INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW opinion of the average traveller, make the journey to and from the place of destination unsafe, inconvenient or cause the traveller a reasonable apprehension of a risk to health or of contracting a dangerous virus? 3. Is the right to terminate the contract without payment of a termination fee in any way (e.g. by withholding such a right; by applying stricter criteria for assessing the reasonableness of the adverse impact on the performance of the package, etc.) linked to the fact that the circumstances on which the traveller relies were already present, or at least foreseeable/expected, at the time of the booking? Should the criterion of reasonable foreseeability in the context of a pandemic take account of the fact that, although the WHO had already published information on the spread of the virus when the travel package contract [at issue in the main proceedings] was concluded, the course and consequences of the pandemic were difficult to predict, there were no clear measures for the containment and control of the infection, there were no sufficient data on the infection itself, and there was a marked increase in the dynamics of infection from the moment of booking the trip to the time of its termination? 4. In assessing whether, at the time of termination of a package travel contract, unavoidable and extraordinary circumstances exist at or immediately adjacent to the place of destination and have a significant impact on the performance of the package, does the term "place of destination or its immediate vicinity" cover only the State of destination or, having regard to the nature of the unavoidable and extraordinary circumstances- viral contagion, includes the country of departure, as well as the points related to the departure and return from the journey (connecting points, certain means of transport, etc.)? Before discussing each of the questions referred for a preliminary ruling by the national court and the Court of Justice's position on the interpretation of those questions, it should be noted that in the present case, the question of the distinction between exceptional circumstances and force majeure and the disclosure of their content was also raised.
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