The exceptional situation implied by Corona Virus gives rise to a lot of questions on your part, mainly about changes in travel and vacation departures.

To help you cope with the situation and to inform you of your rights, the ECC Luxembourg has put together a FAQ with the most frequently asked questions. Cancelled flights, closed borders and withdrawal of service providers, you will find the answers to your questions in this new section.

Still have questions? Please send us your questions to info@cecluxembourg.lu. This FAQ would not exist without you, and we will be happy to answer you!

I had booked via an online platform a flight to New York scheduled for April 2020. This flight was cancelled because of the covid. The refund was confirmed by the booking platform in April, but I still haven't received anything. What can I do?

The European Regulation n°261/2004 on air passenger rights provides that in case of flight cancellation, the airline that was supposed to operate the flight must offer the passenger a choice between a refund or a voucher. This Regulation does not mention the role of reservation platforms and therefore does not impose any specific obligation on them.

We therefore advise you to contact the airline company that was supposed to operate the flight and ask them in writing (email/online/mail) for a refund of the tickets. You can then, if you still do not receive a refund, contact the European Consumer Centre Luxembourg, which will be able to assist you, in particular in order to lodge a complaint with an authority responsible for enforcing air passenger rights.

My flight was cancelled by the airline in May 2020. The airline informed me that I had the option of requesting a refund of the tickets, but that this could take up to 10 months. Is this legal?

No it is not in accordance with the applicable law. Indeed, the European Regulation n°261/2004 on air passenger rights stipulates that in case of flight cancellation, the company must refund the passenger within 7 days.

However, due to the very large number of requests for reimbursement that have been made following the covid crisis, it is generally accepted for the time being that this 7-day period should not be imposed. Nevertheless, the refund must be made within a reasonable period of time in view of the circumstances. In this respect, 10 months may be considered too long.

I have booked a hotel but due to current restrictions I would first have to go into quarantine in the country where the hotel is located. I do not want that. Can I cancel free of charge?

No, in this case you cannot cancel free of charge as long as the hotel is open. The conditions of the contract regarding cancellation apply (see the hotel’s General Terms and Conditions). These usually provide staggered cancellation costs (the closer the date of travel, the higher the cancellation costs).

It is therefore advisable to contact the hotel, to describe the situation and to try to reach an agreement. The hotel may be willing to cancel the stay at a low cost or issue a voucher.

I booked a holiday at a camping in Denmark but the borders are currently closed for people coming from Luxembourg. The camping refuses to give me a refund or postpone my booking. Is this legal? It is not my fault that I cannot travel to Denmark.

In recent months, several countries have passed specific laws to allow even non-cancellable reservations – not changeable in exchange for a voucher or refund – to be cancelled or postponed.

However, Denmark has not passed any specific laws, which means that the ‘normal’ cancellation conditions of the campsite apply even in exceptional circumstances. Legally, the camping considers that it can provide the service and that it is you who makes a “no-show”, even if it is not your fault.

Without a commercial gesture on the part of the camping, you will not be able to claim a refund or postponement of your trip. As a last resort you can try to contact any cancellation insurance you may have concluded . You can also, if necessary, subscribe to an insurance policy that is linked to your bank card, but in general pandemics are excluded from these insurances.

My flight has been cancelled and the airline is offering me a refund in the form of travel vouchers valid for 10 months from the date of issue, on the offer of the companies belonging to its alliance/group. Is this legal?

Yes, it’s legal. Indeed, the European regulation n°261/2004 on air passenger rights does not specify the conditions of vouchers. Before choosing between a refund in cash or in travel vouchers, it is therefore advisable to find out about the conditions of validity of the vouchers (how long they are valid, from what date, which vouchers can be used for which services, which airlines, etc.). To motivate passengers to accept vouchers, some airlines even offer an additional amount.

I booked a house in France for this summer but my employer has changed the dates of my holidays following the Coronavirus crisis. Am I entitled to a refund?

