European Court of Justice (Photo: Cédric Puisney from Brussels).
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ECJ: Refund instead of vouchers for flight cancellations without consent

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The European Court of Justice (ECJ) has made it clear that airlines must refund ticket prices within seven days of cancelled flights if the passengers concerned have not given their express consent to vouchers as a form of reimbursement. This corresponds to the EU Air Passenger Rights Regulation. A loyalty account alone does not count as consent, as the judges in Luxembourg decided (case: C-642/23).

According to the ruling, consent to vouchers must be given on a voluntary basis, for example by filling out a form on the airline's website. However, simply creating a customer account to participate in loyalty programs is not enough to justify travel vouchers as a form of reimbursement. With this decision, the ECJ strengthens the rights of air travelers and limits the ability of airlines to pressure customers into alternatives to cash refunds.

The case was submitted to the European Court of Justice by the Düsseldorf Regional Court, which must now decide on the specific dispute taking into account the interpretation of European law. The passenger rights portal Flightright filed the lawsuit on behalf of a passenger who had assigned his rights to the portal. The decision has a signal effect for similar disputes in Europe.

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