A declaration by an organiser of a tourist package or by a professional facilitating a tied travel service that he is acting exclusively in his capacity as provider of a travel service, as an intermediary or in any other capacity, or that a package or a tied travel service does not constitute a package or a tied travel service, does not release that organiser or professional from the obligations imposed on him by this chapter.
Contractual provisions or declarations made by the traveller which, directly or indirectly, constitute a waiver of the rights conferred on travellers or a restriction of these rights, or which are intended to avoid the application of this chapter, are not enforceable against the traveller.