Collective Commentary about the New Package Travel Directive

ARTICLE 3 | MICHAEL WUKOSCHITZ 193 Therefore, Article 13 para 7 PTD 2015 also requires clarification of the meaning of “ unavoidable and extraordinary circumstances ” by the preliminary ruling of the CJEU. 4.3. Article 12 para 2 and 3 Article 12 PTD 2015 offers travellers the right to terminate their contracts cost- -free, and offer organisers the equivalent right of cancelling travellers’ contracts without penalties. The traveller’s right to terminate the package travel contract without having to pay any termination fee applies in the event of “ unavoidable and extraordinary circumstances ”: • occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package; or • which significantly affect the carriage of passengers to the destination 26 ; Whereas the organiser may terminate the contract with full refund of the paymentsmade for the package, without any liability for additional compensation, if they are prevented from performing the contract because of “unavoidable and extraordinary circumstances” 27 . In addition to problems arising from the odd definition of “unavoidable and extraordinary circumstances”, there also seems to be a disparity between the traveller’s right of termination which (apart from carriage) is limited to such circumstances as “at the place of destination or its immediate vicinity” and the organiser’s right of termination, which is not subject to any local restrictions. According to the wording of Article 12 para 2, unavoidable and extraordinary circumstances which significantly affect the performance of the package do not entitle the traveller to a free of cost termination – unless they occur at the destination or its “immediate vicinity”. There is no definition or even explanation given of what “immediate vicinity” actually refers to and the recitals 28 do not make any mention of this restriction. Without giving any reason, the legislator has introduced an unclear restriction which only applies to one party; leaving it once again to the CJEU to clarify the scope of the restriction. 26 Article 12 para 2 PTD 2015. 27 Article 12 para 3 lit b) PTD 2015. 28 In particular recital (31) which deals with the traveller’s right to terminate the contract.