Case C-76/23 - Reimbursement in travel vouchers: The provision “required signed | written agreement” of the passenger was obtained by filling out an online form on the operator's website Carlos Torres1 1. Introduction. 2. The procedure for travel vouchers and other reimbursements. 3. The question for a preliminary ruling. In the recent ruling of 21 March 2024, in case C-76/23, the CJEU considers that the passenger gave his "written agreement" to the reimbursement of the ticket in the form of a travel voucher by filling out an online form on the website of the operating air carrier. However, despite stating that adding additional steps - an unfair procedure - is likely to make it more challenging to obtain a refund in the form of a sum of money, this elementary finding did not influence the decision. Keywords: Cancelled flight, consumer protection, reimbursement, travel voucher, online form, informed consent, clear and complete information. 1. INTRODUCTION According to the EU Law (Flight Compensation Regulation (EC) 261/2004), passengers are entitled to compensation of €250, €400 or €600 if their flight is cancelled, depending on the distance of the flight. The compensation must be paid in one of the following ways: 1) in cash; 2) via electronic bank transfer; 3) through bank orders; 4) by bank checks, or 5) with the passenger's signed agreement, through travel vouchers and/or other services [art. 7(3)]. The airline can choose any of the first four payment methods, including transferring the amount owed to a credit card or PayPal account. However, travel vouchers must be accepted voluntarily by the passenger in writing, expost and individually. Even in exceptional situations, such as the recent COVID-19 pandemic, passengers are not required to accept vouchers offered by airlines. Accepting vouchers ties the passenger to the specific airline and exposes them to the risk of insolvency and validity. Article 14 of DOI 10.60559/ijtthl2024-012 1 Estoril Higher Institute for Tourism and Hotel Studies, email: carlos.torres@eshte.pt.
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