The refund or change of the boarding pass: when and how is possible to get them
We have already seen what are the rights of passengers in cases of overbooking , cancellation or delay of flights, and actions at their disposal to get the right compensation for damages (to read the related article, click here ).
What happens, however, if the passenger, for reasons not attributable to the cancellation or delay of flights, can not (or waives) board the flight booked or is forced to interrupt the journey? You can delay the start or even ask for a refund of the amount spent for the booking?
To answer these questions, we must distinguish the cases in which the passenger wishes to change the ticket or ask for refund of the amount already paid.
The ticket refund
In the second case, under EC Reg. 261/2004 and of ENAC Passenger Bill of Rights , the existence of the traveler’s right (and of the family members with whom he was supposed to travel) to the reimbursement of the cost of the ticket depends on whether the causes that have made it impossible to start (or continuation of the trip) are to him:
- attributable (eg: late arrival at the airport, renunciation low, etc.);
- not responsible (for example, force majeure: accident, illness, death of a loved one, etc.).
In the first case, he will have to give the full repayment of the cost of the ticket, but will still be entitled to a refund of airport taxes and municipal and ministerial additional.
In the second case, instead, we must distinguish depending on whether the passenger:
- He has been unable to embark;
- He was forced to interrupt the journey already begun.
In the latter case he will be entitled to a refund of part of non-covered trip , while in one case the contract is deemed terminated and the carrier will be required to reimburse the traveler the ‘ full price of the ticket already paid (although the unexpected concerns his family).
However, to obtain a refund of fees paid, the passenger must:
- communicate promptly to the carrier due to hinder to the news of his departure or his family (eg the death of a spouse or a disease);
- furnish proof (for example, by sending a death certificate or disease).
The absence of just one of these assumptions may result in the failure to refund the ticket price or payment of the same (if booked but not yet purchased), unless the carrier agrees to take on another traveler to replace the first . In this case, the latter shall be entitled to reimbursement of the ticket.
Analyze all the circumstances which fix or limit the right to reimbursement of the ticket, you must add that the airlines exploit loopholes to their advantage, playing strictly all obligations on them, to limit lawlessness.
For example, in the General Conditions of Carriage made subscribe to the traveler, the Company may:
- arbitrarily determine the period within which the passenger must communicate hinder to the cause of the departure;
- choose to refund to the user by means of vouchers .
- etc.
Ticket changes
If the passenger is unable to board the flight on the reservation or ticket and decides to change his ticket, you will have to refer to the General Conditions of Carriage accepted before booking or buying your ticket.
In this case, therefore – the absence of a reference standard – each company can decide whether to allow the passenger to change his ticket and, if so, indicate the mode and / or terms .
Most of the international companies allows the passenger to delay the start, change the route or even be replaced by another passenger, provided that the information within an essential term and corresponds to a penalty and / or a supplement with respect to the initial cost.
The Board, therefore, is to always read carefully the general conditions of carriage before booking or buying any ticket, in order to choose the company that will guarantee greater protection in case of contingencies that may prevent the departure.
IN SUMMARY
If the passenger can not (or waives) board the flight booked, or you will ask for a refund of the amount already paid or exchange the ticket, provided that certain conditions are fulfilled.
If the refund request , the traveler will be entitled only if:
- the unexpected is determined by him causes not attributable (for example, the causes of force majeure);
- communicate promptly to the carrier due to hinder to the news of his departure or his family and will provide evidence (for example, by showing a death certificate or disease).
If the unexpected is determined by causes attributable to the passenger (eg: late arrival at the airport, as renunciation, etc.), He will only refund of airport taxes and municipal and ministerial additional.
In the event that the passenger wishes to change his ticket for any reason (passenger replacement, modification of the day or route), should refer to the General Conditions of Carriage accepted before booking or buying your ticket.
Most international companies allows the changing of the ticket, as long as the passenger information within an essential term and pays a penalty and / or a charge than the initial cost.
Firm Lawyer Marco Coscia provides comprehensive legal assistance to travelers wishing to change their flight or obtain a refund of the amount paid, thanks to the experience gained over time and the direct relationship with the legal departments of the most important Airlines .
