still wished to proceed with the trip and that it would not have been objectively impossible for the organiser to perform that travel contract. However, such a recommendation cannot constitute compelling evidence in that regard. The Commission Proposal partly tries to implement this case law into the text of the Directive by referring to ‘reasonable expectations’ of the traveller25 and to official warnings against travel to a particular destination as ‘important elements to be taken into account’.26 Furthermore, the Commission suggests including circumstances ocurring at the place of the traveller’s residence. In my view, it does not appear to make much sense and does not necessarily add any legal value to ’implement’ interpretations of a provision by the CJEU by amending the wording - at least where the CJEU’s interpretation is already fully covered by the previous wording. In particular, the suggested provision stating that ‘official warnings … shall be important elements to be taken into account …’ lacks any legislative quality. It should be the task of the courts to consider the circumstances in each case. Regarding the refund to be made in case of a termination of contract, the Commission Proposal not only maintains the 14-day deadline which proved difficult (or almost impossible) to comply with during the Covid-pandemic but also intends to aplly this deadline, regardless of whether the traveller specifically asks for a refund.27 Another shortcoming of the proposal is the still inadequate definition of the term ‘unavoidble and extraordinary circumstances’ which only refers to sitiuations beyond the control of the party invoking that sitiuoin and the unavoidability of the consequences thereof even if all reasonable measures had been taken28 - but does not include any element referring to the requirement of the situation to be extraordinary.29 1.4. Vouchers During the Covid-pandemic, due to the high numbers of packages cancelled by either the travellers or the organisers, many orgnaisers had difficulties to reimburse the travellers within the short period of 14 days. The money paid 25 Article 12(2) CP 2023 PTD. 26 Article 12(3a) CP 2023 PTD. 27 Article 12(4) CP 2023 PTD. 28 Article 3 No. 13 PTD 2015. 29 See in detail Wukoschitz, „Extraordinary“ Legislative Shortcomings in the New PTD, in Franceschelli/Morandi/ Torres, The New Package Travel Directive [2017]. 8 MICHAEL WUKOSCHITZ
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