AIR PASSENGER RIGHTS BEFORE, DURING, AND AFTER COVID-19 implementing such a route change would impose a disproportionate burden on the carrier given its current capacities.45 Until recently, it was unclear how tickets purchased through intermediaries would be treated in terms of ticket costs reimbursement. In other words, whether the amount considered would be the one actually received by the airline or the higher amount paid by the passenger to the intermediary. In the Harms46 case, the CJEU clarified that the ticket price considered for cost reimbursement includes the total amount paid by the passenger to the intermediary, meaning that the higher amount is taken into account.47 During the pandemic, the reimbursement of ticket costs proved to be an extreme financial burden for carriers, who were facing a significant number of such claims.48 As a possible solution, many carriers introduced vouchers, often even concealing passengers' right to cost reimbursement.49 Vouchers also gained popularity in national legislations, where some member states introduced them as a mandatory alternative, excluding the option for a cash refund.50 Nevertheless, at the EU level, the option of choice for passengers prevails. Vouchers are only possible under the condition that the passenger agrees to such an arrangement.51 e. Right to compensation Passengers have the right to compensation in case of denied boarding against their will52 and flight cancellations if they are notified less than two weeks before the departure, unless an alternative route is provided in accordance with the Regulation.53 Flight cancellation alone is not sufficient to receive compensation.54 According to the case law of the CJEU, passengers are also entitled to compensation if their flight arrives at the 45 Ibid., para. 60. 46 Case C-601/17, Dirk Harms of 12 September 2018. 47 Ibid., para. 20. 48 Court of Auditors, Special Report 15/2021: Air passenger rights during the COVID-19 pandemic, para. 12, p. 15. 49 Ibid., paras. 28-29, p. 22. 50 https://www.rijksoverheid.nl/documenten/kamerstukken/2020/03/30/aanwijzingaan-de-ilt-inzake-handhaving-verordening-eg-nr-261-2004 (20 January 2024). 51 COMMISSION RECOMMENDATION (EU) 2020/648 of 13 May 2020 on vouchers offered to passengers and travellers as an alternative to reimbursement for cancelled package travel and transport services in the context of the COVID-19 pandemic, para. 1, p. 4. 52 Art. 4(3) of the Regulation. 53 Art. 5(1)(c) of the Regulation. 54 Perriello, 2022, p. 62.
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