Law Asked on November 27, 2021
Related to https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261 but this question is explicitly about legality as compared to "how to approach Expedia"
Air France Cancellation Policy says for flights canceled by Air France:
complete the online form below to obtain a travel voucher. This voucher is valid for 1 year on all Air France, KLM, Delta Air Lines and Virgin Atlantic flights. This voucher will be refundable after one year if it is not used
EU 261/2004
Article 5:
- In case of cancellation of a flight, the passengers concerned shall:
(a) be offered assistance by the operating air carrier in accordance with Article 8; and
Article 8:
- Where reference is made to this Article, passengers shall be offered the choice between:
(a) – reimbursement within seven days, by the means provided for in Article 7(3), of the full cost of the ticket at the price at which it was bought, for the part or parts of the journey not made, and for the part or parts already made if the flight is no longer serving any purpose in relation to the passenger’s original travel plan, together with, when relevant,
So it seems that EU261 requires refund within 7 days but Air France is offering only a travel voucher that may be refunded after one year.
Questions:
THIS POST NEED AN UPDATE
The French government created a law in March which allows Air France and other companies not to reimburse their customers. This law is therefore not compatible with the EU261 of European Union that oblige companies to reimbursh their customers in case of cancellation.
The European Union has even put France on notice for these practices the 2nd of July.
The French associations UFC-Que Choisir and CLVC have made a legal appeal against the french law mid july but the French Council of State reject the appeal because it consider that it's not an emergency and it's not bad enough against customers to be examined.
I think France is falling into complete illegality what and someone from this site should try to clarify the situation.
This post need an update.
Answered by Taeith on November 27, 2021
Answering my own question after some more research (which I should have done in the first place).
Good overview articles:
Answered by Hilmar on November 27, 2021
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