1.Member States shall ensure that the traveller has the right to 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, provided that the contract stipulates that such a fee can be charged.
The package travel contract referred to in the first subparagraph 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 form of fixed amounts or percentages of the package price, or by a similar method of calculation; or
specify that the termination fee corresponds to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount, as agreed by the parties.
If the package travel contract provides that a termination fee can be charged but contains no further specifications, the termination fee shall correspond to the price of the package minus relevant cost savings and income from alternative deployment of the travel services, or to a lower amount as agreed by the parties.
At the traveller’s request, the organiser shall provide a justification for the applicable 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 termination fee where it can reasonably be expected that the performance of the package travel contract will be significantly affected by unavoidable and extraordinary circumstances occurring at the place of departure or occurring at the place of destination or its immediate vicinity, or affecting the traveller’s journey to or from that place of destination. If the package travel contract is terminated in accordance with this paragraph, the traveller shall be entitled to a full refund of any payments made for the package but shall not be entitled to additional compensation.
3.The organiser may terminate the package travel contract and provide the traveller with a full refund of any payments made for the package, but shall not be liable for additional compensation, if:
the number of persons enrolled for the package is smaller than the minimum number stated in the contract and the organiser notifies the traveller of the termination of the contract within the period fixed in the contract, but not later than:
20 days before the start of the package in the case of trips lasting more than six days;
seven days before the start of the package in the case of trips lasting between two and six days;
48 hours before the start of the package in the case of trips lasting less than two days;
or
the organiser 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.
4.The organiser shall provide any refunds required under paragraphs 2 and 3 or, with respect to paragraph 1, reimburse any payments made by or on behalf of the traveller for the package minus the appropriate and justifiable termination fee. The organiser shall make such refunds or reimbursements to the traveller without undue delay and, in any event, not later than 14 days after the package travel contract is terminated, without the need for any prior request by the traveller. Where the traveller’s payment details are no longer valid, that 14-day refund period shall start to run from the moment that the traveller has provided the organiser with the correct payment details.
Where, within 14 days after the termination of a package travel contract under paragraph 1, 2 or 3, the organiser and the traveller agree on a substitute package of an equivalent or higher quality, the traveller shall not be entitled to a refund or reimbursement. If the traveller accepts a substitute package of a lower quality or cost, the organiser shall refund to the traveller the amount corresponding to the difference between the higher price paid and the lower price of the substitute package not later than 14 days after the agreement on the substitute package.
Where Member States introduce or maintain mechanisms aiming to ensure that refunds to travellers are made following the termination of package travel contracts in accordance with paragraphs 2 and 3 of this Article within the time period laid down in the first subparagraph of this paragraph, they shall inform the Commission and the central contact points of the other Member States referred to in Article 18(2) about those mechanisms.
5.With respect to off-premises contracts, Member States may provide in their national law that the traveller has the right to withdraw from the package travel contract within a period of 14 days without giving any reason.