If you subscribed to a cancellation insurance and the insurance covers this type of situation, you will be entitled to a refund under the conditions imposed by the insurance.

If you have not subscribed to a cancellation insurance and your reservation cannot be modified or cancelled, you will unfortunately not be able to demand a refund. We then advise you to contact the lessor in order to find an agreement with the latter, for example, a postponement of your stay.

I have booked a hotel room in a country where I am not allowed to enter due to the current Corona situation. Do I have a right to a refund of the room price?

If the hotel is open and can therefore provide the room, you are not entitled to a refund. Something different could result if the booking conditions (GTC) include the possibility of a (free) cancellation. Therefore, you should check the GTC to that effect and contact the hotel in any case to find a solution.

Does a foreign construction company has the right to refuse the ongoing work of a building site in Luxembourg because of the health situation in Luxembourg?

The fact that a foreign company refuses to undertake the building site due to the sanitary situation in Luxembourg is a personal and individual decision. The company can refuse to intervene but you can oppose the company the costs of penalties contractually foreseen related to the delay. .

I have booked a hotel room in a country with no major health restrictions (border closures, compulsory quarantine, etc…) but the service provider refuses to provide me with the service because I am resident in Luxembourg and he personally considers it is an infected area. Is this legal?

No, it is not legal. A service provider cannot refuse to sell a service because he personally considers that there is a health danger in Luxembourg. Only official information and government restrictions have to be taken into account. A service provider who refuses to provide a service is liable to reimburse the full amount paid and you may also be entitled to request additional compensation.

My flight was cancelled due to the COVID-19 outbreak. I contacted the airline for a refund. I've been waiting for their response for a week now. Is there a deadline for a response provided for in the European Regulation protecting Air passenger rights?

No, there is no deadline provided for in the Regulation. However, it is usual to consider that airlines have 2 months to provide you with an answer.

What can I do if my flight is normally operated again by the airline but I am prevented to travel due to Covid-19 restrictions, (territory entry ban to certain passengers, e.g. not citizens or not residents; mandatory quarantine, among others)?

If the airline carries out the trip to the country of destination (that has the ban of entrance for “certain passengers”), the airline will be fulfilling its obligation to carry out the flight; in that case if you decide to cancel the trip, the responsibility lies on you and not with the airline. You must observe the terms and conditions that govern the ticket. That is to say, if for the fare paid for the ticket, you are entitled or not to a refund or a re-booking (free of charge or paying an extra fee).
By the other side, if the airline carries out the trip but denies you the boarding, due to the entry restrictions, the rule to apply would be the Regulation 261/2004 on Passenger Rights, it means, you could cancel the flight, with reimbursement of the ticket, among other options.

My flight was not yet cancelled by the airline, but I don’t want to or can’t travel. If I cancel my flight, do I have the right to a refund?

If you decide to cancel your trip, usually it is not possible to do so for free or get a full refund. If the fare of the ticket offers the option of changes and cancellation, such benefits will apply, and can be: a) free of charge or, b) with the payment of a price difference to rebook or, c) application of a fee for the cancellation of the ticket or, d) in some cases the loss of the money payed for the ticket. As general rule, the ticket’s fare conditions should be reviewed. Due to current circumstances, some airlines are offering goodwill regulations and terms and conditions for upcoming travels to countries with entry bans or travel warnings, like rebooking’s free of charge.

My flight was cancelled by the airline due the current situation – COVID-19-. Do I have the right to a refund?

The airlines, due to the current situation, are applying different methods. As general rule, if the flight is cancelled by the airline, you are entitled to a refund. Some airlines are trying to do the refund using a voucher (valid for up to one year) instead of money. You can use this voucher for another trip with the same carrier. However, it should be noted that acceptance of the voucher does not mean that you lose your right to a money refund. If you accept the voucher and do not use it within the period limit, you have the right to request a money refund.