pandemic must be regarded as an extraordinary circumstance within the meaning of the Package Travel Act. 2.2.3 Unavoidable circumstance In order for a traveler to have the right to cancel a package without cancellation fee, the traveler shall prove that the situation is not only extraordinary, but also unavoidable. Since a worldwide pandemic lies outside of the control of both the traveler and the organizer, ARN established that the pandemic as a rule should be considered unavoidable within the meaning of the PTA. In doing so, the board notes that for bookings made before the pandemic was known, the pandemic has in most cases been unavoidable. There has been nothing that a traveler could do to avoid the efects of the pandemic. However, ARN thereafter notes that each case must be evaluated according to the specifcs of that case. ARN states that a circumstance that is known can not constitute an unavoidable circumstance within the meaning of the act. If a circumstance is known at the time of the booking, the traveler always has a choice not to book or to book a trip to another destination which is not afected. A traveler that books a trip to a destination, knowing that there is a wide spread of Covid19 or that the Ministry for Foreign Afairs’ advices against travels to that destination, should thus not have the right to cancel the trip without cancellation fee. 2.2.4 Signifcantly afecting the performance of the package In order for a traveler to cancel a package due to UEC, the traveler also must prove that the UEC signifcantly afects the performance of the package, i.e. that the impact of the pandemic signifcantly afects the specifc destination to which the traveler has bought a package or the transport to that destination. In one ARN case, the traveler had bought a trip to Japan. The traveler canceled the trip due to the pandemic and claimed a right to refund of the total price paid. The traveler referred to information in newspapers that several hundred citizens of Japan had been infected and that at the time of cancellation a cruise ship outside Japan was quarantined due to infection on board. The traveler also referred to recommendations from Japanese authorities to avoid large groups and that the schools in Japan had been closed. ARN found that the traveler referred to the situation in the country of Japan but did not address the situation in specifc places in Japan that the traveler should visit. In light hereof and since the traveler did not invoke any evidence in support of his claims, the board concluded that the traveler had not proved that she had a right to cancellation free of charge. Many cases have concerned the right to cancel a package since the traveler had to be quarantined on arrival at the destination. ARN has stated that the fact that travelers are quarantined means a very sharp restriction of travelers' freedom, since
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