is because the cause of the termination of the contract is not attributable to the organiser; therefore, it is not among those for which the organiser could be liable. The rules just mentioned present several interesting aspects. Here, I would merely like to emphasize the following. Firstly, the provision represents an innovation compared to the content of the Directive 90/314/EEC: the previous (and repealed) directive on package travel did not provide the traveller with a right to withdraw in such circumstances2. In other words, in the context of strengthening the rights of consumers of package travel contract, the second paragraph of Article 12 of Directive 2015/2302 enables the traveller to terminate the package travel contract without paying any termination fee. As far as the analysis of the content of the regulatory provision is concerned, it seems appropriate to highlight the following points. The ‘unavoidable and extraordinary circumstances’ to which the PTD refers are relevant only in so far as they have arisen after the conclusion of the contract and have an objective effect on the package tour. These ‘unavoidable and extraordinary circumstances’ are also only relevant if they have a substantial impact on the package travel: as, for example, when they make «it impossible to travel safely to the destination as agreed in the package travel contract»3. Significant is also the terminological choice made by at European Union level to identify the grounds justifying the termination of the contract. The European legislator uses the expression ‘unavoidable and extraordinary circumstances’. It appears nominally autonomous with respect to the legal traditions of national legal systems: where “force majeure” appears to be more widely used to define such circumstances. As some commentators have pointed out, the European legislator would have made such a choice in order to ensure a uniform application throughout the territory of the European Union4. Article 3(12) of the Directive provides a definition of the expression under analysis. The paragraph identifies the ‘unavoidable and extraordinary circumstances’ as «a situation beyond the control of the party» who invokes such 2 For Article 4(5) Dir. 90/314/EEC, the consumer could withdraw from the contract without penalty if the organizer before the departure was constrained to alter significantly any of the essential terms, such as the price. 3 See recital 31 of the Directive. For Italian case law, in the force of the national legislation implementing Directive 90/314/ECC. 4 Among italian comments, see A. PEPE, Circostanze eccezionali» ed esonero da responsabilità del tour operator nella nuova direttiva viaggi, in A. FINESSI, La nuova direttiva europea dei contratti di viaggio. La direttiva 2025/2302/ UE e le prospettive della sua attuazione nell’ordinamento italiano, Napoli, Jovene, p. 148 ff; 19 TERMINATION OF THE PACKAGE TRAVEL CONTRACT DUE TO UNAVOIDABLE
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