Air Travel Rights: Flight Cancellation, Rescheduling

Flight Cancellation, Rescheduling, or Delay Issues

Flight Cancelled, Rescheduled, or Delayed by the Airline

Liability: the airline unless due to safety reasons or strikes.

The airline (or agency) is expected to notify you as soon as possible. Legally, the dates and times listed on your ticket are part of the contract and should "theoretically" be honored by the carrier, except in cases of safety concerns or strikes. For these two reasons, the airline is no longer legally liable (meaning the passenger must cover any additional costs), though the airline may still offer a commercial gesture.

In all cases, compensation claims should be submitted to the airline or the agency that sold the ticket.

Delay and Rescheduling: The delay or rescheduling must be "significant" to be considered. After 2 hours (flights under 1,500 km), 3 hours (1,500–3,500 km), or 4 hours (flights over 3,500 km), you can request various services from the carrier (drinks, meals, accommodation, etc.). After a 5-hour delay, you are entitled to a ticket refund.

Cancellation: No compensation will be provided if passengers are informed more than two weeks before the scheduled departure or if they are rebooked on another flight close to the original time. Otherwise, since 2005, the compensation rules for overbooking apply. If issues arise on the return flight and you must use another carrier at an additional cost, you can claim the difference (generally subject to prior agreement).

Charter Flight Cancelled, Rescheduled, or Delayed by the Tour Operator

Liability: the tour operator unless due to safety reasons or strikes.

Previously, tour operators protected themselves through "special sales conditions" (often excessive) in their contracts, limiting or excluding liability for such issues. However, the same regulations now apply as for airlines. Thus, compensation is possible for delays exceeding 5 hours or flight changes/cancellations made less than two weeks in advance.

Nevertheless, it is highly advisable to read the sales contract carefully before signing and to inquire about the next steps in case of problems, including possible recourse, coverage of additional costs due to delays or rescheduling (such as a change in departure or return airport), etc. If any terms seem excessive, ask for them to be modified or look elsewhere.

With the 1992 and 2009 laws, passengers are better protected against agencies, which are now liable for issues, including those caused by their suppliers.

Flight Diverted to Another Airport

Liability: the airline unless due to safety reasons or strikes.

In this case, the airline must inform those waiting at the original airport and ensure passengers are returned there under the best possible conditions. In practice, compensation may be treated similarly to a delay.

Strike Issues

Liability: ?

This is one of the most delicate aspects of travel law, depending on whether a strike is considered a "force majeure" event, which releases the airline and/or agency from liability.

The carrier will often argue that "no reasonable measures could avoid the circumstances of the strike" (even if it is their own), meaning no compensation is possible, though assistance must still be provided to passengers at the airport.

Cancellation (or Modification) of the Trip by the Passenger

Liability: the passenger.

For a full-fare ticket on a scheduled flight, there is no issue with refunds in case of cancellation. However, this is not the case for other scenarios.

Discounted, promotional, or charter tickets are almost always subject to special refund conditions and are only refundable if you have taken out cancellation insurance covering the reason for cancellation (the same applies to modifications). Remember that cancellation must generally be declared within 5 days, sometimes within 24 hours of the event causing the cancellation.

Finally, if a ticket is not used at all, the airline must refund the airport taxes, as it will not pay them to the relevant airport authorities.

Airport Tax Refund for Unused Tickets

Liability: the airline.

If a ticket is unused, regardless of the reason—including non-refundable tickets—the airline is obligated to refund the airport taxes, which must be listed on the travel document. This tax is never due if the passenger does not board.

Note that since late 2013, a new law allows this refund to be requested from the agency that sold the ticket. However, deductions of 0–20% may apply, depending on whether the request is made online or at a counter (travel agency or airline).

Tour Operator or Airline Bankruptcy

Liability: the tour operator or airline.

Financial guarantees exist (in theory) for both, particularly for agencies and tour operators. These are designed, among other things, to cover refunds or ensure repatriation if bankruptcy occurs during the trip. Additionally, passengers are generally protected against airline bankruptcies thanks to a special fund created by IATA (airlines) and ECTAA (European Association of Travel Agents).

However, if an airline goes bankrupt, a customer who purchased their ticket directly from the airline (via its agency or website) will have far less chance of being refunded than someone who bought their ticket through a tour operator or travel agency (including online).