INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW appeared in the media that guests at a hotel in the UAE had been diagnosed with COVID-19 infection and on 2020-02-28, the "Reuters" news agency published information about the closure of two hotels in Abu Dhabi due to quarantine. By the end of February 2020, information on major developments related to the spread of COVID-19, both in Lithuania and globally, started to increase rapidly. When assessing the information of 2020-02-28 ex ante, it was not yet known to the Claimant, as already mentioned, the existence of exceptional circumstances is assessed on the date of the termination of the contract, which is established in the case file to have taken place on 2020-02-27. It is considered that the single case of COVID-19 infection recorded on 2020-02-27 in a hotel unrelated to the hotel where the Claimant had purchased accommodation cannot be considered as a substantial change of situation. It is also interesting, that the Court of Justice has also noted that it cannot be excluded that the situation may have changed substantially since the conclusion of the contract and differ from the situation of which the traveller concerned was aware or could reasonably have foreseen at the time of the conclusion of the contract, and that, in the event of such a changed situation, the traveller would be entitled to terminate the package travel contract without having to pay a cancellation fee. In interpreting the third question referred for a preliminary ruling, the Court of Justice states that a situation of which the traveller concerned was already aware or could have foreseen on the date of conclusion of the package travel contract cannot be referred to by the traveller as an "unavoidable and extraordinary circumstance" within the meaning of that provision; it must nevertheless be borne in mind that, given the fluid nature of the situation, it may have changed substantially since the conclusion of the contract, resulting in a new situation which may in itself fall within the definition of "unavoidable and extraordinary circumstances" within the meaning of that provision. 5. ON THE FOURTH QUESTION REFERRED FOR A PRELIMINARY RULING Article 12(2) of the Travel Directive states that "<...> the traveller shall have the right to terminate the package travel contract before the start of the package without paying any termination fee 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.". Prior to the judgment of the Court of
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