Below you will find answers to common questions received by the Commission during the COVID-19 pandemic, regarding passenger rights and package travel. The information has not been updated since the end of the pandemic. Any information on this page should not be considered as legal advice.
We would advise passengers to use different ways of contacting the carriers (by phone, by email or using social media). It is encouraged to take screen shots of any contact or attempt to contact the carrier in order to have a record of the time and date of the contact as well as documentation in the case of a potential claim.
Passengers can also turn to their local European Consumer Centre for advice or use different means of redress as explained below in question 10.
Whether or not a passenger is reimbursed or re-routed in such a case will depend on the type of ticket (i.e. refundable or not; possibility to rebook, etc.) as specified in the carrier’s terms and conditions. The EU passenger rights regulations on travel by rail, boat, bus or coach do not address situations where passengers cannot travel due to a refusal of carriage by the transport operator.
Whether or not a passenger is reimbursed or re-routed in the case of a missed transport service will depend on the type of ticket (i.e. refundable or not; possibility to rebook, etc.) as specified in the carrier’s terms and conditions. The EU passenger rights regulations only address situations where passengers cannot travel due to a cancellation or (in the case of air travel) are denied boarding by the carrier.
Passengers are advised to come to the airport well ahead of the scheduled departure time. Airports might provide an indication on their websites of the average time needed between the arrival at the airport and the departure of the flight. Regulation (EC) No 261/2004 only addresses situations where passengers cannot travel due to a cancellation or are denied boarding by the carrier. Whether or not a passenger is reimbursed or re-routed in the case of a missed flight will depend on the type of ticket (i.e. refundable or not; possibility to rebook, etc.) as specified in the carrier’s terms and conditions.
Whether or not a passenger is reimbursed or re-routed in the case of a missed flight will depend on the type of ticket (i.e. refundable or not; possibility to rebook, etc.) as specified in the carrier’s terms and conditions. Regulation (EC) No 261/2004 only addresses situations where passengers cannot travel due to a cancellation or are denied boarding by the carrier.
Passengers should check the applicable public health measures and related restrictions applied at the point of destination and ensure that they have all the necessary relevant documentation required by the Member State of destination. Please note that airlines and other cross-border passenger transport services might be required by national law to implement certain public health measures during the coronavirus pandemic.
Regulation (EC) No 261/2004 provides, as a general rule, that passengers who are denied boarding by the airline against their will, despite presenting themselves in time for check-in, have the right to compensation, the right to choose between reimbursement and re-routing, as well as the right to care.
However, pursuant to the Regulation, passengers do not enjoy those statutory rights if boarding is denied on reasonable grounds related to health, safety or security, or inadequate travel documentation.
A Member State of destination may require airlines to refuse carriage to passengers who are not in the possession of a COVID-19 test, vaccination or recovery certificate and who are also unable to prove otherwise that they fulfil the relevant requirements established by the Member State of destination. Such measures can constitute a reasonable ground for the airline to deny boarding. Airlines need to assess carefully if there are reasonable grounds for denying boarding to a passenger. Unless there are reasonable grounds to deny boarding, passengers will always retain their rights under Regulation (EC) No 261/2004.
Whether a passenger can nevertheless enjoy part or whole of the aforementioned rights in case of denied boarding on reasonable grounds will depend on the type of ticket as specified in the terms & conditions of the airline.
Under the EU passenger rights regulations, in the case of a cancellation by the carrier, passengers have the choice between reimbursement or re-routing. Reimbursement of the full cost of the ticket is due 7 days following the passenger’s request in the cases of air, sea and inland waterways transport, 14 days after the offer has been made or the request has been received for bus and coach transport and 1 month after the request of the passenger in the case of rail transport.
Regulation (EC) No 261/2004 on air passenger rights also provides that a passenger has a right to a fixed-sum compensation in case of cancellation, unless the passenger was notified thereof more than 14 days in advance or where the cancellation is caused by ‘extraordinary circumstances’ that could not have been avoided even if all reasonable measures had been taken. Please see the answer to question 17 for more information on the right to compensation during the coronavirus pandemic.
The Package Travel Directive provides for traveller rights in case of cancellation of a package travel contract by the traveller or the organiser. The traveller is entitled to a full refund of any payments made for the travel package. The organiser of the package must make the refund within 14 days following termination of the contract.
Under the passenger rights regulations and the Package Travel Directive, the reimbursement can be made in money or via a voucher. However, a voucher instead of reimbursement always requires the passenger’s or traveller’s agreement.
For more information on the rights for passengers or travellers in case of self-cancellation of tickets or travel packages, please see the answer to question 8.
The EU passenger rights regulations do not address situations where passengers cannot travel or want to cancel a trip on their own initiative. Whether or not a passenger is reimbursed in such cases will depend on the type of ticket (i.e. refundable or not; possibility to rebook, etc.) as specified in the carrier’s terms and conditions.
