cancelling the contract in the event of unavoidable and extraordinary circumstances at the destination or in its immediate vicinity that significantly affected the trip4. On 12 February 2020, the traveller notified the organiser of his decision to terminate the package travel contract due to the spread of the coronavirus and requested a refund of all amounts to which he was entitled. The organiser responded that it would refund only €81, after deducting cancellation costs, a position the traveller contested. Subsequently, on 4 March 2020, the agency informed him that the refund would be €302, as the airline allowed cancellation without charge. Even so, the organiser opposed the request, arguing that on the dates of termination and the trip, normal travel was possible, and that the traveller had accepted contractual terms that provided for administrative costs of 15% and other cancellation charges set by the service providers. III. THE OMISSION IN ARTICLE 5 NPTD Based on the facts presented, it follows that the parties operate within the framework of paragraph 1 of Article 12 (unjustified termination, by the mere will of the consumer, not justified by any defect in the trip), whereas paragraph 2 concerns a situation in which the refund is full, given the verification of causes that objectively affect the completion of the trip. In paragraph 1 of Article 5, under the heading “pre-contractual information”, point g) states: “1. Member States shall ensure that, before the traveller is bound by any package travel contract or any corresponding offer, the organiser and, where the package is sold through a retailer, also the retailer shall provide the traveller with the standard information by means of the relevant form as set out in Part A or Part B of Annex I, and, where applicable to the package, with the following information: …. g) information that the traveller may terminate the contract at any time before the start of the package in return for payment of an appropriate termination fee, or, where applicable, the standardised termination fees requested by the organiser, in accordance with Article 12(1);” However, no reference is made, either in the same paragraph or in another, 4 A situation distinct from the previous one, as foreseen in paragraph 2 of article 12, entitling the traveller to a full refund of payments made for the package holiday. 39 THE PRINCIPLE OF PARTY AUTONOMY GUIDING THE CIVIL PROCEDURE
RkJQdWJsaXNoZXIy MTE4NzM5Nw==