Posted on August 14 2020
There are many travelers, as on a visitor visa, who are stranded in the EU countries as they have imposed travel restrictions to combat the COVID-19 pandemic. To their knowledge and clarity, the EU Commission has published guidelines. This set of guidelines gives detailed information on the rights of passengers who are stuck in the midst of the COVID-19 pandemic.
Flight cancellations owing to travel restrictions
The options airlines are obliged to give a passenger whose flights are canceled due to COVID-19 are:
If re-routing is the option a passenger chooses, he/she may have to wait for a long time as the air traffic is uncertain as of now owing to the pandemic situation. So, attempting to re-route at the earliest chance could in fact take time. Rather it would be better for passengers to attempt re-routing at his/her convenience.
If the passenger chooses to get refunded, the following scenarios may play out:
Airlines can also issue a voucher to the passengers whose flights were canceled. The voucher can be used as a credit to be used to purchase another flight ticket from the same airline. It will not matter if there is a change in destination.
Compensation for flight delay
The EU regulation 261/2004 is to be understood to check out about compensation for flight delays. It says that in case an airline cancels a flight within 2 weeks prior to the date of departure, the passenger can claim compensation. But this is not applicable in case the cancellation resulted from extraordinary circumstances. COVID-19 travel restrictions come under extraordinary circumstances.
Also, in case the destination country imposes COVID-19 travel restrictions, rendering flights inoperative to that country, the passenger may not be able to claim compensation as it wasn’t the airline’s decision.
Compensation is available only for flights from EU airlines or flights to or from EU countries.
Voucher from airlines against cancellations
Airlines could opt to give passengers vouchers instead of reimbursement. Nevertheless, the passenger must finally have the opportunity to choose between a refund or a voucher.
With a voucher for the same amount as the passenger has paid for the ticket, he/she could use it to book a ticket even if it is not to the same destination or via the same route.
The EU Commission has given a few points as recommendations for the nature of airline vouchers. They are:
But since all airlines are following these guidelines, the passenger must check for the following before accepting the voucher to a reimbursement.
Airline not reimbursing the ticket upon flight cancellation
The passenger has all the right conferred by EU law to demand a full reimbursement for flights canceled. In case the airline refuses to reimburse, the passenger can resort to actions including written complaints and making the booking transaction void and fraudulent by collaborating with the bank.
But one thing to be considered is that in the event of overworked airline staff, the process of reimbursement may get delayed. But if there’s a denial or failure to reimburse, the passenger has ways to counter it.
Whether the airline offer care to the passenger
In case a passenger is affected by travel disruptions owing to incidents like the COVID-19 pandemic and is waiting to be re-routed, then it becomes the responsibility of the airline to offer the passenger care for free. This includes accommodation at a hotel, transportation to the hotel and meals, and refreshments. In case the passenger is disabled, the extra assistance necessary should be provided.
The airline must make sure that the passenger gets care in proportion to his/her needs and the time spent waiting. The price of the ticket should not influence the care given.
But it has to be noted here that if the passenger chooses to be reimbursed fully or to be re-routed at a later date of his/her choice, the airline isn’t obliged to provide care to such passengers.
The passenger canceling the trip
If the passenger cancels the trip, he/she is not eligible for automatic reimbursement. It will depend on whether the ticket is refundable or non-refundable. Other terms and conditions attached to the ticket will also count.
Passenger’s rights
As per the guidelines from the EU Commission in the context of COVID-19 situation, in case of the airline delaying the flight the passenger can:
The passenger doesn’t have the right to reimbursement or compensation if he/she cancels the flight by himself/herself.
If you are looking to Study, Work, Visit, Invest or Migrate to Europe, talk to Y-Axis, the World’s No.1 Immigration & Visa Company.
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