CJEU CASE C-299/22 M.D. V UAB TEZ TOUR charge, the fact remains that a lack of conformity involving poor performance of that package may be sufficient to give rise to such termination, provided that that lack of conformity "substantially affects" the performance of that package, in accordance with Article 13(6) of Directive 2015/2302.(point 51 of the judgment). How and to what extent and in what form the "substantial affect" on the implementation of the package is manifested is a question of fact to be analysed in the context of the specific facts. Thus, health risks can also be considered an extraordinary circumstance, but not in all cases. In assessing whether a "health risk" can be considered an unavoidable and extraordinary circumstance, it is essential to distinguish between the traveller's subjective and abstract suspicion, fear, prejudice and the objective reality. In order for a traveller to exercise the right of cancellation without payment of a cancellation fee, there must be a realistic likelihood of unavoidable and extraordinary circumstances at the place of destination which have a "substantially affect on the performance of that package "or on the "transportation of passengers to the place of destination". On this point one should agree with Philipp Binger. Der entschaedigungslose Ruecktritt gem. parag.651h Abs.3 BGB in der Corona- Pandemie//ReiseRecht aktuell, 5/2021, p. 208), who sets out the main factors for concluding that a health risk has been proven and is considered to be an "unavoidable and extraordinary circumstance": - The number of illnesses at the place of destination compared to the traveller's place of departure has increased significantly between the time of the conclusion of the contract and the termination of the contract (the factor of the number of people getting ill). It should be noted that recital 31 of the Travel Directive does not refer to an illness of any kind, but to an outbreak of a serious illness; - At the place of destination, after the conclusion of the contract, the authorities took effective action which effectively restricted access to places of interest, banned public transport, closed places of assembly, schools, etc. (factor of effective restrictions); - The authorities at the place of destination have taken political action which, without specifying a specific timeframe, is planned to restrict access to the destination or to the country
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