THE ROLE OF TRAVEL AGENCIES FROM THE SPANISH PERSPECTIVE 301 The withdrawal of the traveller is contemplated in cases in which extraordinary circumstances concur that significantly affect the execution of the package travel contract. This may cover, for example, significant risks to human health such as the outbreak of a serious disease at the travel destination. Conditions which make it impossible to travel safely to the destination as agreed in the package travel contract such as Coronavirus pandemic. In those cases, travellers should be able to terminate the package travel contract at any time before the start of the package in return for payment of an appropriate and justifiable termination fee, taking into account expected cost savings and income from alternative deployment of the travel services. They should also have the right to terminate the package travel contract without paying any termination fee where unavoidable and extraordinary circumstances will significantly affect the performance of the package8. It is interesting to check the details of article 12 Directive (EU) 2015/2302 to understand the legal basis for the claim of travel agencies regarding the health crisis. This being the case, article 12 is reproduced below: Article 12 Termination of the package travel contract and the right of withdrawal before the start of the package 1. Member States shall ensure that the traveller may terminate the package travel contract at any time before the start of the package. Where the traveller terminates the package travel contract under this paragraph, the traveller may be required to pay an appropriate and justifiable termination fee to the organiser. The package travel contract may specify reasonable standardised termination fees based on the time of the termination of the contract before the start of the package and the expected cost savings and income from alternative deployment of the travel services. In the absence of standardised termination fees, the amount of the termination fee shall correspond to the price of the package minus the cost savings and income from alternative deployment of the travel services. At the traveller's request the organiser shall provide a justification for the amount of the termination fees. 2. Notwithstanding paragraph 1, the traveller shall have the right to terminate the package travel contract before the start of the package without paying any 8 Vid. Whereas 31, Directive (EU) 2015/2302.
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