The temporary closure of the national borders of many countries of the world, in order to curb the Covid-19 pandemic, caused an earthquake in the tourism sector and in particular the air sector.
While almost all flights have been canceled, passenger compensation arrangements vary from company to company.
The theory
"The flights are covered by the European regulation CE 261 dating from 2004, which constitutes the standard as regards protection of the air passengers", explains the Association of the defenders of the rights of the passengers (Apra). When an airline cancels a trip for an external reason, it must allow the passenger to choose "between the reimbursement of the ticket price (because it did not provide the paid service), or a new flight on a date later. It is not a courtesy, it is a law. "
Normally, Regulation 261/2004 also provides for a lump sum compensation ranging from 250 to 600 euros depending on the distance of the flight. However, this additional compensation is not due here since the Covid-19 pandemic was considered by the European Commission as a cause of exclusion as an "extraordinary circumstance".
Pandemic practice
Despite a clear legislative framework, the scale of the crisis created a wind of panic among carriers. “In the early days, when only China and Italy were affected by the epidemic, companies tended to offer direct reimbursement to passengers. But as soon as the other national borders started to close, they changed their policy, ”regrets Camille Bertrand, lawyer for the European Consumer Center (CEC) France.
Rather than giving users the choice, as provided for by law, many carriers warned them that the amount of their ticket was automatically converted into a voucher, possibly upgraded, to be used within a few months. And the specialist in air disputes specifies that this decision was supported by the governments of the Netherlands and Italy, in defiance of European legislation. The European Union has not yet backed down on passenger rights. But that could change.
Defend your interests
"In any case, do not try to cancel your flight yourself, you would be out of your pocket. Wait for the company to take care of it, then contact it in writing, using the form available on its website, to assert your rights, ”explains Me Mairesse, lawyer. Those who have received a voucher? "If its conditions of use are not satisfactory, you must notify the carrier of your refusal and invoke your right to reimbursement under European regulations", continues the lawyer specializing in air disputes. In view of the economic crisis, the expert however recommends showing "solidarity". Especially since there is no guarantee fund to compensate passengers in the event of the bankruptcy of an airline. Unless you have an urgent need for this money, it is therefore possible to negotiate better conditions for a voucher.
In all cases, it is essential to keep letters as evidence and to be patient. It will probably take several weeks to get a real answer. Otherwise, you will have to raise your voice by registered letter, then call on an association, legal insurance or a lawyer to defend your rights.
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