Dáil Éireann Debate, Tuesday - 14 July 2020
191. Deputy James Lawless asked the Minister for Transport, Tourism and Sport if he will offer guidance to persons who have booked overseas travel during the period of time when official health guidance is to avoid such travel but in circumstances in which the airlines and-or tour operators are refusing to offer compensation or credit for deferrals or cancellations; and if he will make a statement on the matter. [15037/20]
View answerAs the Deputy is aware, current Government advice to people is to avoid all non-essential travel overseas, based on the advices of our public health experts. However, there are no flight restrictions in place in Ireland, and there have not been any at any stage since the Government first responded to the threat from Covid-19. This means that the operation of flights remains a commercial decision for airlines. People can still travel if they consider that it is essential to do so and so long as they comply with self-isolation requirements on their return.
As things stand in law, air passenger rights are protected by Regulation (EC) No. 261/2004, which covers the rights of passenger in instances of cancellations. For information on the process for escalating complaints regarding refunds for cancellations to the Commission for Aviation Regulation visit www.flightrights.ie. If a flight goes ahead and a customer either cancels or does not use their ticket, they are not entitled to a refund under EU law. That said, I understand that the main Irish airlines are currently allowing customers who are booked to travel over the summer months to move their flights with zero change fee. Where flights are cancelled by the airlines, people are entitled to a full cash refund.
Under the EU Package Travel Directive, consumers have the right to a refund of all payments where a package holiday is cancelled by the customer or the organiser due to unavoidable and extraordinary circumstances. The Government's travel restrictions constitute such circumstances, and advice on this is available on the Department of Transport web site.
Whilst consumers are entitled to a full cash refund, they can also agree to accept a Refund Credit Note instead of cash. If they do, then the State will stand over the cash value of that Note in the event that the issuer goes out of business. If customers are having problems receiving their refunds from travel agents/tour operators they have recourse to the Competition and Consumer Protection Commission, who can be contacted at www.ccpc.ie or on their helpline 01 402 5555.
Clearly the existing consumer protections and legal obligations on airlines and the broader travel sector did not envisage the current circumstances of mass cancellations and stringent travel restrictions across the Globe. That has, not surprisingly, put the entire system under immense pressure and it is causing real difficulties for people and businesses. I am mindful that the options put forward by airlines may not be fair or workable for customers in all instances, and it is something that I will be raising with the industry at the first available opportunity.
