european-union air-travel compensation
Does Air France Cancellation policy violate EU 261/2004
<p>Related to <a href="https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261">https://travel.stackexchange.com/questions/155243/air-france-cancellation-policy-seems-to-violate-eu261</a> but this question is explicitly about legality as compared to &quot;how to approach Expedia&quot;</p>
<p><a href="https://www.airfrance.us/US/en/common/page_flottante/hp/news-air-traffic-air-france.htm?_ga=2.37906592.2047763376.1584965825-229758749.1581903476&amp;_gac=1.15846914.1584967539.EAIaIQobChMI0cCFl9Cw6AIVBXiGCh0scQABEAAYASAAEgLcBvD_Bw" rel="nofollow noreferrer">Air France Cancellation Policy</a> says for flights canceled by Air France:</p>
<blockquote>
<p>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</p>
</blockquote>
<p><a href="https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&amp;from=en" rel="nofollow noreferrer">EU 261/2004</a>
Article 5:</p>
<blockquote>
<ol>
<li>In case of cancellation of a flight, the passengers concerned shall:</li>
</ol>
<p>(a) be offered assistance by the operating air carrier in accordance with <strong>Article 8;</strong> and</p>
</blockquote>
<p>Article 8:</p>
<blockquote>
<ol>
<li>Where reference is made to this Article, passengers shall be offered the choice between:</li>
</ol>
<p>(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,</p>
</blockquote>
<p>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.</p>
<p><strong>Questions:</strong></p>
<ol>
<li>Does this Air France policy violate EU 261 ?</li>
<li>If yes, what options does a passenger have to get a full refund as required bu EU 261 ?</li>
</ol>

<p>Answering my own question after some more research (which I should have done in the first place).</p>

<ol>
<li>Yes, it's illegal both in the US and in the EU</li>
<li>Many airlines do it anyway because they are desperate for cash and hoping that no government agency will enforce it. A trade group is actually lobbying to change the laws</li>
<li>Airlines will do what they can to make you accept a voucher. Some create an incentive, some make it just extremely difficult to get refund or they will simply deny it. If you accept a voucher, you waive the right for a refund.</li>
<li>Only realistic option is a charge back through the credit card but I haven't found any successful examples yet.</li>
</ol>

<p>Good overview articles:</p>

<ul>
<li><a href="https://onemileatatime.com/flight-cancelled-refund/" rel="nofollow noreferrer">https://onemileatatime.com/flight-cancelled-refund/</a></li>
<li><a href="https://viewfromthewing.com/airlines-are-breaking-the-law-by-refusing-refunds-for-cancelled-flights/" rel="nofollow noreferrer">https://viewfromthewing.com/airlines-are-breaking-the-law-by-refusing-refunds-for-cancelled-flights/</a></li>
</ul>

<p><strong>THIS POST NEED AN UPDATE</strong></p>
<p>The French government <a href="https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000041755833" rel="nofollow noreferrer">created a law in March which allows Air France and other companies not to reimburse their customers</a>. This law is therefore not compatible with the EU261 of European Union that oblige companies to reimbursh their customers in case of cancellation.</p>
<p>The European Union has even put France <a href="https://www.veilleinfotourisme.fr/union-europeenne/politiques-et-initiatives/voyages-annules-l-ue-monte-au-front-pour-demander-leur-remboursement#:%7E:text=D%C3%A9fendant%20le%20droit%20des%20voyageurs,%27UE%2C%20dont%20la%20France.&amp;text=La%20Commission%20europ%C3%A9enne%20a%20ainsi,le%20Portugal%20et%20la%20Slovaquie." rel="nofollow noreferrer">on notice for these practices</a> the 2nd of July.</p>
<p>The French associations UFC-Que Choisir and CLVC have made a legal appeal against the french law mid july but <a href="https://www.zinfos974.com/Pas-de-remboursement-des-billets-d-avion-estime-le-Conseil-d-Etat_a157741.html" rel="nofollow noreferrer">the French Council of State reject the appeal</a> because it consider that it's not an emergency and it's not bad enough against customers to be examined.</p>
<p>I think France is falling into complete illegality what and someone from this site should try to clarify the situation.</p>
<p>This post need an update.</p>
