Articles 12 and 21, if the wrongful act or default referred to in those paragraphs was theirs.

Author: international