Originally Posted by
davidjohnson6
Flights will be formally notified to pax as cancelled just a few days before departure - at which point pax can claim a refund. If it's not formally cancelled, then airline can use T&Cs to state that only a voucher can be issued. It's all about trying to find ways to prevent negative cashflow and minimising the number of refunds so as to keep the airline alive long term, without breaking the law
There was something similiar going on with the Iceland volcano in 2010
Can they legally "
use T&Cs to state that only a voucher can be issued" though?
EC261 (
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261
N:HTML) states "
1. In case of cancellation of a flight, the passengers concerned shall: (a) be offered assistance by the operating air carrier in accordance with Article 8". Article 8 states "
1. Where reference is made to this Article, passengers shall be offered the choice between: (a) - reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought.." Article 7(3) states "
3. The compensation referred to in paragraph 1 shall be paid in cash, by electronic bank transfer, bank orders or bank cheques or, with the signed agreement of the passenger, in travel vouchers and/or other services." (my emphasis)
So my reading of that is that travel vouchers can only be offered with the signed agreement of the passenger. A way to get such agreement would be the terms and conditions agreed to at the time of booking. However, EasyJet's (for example), say in 5.5 (https://www.easyjet.com/en/terms-and-conditions) "
We will only pay refunds to the Booker using the original payment method" and their key terms (https://www.easyjet.com/en/terms-and...ions/key-terms) say "If we cancel your flight you can transfer to another available easyJet flight to the same (or a nearby) destination for free, or if you prefer you can get a full refund". The only mention of a voucher is in 5.3 of the terms which is in the context of cancellation due to serious illness or bereavement.
So in the example of EasyJet, what's the mechanism for them gaining passengers' consent to being reimbursed by vouchers?