“Exceptional and unavoidable circumstances” within the meaning of Directive (EU) 2015/2302 – Business

Let’s set the context to understand the issue at stake. An Austrian couple decides to conclude, on May 13, 2020, a contract relating to the organization of a package trip with a specialized company. Travelers book a trip to the Maldives for the period from December 26, 2020 to January 2, 2021 and for a total price of €8,620. As of December 2020, the Maldives is under a maximum level travel warning by the Austrian Ministry of Foreign Affairs. Based on this recommendation, the company decides to terminate the contract and refund the deposit paid by the couple. One of the two contractors decides to seize the Graz Regional Court for Civil Law Matters (Graz Regional Civil Court) in order to obtain compensation of €21,821.82. The plaintiff bases this sum on various damages linked to a loss of approval concerning his leave. A doctor by profession, the client also felt that he had to close his practice and thus lost a certain amount due to the reservation of the travel contract. The request was rejected on July 13, 2021 by the court, which recalled that the Ministry of Foreign Affairs had issued a notice advising against any travel to the Maldives due to covid-19….