Collective Commentary about the New Package Travel Directive

188 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE particular meaning of the term, “unavoidable and extraordinary circumstances” in the meaning of the PTD 2015 do not have to be “outside the ordinary”. Therefore, according to the definition in Article 3 para 12, events that are inherent in the normal exercise of the activity of the organiser of a package can still constitute “unavoidable and extraordinary circumstances” as long as they are beyond the control of the organiser, and their consequences could not have been avoided despite all reasonable measures being taken. The following section will illustrate what this situation means in regards to the respective articles of the PTD 2015 in which the term “unavoidable and extraordinary circumstances” is used. It will be followed by an excursus on the Coronavirus crisis, a situation which has brought a new focus on the concept of “unavoidable and extraordinary circumstances” in the light of a unique and almost worldwide exceptional situation. 4. ARTICLES OF THE PTD 2015 USING THE TERM “UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES” 4.1. Article 14 para 3 Article 14 PTD 2015 deals with the traveller’s rights of price reduction and compensation for damages which the traveller sustains as a result of any lack of conformity. Paragraph 3 of the Article reads as follows: “The traveller shall not be entitled to compensation for damages if the organiser proves that the lack of conformity is: (a) attributable to the traveller; (b) attributable to a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or (c) due to unavoidable and extraordinary circumstances”. If we compare the liability of the organiser for damages sustained by the traveller as provided in the PTD 1990 and the new PTD 2015, we get the following picture: