international european-union hong-kong
Coronavirus entry requirement change: flight refund (EU)
<p>The short story is that I (EU citizen) booked a flight, the government imposed an entry a policy change for me post-booking, and the flight company (Lufthansa) refuses to refund me (although re-booking has been suggested). This article [1] says that I should be entitled to a refund under force of circumstances, the flight company says I am not.</p>
<p>Should I be entitled to a refund?</p>
<p>In particular, I booked a flight from Lufthansa on the July 17th. The flight date is 22nd of August. On the 17th of July, according to the official rules, I could travel to Hong Kong. However, the government announced a policy change on the 16th of August, so some days ago [2]. Starting 20th of August, people from my country can travel to Hong Kong only if they are fully vaccinated at the time of the boarding. Due to this governmental change, I am barred from boarding the flight on the 22nd of August (I am vaccinated, but the time by which I am considered to have sufficient antibodies is on the 23rd, so two weeks after my 2nd vaccination).</p>
<p>I have requested the company for refund on three occasions (two phone calls, one chat on the website). However, I've been told that there will be no refund because I can not board due to restrictions, whilst I have been trying to repeatedly say that I am not requesting for a refund due to not reading travel restrictions, but due to an abrupt travel entry requirement for me which I could not anticipate at the time of the booking.</p>
<p>Quoting [1]:</p>
<p>&quot;According to the German travel law expert Prof. Dr. Ernst Führich, an officially imposed entry ban is a case of force of circumstances. As a result, package holidays and individually booked flights can be cancelled free of charge.&quot;</p>
<p>Do you know if I should be entitled to a refund or not?</p>
<p><strong>Edit:</strong> To clarify, the question is more specifically: &quot;Does a formally imposed travel entry requirement change that bars boarding of a passenger constitute unforeseeable extraordinary circumstances?&quot; Lufthansa seemingly uses the argument that covid-related flight cancellations constitute <em>unavoidable</em> extraordinary circumstances in order not to have to compensate over covid-related cancellations (rightly so). However, Lufthansa seemingly simultaneously states that a passenger cancellation due to covid-related travel requirement change (same reason) constitutes <em>avoidable</em> extraordinary circumstances. However, both stem from the same cause. How can a covid-related travel travel requirement change be unavoidable only when it cancels a flight and thus works in the favor of the flight company?</p>
<p>[1] <a href="https://www.evz.de/en/travelling-motor-vehicles/travel-law/coronavirus-travel-advice.html" rel="nofollow noreferrer">https://www.evz.de/en/travelling-motor-vehicles/travel-law/coronavirus-travel-advice.html</a></p>

<h2>You are not entitled to a refund</h2>
<p>Lufthansa stands ready, willing and able to fly you to Hong Kong - they have fulfilled their contractual obligation. The fact that you can't fly is due to your inability to comply with government requirements - it is no different than if you turned up at the airport with an expired passport.</p>
<p>While German (and Dutch) law includes the doctrine of <a href="https://dutch-law.com/force-majeure.html" rel="nofollow noreferrer">force majeure</a>, which is what Prof. Dr. Ernst Führich is referring to, it doesn't apply here. Both parties are still able to fulfil their contractual obligations - Lufthansa can provide a seat on a plane and you can pay for it - there is no contractual obligation on either of you for that seat to be occupied.</p>
<p>Notwithstanding, the default position can be modified by contract. Lufthansa's <a href="https://www.lufthansa.com/xx/en/business-terms-and-conditions-1.html#10" rel="nofollow noreferrer">contract</a> says:</p>
<blockquote>
<p>10.2.1. We will give you a refund as set out below if we cancel a flight, fail to operate a flight according to the timetable ...</p>
</blockquote>
<p>and</p>
<blockquote>
<p>10.3.1. If you request a refund for reasons other than those mentioned under paragraph 10.2.1. of this section, the amount of the refund will thus, <strong>provided the respective fare conditions stipulate as much</strong>, correspond to:</p>
</blockquote>
<p>Airlines sell (and are allowed to sell) tickets with different conditions, including whether they are refundable or not.</p>
