RIGHTS OF CONSUMERS BEFORE TRAVEL CANCELLATION DUE TO CORONAVIRUS
In these moments of uncertainty due to the health alarm situation due to the Coronavirus (COVID-19), it is necessary to know the rights of consumers and how to enforce them.
Today we will talk specifically about the rights of consumers before the cancellation of air travel in application of Royal Decree 463/2020, of March 14, declares the state of alarm for the management of the health crisis situation caused by COVID-19.
190 / 5.000 Resultados de traducción The State Aviation Safety Agency (AESA) has already ruled on the Rights of passengers in the face of the Coronavirus emergency situation, in said statement they stated that: “The cancellation of flights by airlines due to the declaration of a global health emergency due to the spread of the coronavirus is considered an extraordinary circumstance, and therefore, as stated in European Regulation 261/2004 on Passenger Rights, there is no right to financial compensation. The cancellation of the ticket by the passenger is not contemplated by the European Regulation and therefore they have no right to information, assistance or reimbursement. Likewise, the refusal to carry passengers on a flight when there are reasonable grounds for the protection of public health cannot be considered a denial of boarding in the sense provided in Regulation 261/2004.” https://www.seguridadaerea.gob.es/lang_castellano/noticias_revista/noticias/200314_derechos_pasajeros_coronavirus.aspx
We have to differentiate between the cancellation of the flights by the companies and the cancellation of the ticket by the passenger
THE CANCELLATION OF FLIGHTS BY THE COMPANIES.
Air passengers who have been affected by flight cancellations by airlines due to the spread of the coronavirus, have the right to information, assistance and reimbursement or alternative transportation, in accordance with the provisions of Regulation (EC) No. 261/2004 of the European Parliament and of the Council of February 11, 2004, establishing common rules on compensation and assistance to air passengers in the event of denial boarding and cancellation or long delay of flights, and repealing Regulation (EEC) No. 295/91, have the following rights:
- Information: delivery by the airline of a form with the conditions of assistance and compensation.
- Assistance: enough food and drink, two phone calls or access to email and, if necessary, one or more nights of accommodation, as well as transport between the airport and the place of accommodation.
- Reimbursement of the amount of the trip or alternative transportation to the final destination, where the company must offer three alternatives.
As this reason is an extraordinary circumstance, there is no right to economic compensation.
If the passenger considers that the airline or company has not respected their rights, they can complain directly to it, and if they do not receive any response from the company or if the response does not satisfy their rights as a user, they can file a complaint. claim the State Aviation Safety Agency (AESA) without any cost. In order to attend to all doubts, the State Aviation Safety Agency has reinforced its “call center” to attend to passenger doubts by calling +34 91.396.82.10 from Monday to Friday from 8:30 a.m. to 2:30 p.m. situations that may arise. When the airline has not canceled the flight to one of the countries or areas that have been declared affected by the coronavirus (COVID-19), air transport users are recommended to consult the company or agency with which they have formalized their transport contract; check the terms and conditions of the contract; and, in the event that you have travel insurance, proceed to consult it in case you could cancel your flight.
THE CANCELLATION OF THE TICKET BY THE PASSENGER
Passengers who want to cancel the trip for fear of contagion from the Coronavirus, are recommended to do the following:
- Consult the policy to find out if benefits (health, transfers, displacement of family members, etc.) are excluded in epidemic situations. If you still do not have a travel policy, look for a policy that does provide assistance in these events.
- Keep all the travel documentation: transport title, proof of payment, contract with the agency and any information they consider relevant.
- If it is considered that the cancellation of the trip due to fear of the coronavirus is a cause of force majeure, you should reliably request the cancellation of the service considering that there are exceptional circumstances and force majeure.
- This request must be sent to the customer service department of the company or company, and keep proof that you have made it.
MARTÍNEZ CABALLERO LAWYERS TEAM