However, the CJEU has held that the concept of ‘unavoidable and extraordinary circumstances’ is akin to the concept of ‘force majeure’ in the sense of abnormal and unforeseeable circumstances beyond the control of the party claiming it, the consequences of which could not have been avoided despite the exercise of all due diligence. Despite the absence of any reference to force majeure in Directive 2015/2302, the concept of ‘unavoidable and extraordinary circumstances’ gives concrete expression to and constitutes an exhaustive implementation of the concept of ‘force majeure’ in the context of that directive.73 Furthermore, the CJEU has held that the terms ‘unavoidable and extraordinary’ referred to in Article 3(12) of Directive 2015/2302 relate only to situations which were unforeseeable.74 An organiser can therefore not refer to ‘unavoidable and extraordinary circumstances’ where the lack of confomity is due to measures by a public authority if those measures were adopted following a procedure which enabled the organiser concerned or any travel service providers, to be aware of them in good time before their implementation75 or where the organiser or the respective service providers contributed to the authority’s decision.76 IV. LIMITATION OF LIABILITY Article 14 (4) deals with the conditions under which the liability of the organiser is limited or can be limited. "e provision distinguishes between • limitation of liability according to international conventions binding the Union; • potential limitation of liability according to international conventions not binding the Union; and • the possibility of a contractual limitation of liability. 1) International conventions binding the Union If international conventions binding the Union provide for limited liability of a provider carrying out a travel service which is part of a package, the organiser can invoke the same limitations. "is includes in particular 73 CJEU judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 64. 74 CJEU judgment of 29 Feb. 2024 in case C-299/22 – Tez Tour, EU:C:2024:181, margin 74; judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 65. 75 CJEU judgment of 23 Oct. 2025 in case C-469/24 – Tuleka, margin 73. 76 GCEU judgment of 21 Jan. 2026 in case T-134/25 – D, ECLI:EU:T:2026:35., margin 36. 358 COLLECTIVE COMMENTARY ABOUT THE NEW PACKAGE TRAVEL DIRECTIVE
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