performance of the package, this purpose will be jeopardised. Travellers should also be able to terminate the package travel contract both when performance becomes impossible for objective reasons and when it becomes impossible for subjective reasons, but on different legal grounds. In Case C-299/22, the EUCJ provided that personal factors relating to the individual situation of travellers could be taken into account, where appropriate, to assess the notion of ‘‘unavoidable and extraordinary circumstances … significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination’ of Article 12(2) of Directive 2015/2302. However, the Court made clear (following the Advocate General’s conclusion31) that 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 fears32. According to Directive 2015/2302/EU, personal impediment therefore does not entitle the traveller to withdraw. VIII. AS A CONCLUSION By way of conclusion. In today’s law of the Courts, a very marked hiatus continues to exist. Directive 2005/2302/EU (Article 12(2)), on the other hand, establishes a protection for the traveller in relation to unavoidable and extraordinary circumstances, occurring after the conclusion of the contract that objectively affect the package. For Italian case caw, there is the technique of protecting any contingency not attributable to the traveller that frustrates, or hinders, the purpose of the holiday that the same traveller has planned. The sign of some judgments (details of which are given in the footnote) should lead one to reconsider the problem33. A problem that, reduced to its essentials, becomes 31 Opinion of Advocate General Medina 21 September 2023, C‑299/22, § 46: «The consideration of subjective factors for the purposes of the assessment of the impact of the ‘unavoidable and extraordinary circumstances’ should not be confused with mere feelings of fear or anxiety regarding the consequences of such circumstances. It must be possible to verify the traveller’s needs depending on his or her health or family situation». 32 CJEU 29 February 2024, C-299/22, § 69. 33 Tribunale Roma 23 August 2023, in DeJure, held that the acute otitis suffered by the traveller fulfilled the conditions for termination of the contract for reasons not attributable to the contractor; Tribunale Torino 2 October 2014, in DeJure, on the gratuitousness of the withdrawal from the honeymoon to assist the mother suffering from a severe stroke in the run-up to departure; Tribunale Milano 19 April 2002, in Diritto del Turismo, recognised the right to a refund of the full amount paid to a traveller who, as a consequence of the attack on the Twin Towers, withdrew from a package tour: the traveller had not felt like risking his life by boarding a plane that could have been hijacked by 29 TERMINATION OF THE PACKAGE TRAVEL CONTRACT DUE TO UNAVOIDABLE
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