Introduction

Covid-19 has distorted many people’s travel plans. Indeed, with numerous countries closing their airports and ports, many travellers have been forced to cancel their trips. The European Commission has issued guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19.

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What happens if I want to cancel my trip?

Cancelling a trip on one’s own initiative does not automatically entitle the person to a refund and indeed this depends on the type of ticket bought and the terms and conditions of the sale. Many carriers are offering passengers with vouchers for another trip with the same carrier and within a specified timeframe established by the carrier.

However, it is important to note that this drastically differs from a scenario where the carrier cancels the journey. In such case, the passenger has the right to choose between a voucher or a full refund of the price paid. Therefore, if the relevant carrier cancels your journey and offers only a voucher you are entitled to request a refund should you prefer this option.

Air Passenger Rights

In the case of a flight cancellation by the airlines, the airline is obliged to offer the passengers the choice among:

a) Reimbursement;

b) Re-routing at the earliest opportunity;

c) Re-routing at a later date at the passenger’s convenience.

Notably, with regards to reimbursement, in the event that the passenger books the outbound flight and the inbound flight separately and only the outbound flight is cancelled then in such scenario he is only entitled to be reimbursed for the cancelled flight. However, if these two flights were part of the same booking then he should be offered to be reimbursed for the whole amount.

Additionally, if the passenger opts for re-routing at the earliest opportunity, the passenger must be advised about any delays and/or uncertainties linked to their choice.

Right to care

If a flight is cancelled and the passengers choose to be re-routed at the earlies opportunity such passengers are entitled to be offered by the carrier the following care which must be free of charge:

a) Meal and refreshements;

b) Hotel accommodation;

c) Transport.

Right to compensation

Passengers have a right to a sum of compensation in certain circumstances. This does not however apply if the cancellation was made more than 14 days in advance of the flight or it was caused by an extraordinary circumstance which could not have been avoided. The EU Commission considers COVID-19 to be an extraordinary circumstance and therefore while passengers have a right to demand a refund or reimbursement in the event of a flight cancellation they do not have a right to demand compensation.

Package Travel

Where the passenger has booked a package travel and this is cancelled due to Covid-19 the passenger is entitled to demand a reimbursement of the full amount paid. Therefore, if the passenger is offered a voucher, he may ask to be paid for the full amount of the price instead of such voucher. In such instance, the passenger is entitled to receive the refund within 14 days. Notably, passengers are not entitled to any compensation beyond the refund.

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    Author

    Dr Nicole Galea

    Associate