It may happen that, just a few days before departure, you get so ill that you can no longer leave. In these cases, unfortunately, there are not many alternatives: you have to give up the departure and cancel the trip. But what happens to the money spent to buy the plane ticket? In these cases, in fact, in addition to giving up the holiday, one of the main problems that afflicts travelers is the loss of the money used to purchase the flight. Surely, it explains theNational Consumer Unionthose who have taken out travel insurance will be able to receive a refund of the air ticket through a specific request to be submitted directly to the insurance company.
Not everyone knows, however, that even in the absence of a special travel insurance it is possible to obtain flight reimbursement in the event of cancellation of the trip due to illness or other impediment, provided that the conditions established by the legislation on the matter are met. So let’s see in more detail when and how you can request a refund.
How do you get a refund for a trip canceled for health reasons? The main reference rule is represented by the Navigation Code which, in article 945, establishes that: “If the passenger’s departure is prevented for reasons not attributable to him, the contract is terminated and the carrier returns the price of passage already paid. If the impediment concerns one of the relatives or members of the family, who had to travel together, each of the passengers can request the termination of the contract under the same conditions”. Another important regulatory source is the Tourism Code, which however only applies to ‘all inclusive’ tourist packages.
Returning to article 945 of the Navigation Code, we speak of a “cause not attributable to the traveller’s will” without, however, providing a clear definition of what is meant by a cause not attributable. Certainly, among the causes not attributable to the will of the traveler and which justify the possibility of requesting a refund of the air ticket are the illness or physical impediment of the reservation holder such as a serious injury, urgent surgery or even hospitalization.
For example, the Italian judges recognized the right to full reimbursement of the travel price for a tourist who had requested the cancellation of a study holiday due to the onset of pneumonia.
Obviously, in recent years, with the advent of the pandemic, the cases of canceling a trip for health reasons, or even for a positive swab, have increased exponentially.
In addition to his own illness, a refund of the air ticket can also be requested in the event that the illness or physical impediment concerns a family member or a close relative. In these cases, in fact, the law allows the termination of the contract and the return of the price paid for the purchase of the ticket. This principle is also confirmed in some sentences, in which the requests for reimbursement presented by consumers were accepted by the judges.
For example, the right to reimbursement of expenses incurred in favor of two newlyweds was recognized, who found themselves forced to cancel their honeymoon due to the emergency hospitalization of the mother of the bride, struck by a sudden illness . In this circumstance, the judges reiterated that the cancellation of the trip and the related reimbursement can be granted not only in the event that the illness directly affects the traveller, but also in the event that the health impediment affects a family member , provided that it occurred and was unforeseeable.
Moreover, among the causes that legitimize the cancellation of the trip based on the interpretation given by the jurisprudence, there is also a death in the family, provided it is suddenoccurred after booking the flight (or possibly flights) and passed away: a spouse or civil union partner, or a first-degree relative in the direct line (such as a parent or child), or a second-degree relative (a brother, sister, grandparent or nephew). On the other hand, reimbursement could not be requested, according to the jurisprudence, if the mourning affects a third-degree relative such as an uncle, or a fourth-degree relative such as a cousin.
In order to obtain reimbursement following the cancellation of the trip for reasons not attributable, you must immediately contact the airline or travel agency where you booked and paid for your trip: to obtain a refund, you must promptly send the airline or agency all the documentation necessary to certify that you are unable to leave. To be clear, it is necessary to demonstrate, through special certificates, the actual seriousness of the illness and, in the event of mourning, that it is a sudden event and subsequent to the booking.
In summary, together with the request, the following must be presented: identity document of the person giving up the flight; travel document, i.e. the plane ticket or, alternatively, the booking document issued by the agency; medical certificate certifying the seriousness of the state of health (issued by your general practitioner, by a doctor in a private facility or by the hospital or health facility involved in case there is or should be hospitalization); death certificate of the family member in the event that the cancellation of the trip is determined by sudden mourning.
It could happen that the airlines refuse to refund the traveler or offer the traveler the only possibility of obtaining a voucher, i.e. a voucher to be used for the purchase of a subsequent flight. In this case, you can contact the Unc experts of the Tourism and Travel Desk for assistance.