Written answers

Tuesday, 13 December 2022

Department of Transport, Tourism and Sport

Aviation Industry

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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213. To ask the Minister for Transport, Tourism and Sport if there is a mechanism for a person to claim a refund for the cost of a flight that did operate but that they did not take due to Covid restrictions in cases in which the flight operator has refused a refund of the cost; and if he will make a statement on the matter. [61856/22]

Photo of Hildegarde NaughtonHildegarde Naughton (Galway West, Fine Gael)
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The terms and conditions of any flight booking with an airline will determine if refunds or options such as vouchers are due in instances where the flight operates, and the customer does not travel. In instances where a flight is cancelled consumer rights in overseas travel are protected under EU law, which of course applies in Ireland.

The EU Regulation (EC) No. 261/2004 sets out the rights and entitlements of airline passengers in instances of flight cancellations, among other matters. It provides that where a flight is cancelled the air carrier must offer the passenger the choice of a refund of the cost of the unused flight ticket within seven days or re-routing as soon as possible after the original departure time or at a later date. However, there is no legal onus on airlines to refund where a flight goes ahead.

While the impacts of the pandemic are in decline the Department of Foreign Affairs maintains a general COVID-19 travel advisory noting that when planning travel abroad, persons travelling should take into account the risk of testing positive for COVID-19 while abroad. Anyone contracting COVID-19 when abroad, may face delays and additional costs before returning to Ireland. Persons travelling are advised to take out comprehensive travel insurance and to check with their insurance provider on COVID coverage before travel.

Any intending air travel passengers should make themselves aware of the terms and conditions of the flight bookings they wish to make whether done so directly with the airline or via an intermediary, such as travel agents or tour operators, particularly the terms relating to cancellations and/or re-booking options if the passenger cannot travel for whatever reason.

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