The concept of the ‘signed agreement of the passenger’ for reimbursement in travel vouchers

Adding to the list of decisions on air transport relating to the interpretation of the provisions of Regulation (EC) No. 261/2004, which establishes common rules on compensation and assistance to passengers in the event of denied boarding, flight cancellations, or long delays, the Court of Justice of the European Union rules on the right of air passengers to ticket refunds. In this specific case, following the cancellation of a flight, the airline offered passengers the option of obtaining an immediate refund via a travel voucher by filling out an online form, or a cash refund of the ticket price, but the latter option was subject to a procedure that required additional steps to be completed with customer service. The Court emphasized that ticket refunds must be made primarily in cash and that, conversely, refunds in the form of travel vouchers are a subsidiary form of refund, as they are subject to the additional condition of an “agreement signed by the passenger”, focusing its attention on the latter concept. It ruled that the completion by the passenger of an online form on the air carrier’s website, by which they opted for this method of reimbursement, to the exclusion of cash reimbursement, only constitutes a ‘signed agreement’ for the reimbursement of the ticket by means of a travel voucher if the passenger was able to make an effective and informed choice and, therefore, to give their informed consent to the reimbursement of the ticket by means of a travel voucher rather than a sum of money. It is therefore necessary for the air carrier to have provided the passenger, in a fair manner, with clear and comprehensive information on the different reimbursement options available to them.

Lisia Carota, La nozione di “accordo firmato dal passeggero” per il rimborso del biglietto tramite buono viaggio in "RIVISTA ITALIANA DI DIRITTO DEL TURISMO" 47/2026, pp 172-187, DOI: 10.3280/DT2026-047007