performance, mean that the package cannot be performed without exposing the travellers concerned to risks to their health and safety, taking into account, where appropriate, personal factors relating to the individual situation of those travellers; • a situation which, on the date of conclusion of the package travel contract, was already known to the traveller concerned or was foreseeable for him or her, cannot be relied on by that traveller as ‘unavoidable and extraordinary circumstances’ unless that situation has undergone significant changes after the conclusion of the contract, which themselves are capable of meeting the definition of the concept of ‘unavoidable and extraordinary circumstances’; • in determining whether unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity ‘significantly [affect] the performance of the package, or … significantly affect the carriage of passengers to the destination’, effects occurring at the place of departure and at the various places connected with the start and return of the trip in question may also be taken into account where they affect the performance of that package. In judgment C-584/22 – Kiwi Tours,23 the CJEU added that • to determine whether ‘unavoidable and extraordinary circumstances’ which have consequences ‘significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination’, account must be taken only of the situation prevailing on the date on which that traveller terminated his or her travel contract, meaning that all subsequent developments are irrelevant for the assessment the right of termination. Case C-546/22 – Schauinsland Reisen24 dealt with the organiser’s right of termination and clarfied that • in order establish that it is prevented from performing a package travel contract due to unavoidable and extraordinary circumstances, the organiser can rely on the publication, by the competent authorities, of an official recommendation advising travellers against travelling to the area concerned, even though the traveller declared that he or she 23 CJEU judgment of 29 Feb. 2024 in case C-584/22 – Kiwi Tours. 24 CJEU judgment of 4 Oct. 2024 in case C-546/22 – Schauinsland-Reisen. 7 THE NEW PASSENGER MOBILITY PACKAGE – HIGHLIGHTS AND LOW POINTS
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