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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.

Should I be entitled to a refund?

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).

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.

Quoting [1]:

"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."

Do you know if I should be entitled to a refund or not?

Edit: To clarify, the question is more specifically: "Does a formally imposed travel entry requirement change that bars boarding of a passenger constitute unforeseeable extraordinary circumstances?" Lufthansa seemingly uses the argument that covid-related flight cancellations constitute unavoidable 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 avoidable 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?

[1] https://www.evz.de/en/travelling-motor-vehicles/travel-law/coronavirus-travel-advice.html

OTH
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1 Answers1

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You are not entitled to a refund

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.

While German (and Dutch) law includes the doctrine of force majeure, 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.

Notwithstanding, the default position can be modified by contract. Lufthansa's contract says:

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 ...

and

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, provided the respective fare conditions stipulate as much, correspond to:

Airlines sell (and are allowed to sell) tickets with different conditions, including whether they are refundable or not.

Dale M
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