In particular, the traveller shall have the right to terminate the package travel contract before the start of the package 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. In that case, the traveller will not have to pay any termination fee and he shall be entitled to a full refund of any payments made for the package. In November 2023, the European Commission presented a proposal for amending the PTD, also concerning the aforementioned Article 12(2). In this paper, I will analyse and discuss the regulation of the cited case of termination of the package travel contract, in the light of amendments proposed by the Commission and of the ECJ’s case law. This paper encloses the following topics. First, I illustrate the actual regulation on the «Termination of the package travel contract and the right of withdrawal before the start of the package» (Article 12(2) PTD). Then I will analyse the proposal for amending the PTD on this topic. In the final part, I develop some reflection considering the decisions of the Court of Justice of the European Union on the subject, the case law of some national court and the opinion of the scholars. II. THE RIGHT OF TRAVELLERS TO TERMINATE THE PACKAGE TRAVEL CONTRACT To start the analysis, it seems appropriate to recall the current wording of Article 12(2) of the Package Travel Directive. Article 12, titled «Termination of the package travel contract and the right of withdrawal before the start of the package», contemplates various hypotheses of termination of the package travel contract. In particular, § 2 in the first phrase states the following regulation: «Member States shall ensure 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». As stated the second part of the same paragraph, in the event of such termination of contract «the traveller shall be entitled to a full refund of any payments made for the package», but shall not be entitled to additional compensation. This 18 ANGELO VENCHIARUTTI
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