the package18 partly because of the general limtiation of downpayments itself. In my view, the issue is strongly related to insolvency protection: as long as payments are covered by insolvency protection, there is no urgent need for a limitation. In Austrian law, insolvency protection rules only allow up to 20% of the package as a downpayment, and the remaining payment earlier than 20 days before the start of the package.19 1.3. Termination of the package contract due to ‘extraordinary circumstances’ According to 12 PTD 2015, both, the traveller and the organiser, may terminate the package travel contract due to so called ‘unavoidable and extraordinary circumstances’. However, the requirements are slightly different: while the traveller’s right to terminate the contract requires 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,20 organiser may terminate the package travel contract if it is prevented from performing the contract because of unavoidable and extraordinary circumstances and notifies the traveller of the termination of the contract without undue delay before the start of the package.21 Contract termination due to exceptional circumstances has already been the subject of a number of cases before the CJEU: In C-299/22 – Tez Tour,22 the CJEU held that • the finding that ‘unavoidable and extraordinary circumstances’ have arisen at or in the immediate vicinity of the destination of a journey cannot be subject to the condition that the competent authorities have published an official recommendation advising travellers against travelling to the area concerned or an official decision classifying that area as a ‘risk area’; • the concept of ‘unavoidable and extraordinary circumstances … significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination’ of the trip in question, covers not only circumstances which make it impossible to perform that package but also circumstances which, without preventing such 18 Führich, Vorschlag der Kommission zur Ändrung der Reise-RL – Anzahlungen (Art. 5a), RRa 2024, 165 19 Sec. 4(4) PRV. 20 Article 12(2) PTD 2015. 21 Article 12(3) PTD 2015. 22 CJEU judgment of 29 Feb. 2024 in case C-299/22 – Tez Tour. 6 MICHAEL WUKOSCHITZ
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