Flight Cancellations Right Before Your Trip: What Compensation Is Available for Package Holidays? [ABO]


Vols annulés juste avant un séjour : quid du dédommagement dans le cadre d'un forfait ? - Depositphotos.com  Auteur alexeynovikov

CroisiEurope


A female traveler filed a request with the Mediation after the cancellation of the flights included in a package holiday bound for Iceland. If the travel agency agreed to refund the stay, the client also believed she was entitled to a so-called ‘mirror’ compensation.

The trip consisted of a one-week stay in Iceland. A few days before departure, the airline responsible for the outbound and return flights canceled both legs.

Following this cancellation, the travel agency offered two options: reschedule the stay by one day, at a surcharge of €330, or keep the original dates with new flights, which would incur a surcharge of €980.

The traveler refused these two proposals and requested a full refund of the package, as well as an additional compensation.

The agency agreed to refund all amounts paid, but refused any additional compensation.



Ce que disent les textes :

To render its opinion, the Mediation relied on the provisions of Article R. 211-9 of the Tourism Code. This text provides that when an essential element of the contract is modified before departure, the professional must inform the traveler of the proposed changes and give them the choice to accept them or terminate the contract.

If the traveler refuses these modifications, they can obtain a full refund of the amounts paid.

In this case, the cancellation of the flights indeed constituted a modification of an essential element of the contract. The agency proposed replacement solutions, which the traveler was free to accept or refuse. After rejecting these proposals, she was allowed to cancel her stay at no cost and obtain the full refund of her package.


Ce que préconise la Médiation Tourisme et Voyage :

Dans ces conditions, la Médiation a considéré que le professionnel avait respecté les obligations prévues par le Code du tourisme.

Aucun élément ne permettrait de justifier l’octroi d’une indemnisation complémentaire, le remboursement intégral du séjour constituant une réparation suffisante.


Retrouvez tous les cas pratiques de la Médiation Tourisme et Voyage en cliquant HERE.


Rail Transport: ECTAA Backs EU Rail Package, Warns of Concentration Risks


Transport ferroviaire : ECTAA soutient le paquet européen mais alerte sur les risques de concentration - Depositphotos.com Auteur WDSuncrest

IFTM prenez RDV avec TourMaG


ECTAA welcomes the new “passenger package” presented by the European Commission, which includes proposals on rail ticketing, multimodal digital mobility services (MDMS), and the revision of rail passenger rights.

In a press release, the organization contends that these measures could improve consumers’ access to European rail services under conditions that are “fair, reasonable, and non-discriminatory” (FRAND). According to ECTAA, better access to railway content would strengthen “transparency, consumer choice, and innovation in rail distribution.”

The association also notes several cautionary points. It argues that the FRAND principles should not be confined to the rail sector alone but should also apply to air transport and other mobility sectors.

ECTAA cites in this regard the antitrust case involving Ryanair in Italy as an example of practices deemed unfavorable to independent distributors.


Ensuring Fair Access to Railway Content

« Ensuring fair access to railway content is an important and welcome step for both consumers and independent travel distributors », said Eric Drésin. The Secretary General of ECTAA nevertheless believes that « the same market dysfunctions exist in air transport and should be addressed coherently ».

ECTAA also expresses caution about opening the sales platforms of historical rail operators to competing services. While this measure could promote competition among rail companies, the organization fears that it may also reinforce the clout of large operators in distribution.

« We fear that some of the proposed measures could inadvertently create “super-competitors” », added Eric Drésin, pointing to a risk for independent distributors and the diversity of the market.