INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW in paragraph 54 of this judgment, it is not sufficient for the traveller concerned, when he or she wishes to exercise his or her right to terminate his or her package travel contract without paying a termination fee, to rely on purely subjective assessments or fears" (Judgement p. 69). Thus, although the Court of Justice has clarified that subjective factors relating to the individual situation of the travellers may also be relevant for the assessment of whether the circumstances have a significant (essential/material) impact on the performance of the contract, the claimant, when bringing an action for the reimbursement of the amount paid for the package, must be based on objective circumstances relating to the situation of the travellers. For example, in the case heard before the national court, the contract for the organised tourist trip, the beneficiaries of which are also the Claimant's children, was concluded on 2020-02-10, when the information on the need to take additional security measures had already been made public on 2020-02-08. In presence of such circumstances, and in the absence of any objective evidence in the case that the circumstances have had a material impact on the individual situation of the travellers, the individual situation of the travellers would be of no material significance for the purpose of assessing the validity of the termination of the contract. The Court of Justice has also clarified that the assessment of the likelihood and magnitude of the effects within the meaning of that provision must be made from the perspective of the average traveller who is sufficiently informed, reasonably observant and discerning, a criterion which is applied in other areas of European Union law concerning consumer protection (see Judgement of 3 March 2020, in case C-125/18 Gómez del Moral Guasch, EU:C:2020:138, paragraph 51). In the light of all the above-mentioned, the Court of Justice, in its answer to the second question referred for a preliminary ruling, has clarified that the concept of "unavoidable and extraordinary circumstances that have significant effects on the performance of the package, or on the carriage of passengers to the destination" is not confined to the circumstances, which make it impossible to carry out the package, but also circumstances which, without preventing such a carrying out, make it impossible to carry out the package without endangering the health and safety of the travellers concerned, taking into account, where appropriate, the personal factors relating to the individual circumstances of those travellers. Such effects must be assessed from the perspective of the
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