It is important to note that various airlines are offering vouchers to passengers who do not want to (or are not authorised to) travel anymore because of the coronavirus pandemic. Passengers can use these vouchers for another trip within a timeframe established by the carrier, depending on the terms and conditions of the carrier for such vouchers.
The Package Travel Directive provides that travellers have the right to terminate the package travel contract before the start of the package without paying any termination fee in the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the package, or which significantly affect the carriage of passengers to the destination. For further information, see advisory guidance on EU package travel rules in the context of COVID-19.
If the conditions above are not met (i.e. no unavoidable and extraordinary circumstances at the place of destination or its immediate vicinity that significantly affect the performance of the package, or which significantly affect the carriage of passengers to the destination) travellers still have the right to terminate the package travel contract before leaving, but they will have to pay a termination fee. Under certain conditions, the traveller may transfer the package travel contract to another person, subject to covering costs arising from such transfer. The best approach is to contact your travel agency or the organiser.
Under the EU passenger rights regulations, it is the operating carrier that has to fulfil its obligations vis-à-vis the passenger. In cases of travelling by air, this is either the air carrier with which the passenger has booked (i.e. with which it has concluded the contract of carriage) or another carrier that performs the flight on behalf of the carrier with which the passenger has the contract. In the case of air travel, please note that if the flight was booked as part of a cancelled package tour, reimbursement cannot be requested from the operating air carrier, but should be sought from the organiser of the package.
EU passenger rights regulations do not deal with intermediaries or any other entity through which the passenger might have purchased the ticket. Therefore, the question as to how passengers can claim their rights from an intermediary must be addressed by looking at the terms and conditions of the intermediary and the relevant national law. Given the large variety of these intermediaries, agents, booking platforms, ticket brokers, etc., no general reply can be given. In practical terms, in such situations passengers may find it useful to first claim reimbursement directly from the airline and address the intermediary only where there is a confirmation that the airline has paid to the latter.
You are entitled to receive your money back, if you so wish. Indeed, the carrier (or the organiser in the case of a cancelled package travel contract) should provide you with the option to choose between reimbursement in money or voucher. You could consider accepting a voucher if the conditions are attractive (e.g. protection against the insolvency of the issuer, if the value of the voucher is higher than the amount paid, reimbursable if it has not been used (redeemed) and other features).
If you think that your rights have not been respected, there are several ways in which you can seek redress.
In case of a stand-alone ticket (e.g. a flight), more information can be found for air, rail, ship and bus & coach. You can also find general information about different forms of consumer dispute resolution.
European Consumer Centres can also help and advise passengers and travellers that want to settle a dispute with a carrier or organiser based in another EU country.
Otherwise, you can assert your rights through national enforcement authorities (see contact lists for passenger rights and for package travel directive) or, as a last resort, before the national courts.
Please note that the European Commission does not have direct enforcement powers against individual operators in the field of passenger rights and package travel.
In the first half of 2020, several Member States adopted rules temporarily derogating from the Package Travel Directive or the passenger rights regulations, allowing traders to impose vouchers for cancelled trips, instead of reimbursing payments in money. The Commission opened infringement proceedings against those Member States and as a consequence, their national rules are now again in line with EU law.
Unfortunately, many consumers are still waiting to receive back their money for unused vouchers. The Commission has repeatedly urged Member States to make sure that all passengers and travellers who prefer reimbursement get their money back without further delay. Of course, all passengers and travellers who accepted vouchers which have reached the end of their validity without being used must receive their money back as well.
Please see question 10 on how you can assert your rights.
According to the Commission Recommendation on vouchers, vouchers should be:
- covered by insolvency protection – in case the carrier or the organiser becomes insolvent, while the voucher has not yet been used, the traveller or the passenger must be reimbursed by the insolvency protection guarantor of the carrier/organiser. The insolvency protection is to be set up at national level, either by the public or private sector (for example, it can be a fund or insurer).
- refundable if not redeemed: passengers and travellers should be entitled to reimbursement in money at the latest 12 months following the issuance of the voucher concerned and at any moment thereafter, subject to applicable legal provisions on time limitation. Vouchers (or the remaining amount) should be automatically reimbursed at the latest 14 days after the end of the validity period of the voucher, in case it has not (or only partially) been redeemed.
- flexible, for example, as regards the range of services for which vouchers can be used.
- transferrable to another passenger/traveller at no extra cost.
Important: The vouchers should indicate their validity period and specify all the rights attached to them. They should be available on a durable medium, for example through email or paper.
If you were unaware of your rights because the carrier/organiser did not offer you the choice between reimbursement and a voucher, this was not in compliance with the EU passenger rights regulations or the Package Travel Directive. However, EU law does not regulate what you can do if you have already accepted a voucher without having been properly informed about your rights. It is a question of national contract law if you can, for example, contest your acceptance.
