With no end date in sight for coronavirus travel restrictions being lifted, many carriers are laying off or furloughing up to 90 percent of employees as demand continues to plummet, according to Christian Nielsen, chief legal officer at AirHelp.
"COVID-19 has caused a major change in the industry, and as a passenger rights company, AirHelp is concerned that airlines are ignoring travelers' rights more than ever before-as seen recently with airlines pushing for vouchers instead of cash refunds for canceled trips," he said. "In this time of crisis, it has become even more evident that airlines are disregarding travelers' rights to save on costs."
He added, "A short-term crisis cannot be used as an excuse to reduce traveler protections for the long-term. Only time will tell, but at AirHelp, we are hopeful that passengers will be treated fairly and that government bodies will step in to make sure airlines do not unfairly raise prices or take advantage of travelers."
If travelers' trips are canceled due to coronavirus travel restrictions, they have a right to a refund on their tickets. However, there is currently a caveat to those rights, Nielsen said. "Typically, travelers have a right to compensation, but together at AirHelp and The Association of Passenger Rights Advocates (APRA), we realize that the scope of the crisis has expanded beyond airlines' control and have therefore decided not to put these claims forward to airlines," he said.
Meanwhile, Nielsen detailed a regular disruption regulation, EC 261, a European law that protects travelers on flights to European Union destinations on European airlines, and any flights out of the European Union.
"All U.S. travelers on trips out of Europe, anyone departing to the U.S. and arriving in Europe on a European carrier, or any traveler with a connection in the EU is covered by this regulation," he said. "It mandates that travelers can claim compensation for disruptions that were avoidable by the airline, including last-minute cancellations, delays that are three hours or longer, or boarding denials. In a lot of situations, passengers can claim up to $700 in compensation from the airline, and this compensation is on top of a refund for a canceled trip. On average, claims can be filed for up to three years after an incident takes place."
Airlines are required to compensate eligible travelers, and are exempt if and only if a disruption was caused by extraordinary circumstances, Nielsen said. "Examples of extraordinary circumstances include disruptions due to sabotage, terrorism or bad weather. With APRA, AirHelp has decided to make airlines exempt from these obligations for flights that were disrupted due to COVID-19."
While only "time will tell, [and with] the assistance of AirHelp, we are hopeful that passengers will be treated fairly and that government bodies will step in to make sure airlines do not unfairly raise prices or take advantage of travelers."
Arguably, when and how the airline industry will recover remains uncertain at best. "We can't be sure what is next for recovery, but we are hopeful that in the next few months the world will succeed in stopping the [COVID-19] spread and that events will be rescheduled and demand for travel will rebound while making sure everyone is remaining safe," Nielsen said.
In the final analysis, Nielsen stressed the importance of consumers being aware of what they are entitled to. "It is especially important for travelers to become familiar with their rights because, in these exceptional times, they need to exercise their rights more than ever before," he said.
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