The Legal Impacts of COVID-19 in the Travel, Tourism and Hospitality Industry
6 COVID-19 pandemic 13 . The guidelines remind us that, regardless of whether compensation is payable, the air passenger is entitled to reimbursement of the ticket price or rerouting to reach his final destination, at the earliest opportunity or a later date at the passenger’s convenience, as well as care and assistance, in case his flight has been cancelled. It is clear that the guidelines preserve the passenger's right to choose between monetary refund and rerouting. It is also worth mentioning that if the passenger opts for reimbursement of the full cost of the ticket or for rerouting at a later date at his convenience, the right to care ends (Article 5(1)(b) in conjunction with Article 8(1)(c) of the Air Passenger Rights Regulation); the right to care is without time only if the passenger has to wait for a rerouting at the earliest convenience ( ibidem ). In other words, the claim to care expires only if the passenger opts for a refund and is, otherwise, without time restrictions for as long as the passenger waits for alternative transportation. Several European airlines follow misleading and unfair commercial practices, such as forcing passengers to accept vouchers for their cancelled flight, instead of allowing them to claim a direct reimbursement. These airlines omit their responsibility, deriving from the Air Passenger Rights Regulation, to adequately inform passengers on their rights, in the event of cancellation of flights, among others, so that passengers can effectively exercise their rights (Article 14 and Recital 20 of the Preamble of the Air Passenger Rights Regulation). Moreover, some Member States are introducing unlawful measures to force passengers to postpone their reimbursement claim for several months and to accept vouchers instead of a monetary refund. However, the current EU rules on passenger rights in all means of transport are clear 14 : passengers have a right to claim reimbursement if their flight or train or ferry or bus trip is cancelled due to no fault of their own. II.2. Current Greek Legal Framework Regarding Passengers’ Rights in Case of Flight Cancellations 13 European Commission, Communication from the Commission - Interpretative Guidelines on EU passenger rights regulations in the context of the developing situation with Covid-19 , Brussels, C(2020) 1830 final, 18 March 2020. Available at: https://ec.europa.eu/transport/sites/transport/files/legislation/c20201830_en.pdf ( accessed on 26/04/2020). 14 Sprecher David, Voucher ou remboursement? Les compagnies n'ont aucun droit de modifier cette situation..., Tourmag.com , [online], 19April 2020. Available at : https://www.tourmag.com/Voucher-ou-remboursement-Les- compagnies-n-ont-aucun-droit-de-modifier-cette- situation_a103281.html?fbclid=IwAR1jWlyQwHDmlNnCYwYufmHGWC5ePTfZGeM2OY-M- NmzkD_Wew7XVHiIKgg ( accessed on 20/04/2020).
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