Furthermore, such omission or misrepresentation of essential information could qualify as a misleading commercial practice, prohibited by the Unfair Commercial Practices Directive. Therefore, you can lodge a complaint with the relevant national enforcement authorities (see question 10 above).
You might also be able to avoid the contract based on national rules of contract law, arguing that you are not bound by the agreement to accept the voucher since you were misled.
You should consult the terms and conditions of the voucher with the carrier. The Commission recommends that voluntary vouchers should also provide passengers sufficient flexibility in the range of services for which vouchers can be used. Please also see the answer to question 12.
Reimbursement by means of a voucher can only take place if the passenger or traveller agrees to it. In all situations, it is important to check the specific terms and conditions of the proposed voucher before accepting it instead of reimbursement in money. Cruises fall under the EU legislation on package travel and the rights of passengers travelling by sea and inland waterway.
As explained in question 4, the Commission Recommendation on vouchers provides that carriers and organisers should automatically reimburse the amount of the voucher concerned to the passenger or traveller at the latest 14 days after the end of its validity period, if the voucher has not been redeemed. This also applies to the reimbursement of the remaining amount of the voucher concerned in the case of previous partial redemption.
Where the passenger accepted a voucher by signed agreement, the issuing carrier or trader’s terms & conditions and national law in principle apply as regards its redemption.
Where you were offered a voucher but did not accept it, see question 10.
Regulation (EC) No 261/2004 on air passenger rights provides for fixed-sum compensations to passengers in case of cancellations by the air carrier. This does not apply to cancellations made more than 14 days in advance or where the cancellation is caused by ‘extraordinary circumstances’ that could not have been avoided even if all reasonable measures had been taken.
In March 2020, the Commission adopted Interpretative Guidelines on EU passenger rights Regulations in the context of the developing situation with COVID-19, in which it clarified that under certain circumstances, a cancellation in the context of the COVID-19 outbreak can be due to ‘extraordinary circumstances’.
Cancellations solely based on commercial grounds cannot qualify as extraordinary circumstances. The air carrier must deliver the proof of the specific circumstances underlying the cancellation of the flight concerned, such as specific public health measures, and in particular entry or exit bans. The airline must also be able to prove that the cancellation could not have been avoided even if it had taken all reasonable measures.
EU regulation (EC) No 261/2004 provides, as a general rule, that passengers who are denied boarding by the airline against their will, although they have presented themselves in time for check-in, have the right to compensation, the right to choose between reimbursement and re-routing, as well as the right to care.
However, pursuant to the Regulation, passengers do not enjoy those statutory rights if boarding is denied on reasonable grounds related to health, safety or security, or inadequate travel documentation.
To limit the spread of the coronavirus, Member States have adopted various measures which impact EU citizens’ right to move within the EU. This may entail measures by the Member State of destination requiring airlines to refuse carriage to passengers who are not in the possession of a COVID-19 test, vaccination or recovery certificate and who are also unable to prove otherwise that they fulfil the relevant requirements established by the Member State of destination. Such measures can constitute a reasonable ground for the airline to deny boarding. Airlines need to assess carefully if there are reasonable grounds for denying boarding to a passenger. Unless there are reasonable grounds to deny boarding, the passenger will always retain the right to compensation, the right to choose between reimbursement and re-routing, as well as the right to care, since these rights cannot be limited or waived as set out in Article 15 of Regulation (EC) No 261/2004.
The EU Digital COVID Certificate is a digital proof that a person has either been vaccinated against COVID-19, received a negative test result or has recovered from COVID-19. It can be obtained free of charge (in electronic format or as a paper print-out) and is accepted in all Member States as of 1 July 2021. The certificate helps travellers to demonstrate that they fulfil the requirements under which Member States waive their current travel restrictions.
Passengers should in any event check the applicable public health measures and related restrictions applied at the point of destination and ensure that they have all the necessary relevant documentation required by the Member State of destination. Please note that airlines and other cross-border passenger transport services might be required by national law to implement certain public health measures during the coronavirus pandemic.
Whether a passenger can nevertheless enjoy part or whole of the aforementioned rights in case of denied boarding on reasonable grounds will depend on the type of ticket as specified in the terms & conditions of the airline.
Compliance with the EU passenger rights regulations is ensured at the national level by the National Enforcement Bodies (NEBs), which are responsible for monitoring and enforcing the application of the respective Regulation by carriers.
The National Enforcement Bodies should provide you with a legally non-binding opinion on the way to proceed.
Passengers could normally expect a reply from a National Enforcement Body within 3 to 6 months. The duration of an investigation could vary depending on the complexity of the case and the level of cooperation of the carrier. Note that National Enforcement Bodies may be more busy than usual in the current period.