On air passengers’ rights to reimbursement or to compensation ex EU Regulation 261/2004 for flight cancellation in COVID-19 times 

On 18 March 2020, the European Commission issued a Communication C (2020) 1830 final, entitled « Interpretative Guidelines to EU passenger rights regulations in the context of the developing situation with COVID-19», including this statement : the Commission considers that, where public authorities take measures intended to contain the COVID19 pandemic, such measures are by their nature and origin not inherent in the normal exercise of activity and are outside their actual control.According the petitioner, the health emergency due to COVID19, as a case of force majeure outside the direct Airlines’ control, could be considered an exceptional circumstance only within a maximum of 5 or 6 weeks after WHO‘s announcement of the pandemic (on 11 March 2020); but it cannot be a defensible argument at more than a month after this announcement. So, in this prolonged legal uncertainty on the air passenger rights, many low-cost Airlines hide behind the extraordinary circumstances, even though they have cancelled the flights (sometimes, even at the last minute) for deferring, indeed refusing, to reimburse passengers in the forms and ways provided for by Regulation EU 261/04. And notwithstanding the clear guidelines on the air passenger’ rights concerning their tickets, updated on 14th of April by the Italian Civil Aviation Authority (ENAC) and the European Consumer Centre in Italy. In this regard, the petitioner mentions the abuse of unfair restrictive or deceptive clauses, such as the request of the proof of payment, the proposal of either a voucher or a change of flight, notwithstanding the current unpredictability on the remaining duration of the confinement period. He insists too on the lack of transparency on how to enjoy of reimbursement rights through accessible on-line forms or free international phone numbers. Last but not least, the defaulting low-cost Airlines continue to send him offers for new flights at bargain prices, as they are still pursuing their own marketing goals, even during COVID19 confinement period. For all these reasons, the petitioner asks EC for a new communication revising the former guidelines (18 March) on EU passenger’s rights in order to oblige Airlines to provide effective tickets reimbursement and only to offer alternatives, provided that they meet the real passengers’ needs and not the commercial airlines’ interests.