Judgment_paragraph 35 · X v Kuoni Travel Ltd (C-578/19)

35Article 5(1) and (3) of Directive 90/314 thus limits the freedom of the parties to a package travel contract to determine the content of the contractual terms which apply to them, by making the organiser liable to the consumer in so far as concerns the proper performance of that contract. One of the special features of that liability is that it extends to the proper performance of the obligations arising under the package travel contract by suppliers of services. However, Directive 90/314 neither defines the concept of ‘supplier of services’, nor refers expressly to the law of the Member States in that regard.