Publication
Customer information on disruption to flights and package travel due to the COVID-19 pandemic
Published on
Last updated on
Published on
Last updated on
The COVID-19 pandemic has caused sudden and severe disruption to worldwide travel. Restrictions put in place by governments for reasons of public health have led to the disruption of the travel plans of many citizens with reduced flights scheduled and widespread cancellation of flights in many instances. The sudden halt to airlines services and surge in the volume of cancellation requests from customers has also put many service providers, airlines and tour operator/travel agents alike, under pressure as they attempt to deal with this unprecedented situation.
This information note provides guidance on the options available to customers who may wish to adjust or cancel their flight or package travel plans in light of the crisis, and provides links to other information sources that may be of use.
The Government advice continues to be that there are risks associated with international travel generally and in the context of the COVID-19 pandemic, and this is likely to remain the case for the foreseeable future. Up to date information on travelling to Ireland, which is subject to the prevailing public health situation, can be found on Gov.ie and RE-open EU . Full advice on travel matters can be found on the Department of Foreign Affairs website.
Please note that the Department of Transport does not intervene in or pursue customer queries directly with airlines, travel agents, tour operators or any booking agents.
However, the Department’s general advice in respect to air travel bookings and COVID-19 is as follows:
Under EU law (Regulation 261/2004 – also known as EU261), air passengers have the right to a refund or re-routing where an airline cancels their flight. Given the continued uncertainty relating to Covid airlines may be offering customers vouchers for flights at a later date or flight changes free-of-charge however fare or other costs differences e.g. differences in baggage fees may apply. The details of any offers or flexibilities in this respect are wholly at the discretion of the airline. Intending air passengers are strongly advised to make themselves aware of the terms and conditions prior to confirming their booking.
This does not change the situation under EU law that airlines are required to refund passengers within 7 days of a flight cancellation - except where the airline can prove that the cancellation was due to extraordinary circumstances outside of its direct control - if the customer does not choose rerouting at the earliest opportunity or rerouting at a later date.
Passengers should contact their airline directly in the first instance to receive a refund or arrange rerouting – airlines typically dedicated online forms for submission of EU261 claims. If passengers do not receive a satisfactory response from the airline within 6 weeks, the matter can be escalated to the relevant National Enforcement Body. For flights departing from Ireland on any airline (or for flights into Ireland on an EU airline departing a non-EU Member State) the Commission for Aviation Regulation (CAR) may be contacted.
Details of this complaint process and answers to frequently asked questions can be found at the Commission for Aviation Regulation’s dedicated website. For flights departing other EU Member States, the flightrights.ie website lists the contact details for the relevant enforcement body or bodies in each EU country
The Commission for Aviation Regulation has issued a guidance note on flight cancellations and refunds during the crisis.
Where an airline is unable to operate a flight and the flight is cancelled, passengers can avail of a refund or re-routing under Regulation 261/2004, as described above. However, if the flight goes ahead and the passenger is not able to or chooses not to take that flight, passengers, although not entitled to a refund under Regulation 261/2004, may be entitled to claim back the taxes/fees/charges portion of the ticket price depending on the terms and conditions of the booking. The airline should be contacted in the first instance. If this option is not available from the airline and if you have travel insurance, you may be able to claim from your insurer.
The conditions attached to any offers by airlines e.g. in the form of vouchers for booking flights in the future or cost and charges associated with a new flight booking are set by the airline itself. However, airlines operating in the EU are obligated to ensure that under EU Regulation 1008/2008 the final price of a flight with associated taxes and charges is always known to the consumer or clearly displayed e.g. within the online booking process before the consumer accepts to book.
The Package Holidays and Travel Trade Act 1995 give travellers the right to a refund of all payments where a package holiday is cancelled by the traveller or organiser due to unavoidable and extraordinary circumstances.
The government has introduced a short-term, emergency measure called a Refund Credit Note, which can be issued by travel agents and tour operators licensed by the Commission for Aviation Regulation, to their customers where a booking has been cancelled due to COVID-19 travel restrictions. By voluntarily accepting a Refund Credit Note customers will be able to book another package holiday in the future with your travel agent/tour operator and has important protections for the customer. The Refund Credit Note has been established by the Transport (Tour Operators and Travel Agents) Act 1982 (Disbursements from Fund) Regulations 2021 (SI 105 of 2021). Further guidance on the Refund Credit Notes is available here.
The Department of Business Enterprise and Innovation and the Department of Transport have made joint advisory guidance on the termination of package travel contracts.
The Competition and Consumer Protection Commission has information about your Package Travel and general travel consumer rights during Covid and further information on package holidays.
For more information regarding tour operators/travel agents licenced by the Commission for Aviation Regulation go to www.aviationreg.ie. The site has a searchable list of licensed agents and operators – see Booking a Holiday - Am I protected.
The European Consumer Centre (ECC) Ireland offers free advice and assistance to Irish consumers shopping for goods and services, including travel and package holiday services, in other European Union countries, as well as Norway, Iceland and the United Kingdom. Click here to find out about their services and how you can submit a complaint.to the ECC concerning traders in other EU countries as well as traders in Norway, Iceland and the United Kingdom.
The Citizens Information Board provides an overview of passenger rights here.