International Journal of Tourism, Travel and Hospitality Law 1|2024

INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW money subject to a procedure containing steps supplementary to the procedure for reimbursement by a travel voucher” is verified in this case. For the bank transfer method, in addition to the ticket number, surname, email address and telephone number that the company requested for the voucher, they must add a field for the IBAN. It made it easier for the travel voucher but worse for other modalities or reimbursement, requiring the passengers to contact their customer service in advance to examine the facts, with the inconveniences of long waiting times, costs, and a single language. This seems incompatible with the high level of consumer protection, a cornerstone of the Union. However, the CJEU considered that there was nothing to point to the behaviour described considering “the passenger is deemed to have given his or her ‘signed agreement ’to reimbursement of the cost of the ticket by a travel voucher where he or she has filled in an online form on the website of that air carrier, by which he or she chose such a means of reimbursement to the exclusion of reimbursement by a sum of money, where that passenger has been able to make an effective and informed choice and, accordingly, to give informed consent to the reimbursement of the cost of his or her ticket by a travel voucher rather than by a sum of money, which presupposes that the air carrier has provided to that passenger, in a fair manner, clear and full information as to the various means of reimbursement available to him or her.” For what CJEU (Third Chamber) ruled: “Article 7(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/ 91, read in conjunction with Article 8(1)(a) of that regulation and in the light of recital 20 of that regulation, must be interpreted as meaning that, in the event of cancellation of a flight by the operating air carrier, the passenger is deemed to have given his or her ‘signed agreement ’to reimbursement of the cost of the ticket by a travel voucher where he or she has filled in an online form on the website of that air carrier, by which he or she chose such a means of reimbursement to the exclusion of reimbursement by a sum of money, where that passenger has been able to make an effective and informed choice and, accordingly, to give informed consent to the reimbursement of the cost of his or her ticket by a travel voucher rather than by a sum of money, which presupposes that that air carrier has provided to that passenger, in a fair manner, clear and full information as to the various means of reimbursement available to him or her.”.

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