Finding a solution to ensure that passengers’ rights are respected while supporting the transport sector, which has been severely affected by the containment measures aimed at stopping the spread of the COVID-19 pandemic.
This is the demand made by a group of 21 MEPs from the Renew Europe group, including José Ramón Bauzá Díaz from Spain, the group’s coordinator in the European Parliament’s Transport Committee (TRAN), and Jan-Christoph Oetjen from Germany, shadow rapporteur on the revision of the EU regulation on air passenger rights (261/2004).
In a letter addressed to Transport Commissioner Adina Vălean, Justice Commissioner Didier Reynders, and Internal Market Commissioner Thierry Breton, the MEPs expressed concern that some airlines are “neglecting their obligations” and providing “misleading information to customers” about their rights in the event of cancellations. Cancellations have been on the rise over the last few days.
Right to opt for a refund
“Many airlines are not informing customers of their right to a full reimbursement of the ticket price paid and are rather offering a travel voucher for future credit”, the signatories complained.
Indeed, in the event of cancellation of a flight by an airline, the EU regulation on air passenger rights obliges the carrier to offer its customers the choice between “a refund, immediate re-routing, or subsequent re-routing at the passenger's convenience”. Regardless of the reason for the cancellation.
The Commission has taken care to reiterate this principle in the guidelines published on Wednesday 18 March (see EUROPE 12449/2) in order to reassure passengers that their rights are being protected.
According to the MEPs, although the carrier is entitled to offer a credit for future travel rather than a refund, it is incumbent on the carrier to inform customers that such an offer “cannot affect the passenger's right to opt for reimbursement instead”. The Commission also clarified these terms 2 weeks ago.
Airlines should therefore be required “to clearly display the right of customers to choose a cash refund on their COVID-19 information pages”, the signatories say.
Airlines under “great strain”
However, they say they are aware that airlines, which have been particularly affected by the health measures currently in place - Eurocontrol was still reporting an 87% drop in air traffic as of 30 March - are under “great strain” and are facing cash flow difficulties.
It is therefore understandable, MEPs point out, for it to take longer than usual to process a reimbursement. Indeed, they called on the Commission to consider, among other things, a temporary derogation from the provision obliging companies to make refunds within 7 days.
This would allow these companies “a reasonable timeframe to ensure that they are able to offer cash refunds”, the letter states.
Believing that, in this time of crisis, the airlines do not have enough cash to cover all refunded tickets, Dutch Infrastructure Minister Cora Van Nieuwenhuizen wrote to Dutch MEPs on Monday 30 March to inform them that Dutch airlines would not be obliged to refund cancelled flights.
In addition, she considered the temporary use of vouchers to be “an acceptable alternative”, while acknowledging that this decision is contrary to the European regulation.
The Commission has indeed indicated that this is an infringement of passenger rights.
“We are going to examine this very closely with the Member States in order to find a coordinated and balanced solution with all the parties concerned”, said Stefan de Keersmaecker, the institution’s spokesperson for Transport. (Original version in French by Agathe Cherki)