Flight cancelled: are you bound by a voucher instead of a refund?

The case: an account was opened, but no miles were credited

After a flight from Düsseldorf via Abu Dhabi to Brisbane was cancelled, the passenger was offered reimbursement in air miles with additional credits. She opened a loyalty account for that purpose but did not receive the promised miles. The dispute concerned a ticket price of EUR 1,189 (CJEU, C-642/23, paragraphs 7 to 14).

The CJEU required an express, definitive and unequivocal acceptance of that form of reimbursement. Opening an account alone is insufficient because it may merely indicate a wish to join the loyalty programme generally. The German court must assess the actual facts. The CJEU did not itself award the passenger any payment (paragraphs 23 to 28 and the operative part).

First choose reimbursement, then examine its form

Following a cancellation, Article 8(1) of Regulation (EC) No 261/2004 generally provides a choice between reimbursement and rerouting. Passengers choosing reimbursement can generally request monetary payment within seven days for the journey sections covered. Under Article 7(3), travel vouchers and other services require the passenger’s agreement. Any additional compensation is a separate issue.

First establish whether the Regulation applies. In particular, it covers departures from the EU; for flights from a third country into the EU, the operating airline generally also matters. Package travel and alternative transport already selected can require further distinctions (Articles 3 and 8).

An online selection can be effective

The absence of a signature does not reliably establish a right to reclaim payment. In the supplementary judgment C-76/23 of 21 March 2024, the CJEU accepted in principle that an express choice of a voucher can be made by submitting an online form. The airline must provide clear, complete and fair information about the available forms of reimbursement. On that basis, the choice can exclude a later switch to a monetary refund (paragraphs 29 to 37 and the operative part).

Incomplete information, a language the passenger cannot reasonably be expected to understand or an unfairly burdensome route to monetary reimbursement are problematic. In particular, additional hurdles compared with the voucher option can undermine informed consent (C-76/23, paragraphs 30 to 33). The relevant process is the one used at the time, not merely the airline’s current website.

What the judgments do not establish

The judgments do not invalidate every voucher. The CJEU expressly left open whether already valid consent to reimbursement in air miles can be revoked if the miles are subsequently not credited: the second question in C-642/23 was not answered (paragraphs 16, 17 and 29). That situation requires a separate assessment.

Our simplified comparison: merely opening an air-miles account does not necessarily mean exchanging the ticket price for miles. A passenger who expressly selects a voucher instead of monetary payment after understandable information may, however, be bound by that choice. These two steps should therefore be documented separately for assessment.

New EU rules apply from 23 October 2027

Regulation (EU) 2026/2202, which has already been published, contains additional voucher rules. Under its Article 3, however, it applies only from 23 October 2027. Those future provisions must not be presented as reimbursement rights already applicable today. The relevant date and applicable law must be checked in each dispute.

These records help assess your claim

Our recommendation: if consent is disputed, ask the airline to identify the specific selection process and the information displayed at the time. Describe truthfully what you actually selected. Avoid hastily using a disputed voucher before its consequences have been assessed.

• Keep the booking confirmation, ticket price and cancellation notice.
• Collect screenshots of reimbursement options, terms and confirmation emails.
• Distinguish the dates of account creation, voucher selection and any actual credit.
• Include previous payment requests and the airline’s responses.